1463 
HR 6124 PCS
tract, or transaction is sufficiently related 
to the price of a contract or contracts list-
ed for trading on or subject to the rules of 
a designated contract market or derivatives 
transaction execution facility, or a signifi-
cant price discovery contract or contracts 
trading on or subject to the rules of an 
electronic trading facility, so as to permit 
market participants to effectively arbitrage 
between the markets by simultaneously 
maintaining positions or executing trades 
in the contracts on a frequent and recur-
ring basis. 
‘‘(iii) 
MATERIAL
PRICE
REF-
ERENCE.—The extent to which, on a fre-
quent and recurring basis, bids, offers, or 
transactions in a commodity are directly 
based on, or are determined by ref-
erencing, the prices generated by agree-
ments, contracts, or transactions being 
traded or executed on the electronic trad-
ing facility. 
‘‘(iv) MATERIAL LIQUIDITY.—The ex-
tent to which the volume of agreements, 
contracts, or transactions in the com-
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01463
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1464 
HR 6124 PCS
modity being traded on the electronic trad-
ing facility is sufficient to have a material 
effect on other agreements, contracts, or 
transactions listed for trading on or sub-
ject to the rules of a designated contract 
market, a derivatives transaction execution 
facility, or an electronic trading facility op-
erating in reliance on the exemption in 
paragraph (3). 
‘‘(v) OTHER
MATERIAL
FACTORS.— 
Such other material factors as the Com-
mission specifies by rule as relevant to de-
termine whether an agreement, contract, 
or transaction serves a significant price 
discovery function. 
‘‘(C) CORE
PRINCIPLES
APPLICABLE
TO 
SIGNIFICANT PRICE DISCOVERY CONTRACTS.— 
‘‘(i) 
IN
GENERAL.—An 
electronic 
trading facility on which significant price 
discovery contracts are traded or executed 
shall, with respect to those contracts, com-
ply with the core principles specified in this 
subparagraph. 
‘‘(ii) CORE
PRINCIPLES.—The elec-
tronic trading facility shall have reasonable 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01464
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1465 
HR 6124 PCS
discretion (including discretion to account 
for 
differences 
between 
cleared 
and 
uncleared significant price discovery con-
tracts) in establishing the manner in which 
it complies with the following core prin-
ciples: 
‘‘(I) CONTRACTS
NOT
READILY 
SUSCEPTIBLE
TO
MANIPULATION.— 
The electronic trading facility shall 
list only significant price discovery 
contracts that are not readily suscep-
tible to manipulation. 
‘‘(II) MONITORING
OF
TRAD-
ING.—The electronic trading facility 
shall monitor trading in significant 
price discovery contracts to prevent 
market manipulation, price distortion, 
and disruptions of the delivery or 
cash-settlement process through mar-
ket surveillance, compliance, and dis-
ciplinary practices and procedures, in-
cluding methods for conducting real- 
time monitoring of trading and com-
prehensive and accurate trade recon-
structions. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01465
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1466 
HR 6124 PCS
‘‘(III) ABILITY
TO
OBTAIN
IN-
FORMATION.—The electronic trading 
facility shall— 
‘‘(aa) establish and enforce 
rules that will allow the electronic 
trading facility to obtain any nec-
essary information to perform 
any of the functions described in 
this subparagraph; 
‘‘(bb) provide the informa-
tion to the Commission upon re-
quest; and 
‘‘(cc) have the capacity to 
carry out such international in-
formation-sharing agreements as 
the Commission may require. 
‘‘(IV) POSITION LIMITATIONS OR 
ACCOUNTABILITY.—The 
electronic 
trading facility shall adopt, where nec-
essary and appropriate, position limi-
tations or position accountability for 
speculators in significant price dis-
covery contracts, taking into account 
positions in other agreements, con-
tracts, and transactions that are 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01466
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1467 
HR 6124 PCS
treated by a derivatives clearing orga-
nization, whether registered or not 
registered, as fungible with such sig-
nificant price discovery contracts to 
reduce the potential threat of market 
manipulation or congestion, especially 
during trading in the delivery month. 
‘‘(V) EMERGENCY AUTHORITY.— 
The electronic trading facility shall 
adopt rules to provide for the exercise 
of emergency authority, in consulta-
tion or cooperation with the Commis-
sion, where necessary and appro-
priate, including the authority— 
‘‘(aa) to liquidate open posi-
tions in a significant price dis-
covery contract; and 
‘‘(bb) to suspend or curtail 
trading in a significant price dis-
covery contract. 
‘‘(VI) DAILY
PUBLICATION
OF 
TRADING
INFORMATION.—The elec-
tronic trading facility shall make pub-
lic daily information on price, trading 
volume, and other trading data to the 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01467
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1468 
HR 6124 PCS
extent 
appropriate 
for 
significant 
price discovery contracts 
‘‘(VII) 
COMPLIANCE
WITH 
RULES.—The electronic trading facil-
ity shall monitor and enforce compli-
ance with any rules of the electronic 
trading facility applicable to signifi-
cant price discovery contracts, includ-
ing the terms and conditions of the 
contracts and any limitations on ac-
cess to the electronic trading facility 
with respect to the contracts. 
‘‘(VIII) CONFLICT
OF
INTER-
EST.—The electronic trading facility, 
with respect to significant price dis-
covery contracts, shall— 
‘‘(aa) establish and enforce 
rules to minimize conflicts of in-
terest 
in 
its 
decision-making 
process; and 
‘‘(bb) establish a process for 
resolving the conflicts of interest. 
‘‘(IX) 
ANTITRUST
CONSIDER-
ATIONS.—Unless necessary or appro-
priate to achieve the purposes of this 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01468
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1469 
HR 6124 PCS
Act, the electronic trading facility, 
with respect to significant price dis-
covery contracts, shall endeavor to 
avoid— 
‘‘(aa) adopting any rules or 
taking any actions that result in 
any unreasonable restraints of 
trade; or 
‘‘(bb) imposing any material 
anticompetitive burden on trad-
ing on the electronic trading fa-
cility. 
‘‘(D) IMPLEMENTATION.— 
‘‘(i) 
CLEARING.—The 
Commission 
shall take into consideration differences be-
tween cleared and uncleared significant 
price discovery contracts when reviewing 
the implementation of the core principles 
by an electronic trading facility. 
‘‘(ii) REVIEW.—As part of the Com-
mission’s continual monitoring and surveil-
lance activities, the Commission shall, not 
less frequently than annually, evaluate, as 
appropriate, all the agreements, contracts, 
or transactions conducted on an electronic 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01469
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1470 
HR 6124 PCS
trading facility in reliance on the exemp-
tion provided in paragraph (3) to deter-
mine whether they serve a significant price 
discovery function as described in subpara-
graph (B) of this paragraph.’’. 
SEC. 13202. LARGE TRADER REPORTING. 
(a) REPORTING
AND
RECORDKEEPING.—Section 
4g(a) of the Commodity Exchange Act (7 U.S.C. 6g(a)) 
is amended by inserting ‘‘, and in any significant price 
discovery contract traded or executed on an electronic 
trading facility or any agreement, contract, or transaction 
that is treated by a derivatives clearing organization, 
whether registered or not registered, as fungible with a 
significant price discovery contract’’ after ‘‘elsewhere’’. 
(b) REPORTS OF POSITIONS EQUAL TO OR IN EX-
CESS OF TRADING LIMITS.—Section 4i of such Act (7 
U.S.C. 6i) is amended— 
(1) by inserting ‘‘, or any significant price dis-
covery contract traded or executed on an electronic 
trading facility or any agreement, contract, or trans-
action that is treated by a derivatives clearing orga-
nization, whether registered or not registered, as 
fungible with a significant price discovery contract’’ 
after ‘‘subject to the rules of any contract market or 
derivatives transaction execution facility’’; and 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01470
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1473 
HR 6124 PCS
the determination described in subparagraph (B) of para-
graph (7)’’ after ‘‘paragraph (4)’’. 
(g) Section 4a of such Act (7 U.S.C. 6a) is amend-
ed— 
(1) in subsection (a)— 
(A) in the first sentence, by inserting ‘‘, or 
on electronic trading facilities with respect to a 
significant price discovery contract’’ after ‘‘de-
rivatives transaction execution facilities’’; and 
(B) in the second sentence, by inserting ‘‘, 
or on an electronic trading facility with respect 
to a significant price discovery contract,’’ after 
‘‘derivatives transaction execution facility’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘or elec-
tronic trading facility with respect to a signifi-
cant price discovery contract’’ after ‘‘facility or 
facilities’’; and 
(B) in paragraph (2), by inserting ‘‘or elec-
tronic trading facility with respect to a signifi-
cant price discovery contract’’ after ‘‘derivatives 
transaction execution facility’’; and 
(3) in subsection (e)— 
(A) in the first sentence— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01473
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1474 
HR 6124 PCS
(i) by inserting ‘‘or by any electronic 
trading facility’’ after ‘‘registered by the 
Commission’’; 
(ii) by inserting ‘‘or on an electronic 
trading facility’’ after ‘‘derivatives trans-
action execution facility’’ the second place 
it appears; and 
(iii) by inserting ‘‘or electronic trading 
facility’’ before ‘‘or such board of trade’’ 
each place it appears; and 
(B) in the second sentence, by inserting 
‘‘or electronic trading facility with respect to a 
significant price discovery contract’’ after ‘‘reg-
istered by the Commission’’. 
(h) Section 5a(d) of such Act (7 U.S.C. 7a(d)(1)) is 
amended— 
(1) by redesignating paragraphs (4) through 
(9) as paragraphs (5) through (10); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) POSITION
LIMITATIONS
OR
ACCOUNT-
ABILITY.—To reduce the potential threat of market 
manipulation or congestion, especially during trading 
in the delivery month, the derivatives transaction 
execution facility shall adopt position limits or posi-
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01474
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1475 
HR 6124 PCS
tion accountability for speculators, where necessary 
and appropriate for a contract, agreement or trans-
action with an underlying commodity that has a 
physically deliverable supply.’’. 
(i) Section 5c(a) of such Act (7 U.S.C. 7a–2(a)) is 
amended in paragraph (1) by inserting ‘‘, and section 
2(h)(7) with respect to significant price discovery con-
tracts,’’ after ‘‘, and 5b(d)(2)’’. 
(j) Section 5c(b) of such Act (7 U.S.C. 7a–2(b)) is 
amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.—A contract market, deriva-
tives transaction execution facility, or electronic 
trading facility with respect to a significant price 
discovery contract may comply with any applicable 
core principle through delegation of any relevant 
function to a registered futures association or a reg-
istered entity that is not an electronic trading facil-
ity.’’; 
(2) in paragraph (2), by striking ‘‘contract 
market or derivatives transaction execution facility’’ 
and inserting ‘‘contract market, derivatives trans-
action execution facility, or electronic trading facil-
ity’’; and 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01475
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1476 
HR 6124 PCS
(3) in paragraph (3), by striking ‘‘contract 
market or derivatives transaction execution facility’’ 
each place it appears and inserting ‘‘contract mar-
ket, derivatives transaction execution facility, or 
electronic trading facility’’. 
(k) Section 5c(d)(1) of such Act (7 U.S.C. 7a– 
2(d)(1)) is amended by inserting ‘‘or 2(h)(7)(C) with re-
spect to a significant price discovery contract traded or 
executed on an electronic trading facility,’’ after 
‘‘5b(d)(2)’’. 
(l) Section 5e of such Act (7 U.S.C. 7b) is amended 
by inserting ‘‘, or revocation of the right of an electronic 
trading facility to rely on the exemption set forth in sec-
tion 2(h)(3) with respect to a significant price discovery 
contract,’’ after ‘‘revocation of designation as a registered 
entity’’. 
(m) Section 6(b) of the Commodity Exchange Act (7 
U.S.C. 8(b)) is amended by striking the first sentence and 
all that follows through ‘‘hearing on the record: Provided,’’ 
and inserting the following: 
‘‘The Commission is authorized to suspend for a pe-
riod not to exceed 6 months or to revoke the designation 
or registration of any contract market or derivatives trans-
action execution facility, or to revoke the right of an elec-
tronic trading facility to rely on the exemption set forth 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01476
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1477 
HR 6124 PCS
in section 2(h)(3) with respect to a significant price dis-
covery contract, on a showing that the contract market 
or derivatives transaction execution facility is not enforc-
ing or has not enforced its rules of government, made a 
condition of its designation or registration as set forth in 
sections 5 through 5b or section 5f, or that the contract 
market or derivatives transaction execution facility or elec-
tronic trading facility, or any director, officer, agent, or 
employee thereof, otherwise is violating or has violated any 
of the provisions of this Act or any of the rules, regula-
tions, or orders of the Commission thereunder. Such sus-
pension or revocation shall only be made after a notice 
to the officers of the contract market or derivatives trans-
action execution facility or electronic trading facility af-
fected and upon a hearing on the record: Provided,’’. 
(n) Section 22(b)(1) of such Act (7 U.S.C. 25(b)(1)) 
is amended by inserting ‘‘section 2(h)(7) or’’ before ‘‘sec-
tions 5’’. 
SEC. 13204. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in this section, 
this subtitle shall become effective on the date of enact-
ment of this Act. 
(b) SIGNIFICANT PRICE DISCOVERY STANDARDS 
RULEMAKING.— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01477
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1478 
HR 6124 PCS
(1) The Commodity Futures Trading Commis-
sion shall— 
(A) not later than 180 days after the date 
of the enactment of this Act, issue a proposed 
rule regarding the implementation of section 
2(h)(7) of the Commodity Exchange Act; and 
(B) not later than 270 days after the date 
of enactment of this Act, issue a final rule re-
garding the implementation. 
(2) In its rulemaking pursuant to paragraph 
(1) of this subsection, the Commission shall include 
the standards, terms, and conditions under which an 
electronic trading facility will have the responsibility 
to notify the Commission that an agreement, con-
tract, or transaction conducted in reliance on the ex-
emption provided in section 2(h)(3) of the Com-
modity Exchange Act may perform a price discovery 
function. 
(c) SIGNIFICANT PRICE DISCOVERY DETERMINA-
TIONS.—With respect to any electronic trading facility op-
erating on the effective date of the final rule issued pursu-
ant to subsection (b)(1), the Commission shall complete 
a review of the agreements, contracts, and transactions 
of the facility not later than 180 days after that effective 
date to determine whether any such agreement, contract, 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01478
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1479 
HR 6124 PCS
or transaction performs a significant price discovery func-
tion. 
TITLE XIV—MISCELLANEOUS 
Subtitle A—Socially Disadvantaged 
Producers 
and 
Limited 
Re-
source Producers 
SEC. 14001. IMPROVED PROGRAM DELIVERY BY DEPART-
MENT OF AGRICULTURE ON INDIAN RES-
ERVATIONS. 
Section 2501(g)(1) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 2279(g)(1)) 
is amended— 
(1) in the first sentence— 
(A) by striking ‘‘Agricultural Stabilization 
and Conservation Service, Soil Conservation 
Service, and Farmers Home Administration of-
fices’’ and inserting ‘‘Farm Service Agency and 
Natural Resources Conservation Service’’; and 
(B) by inserting ‘‘where there has been a 
need demonstrated’’ after ‘‘include’’; and 
(2) by striking the second sentence. 
SEC. 14002. FORECLOSURE. 
(a) IN GENERAL.—Section 331A of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1981a) is 
amended: 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01479
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1480 
HR 6124 PCS
(1) by inserting ‘‘(a)’’ after ‘‘SEC. 331A.’’; and 
(2) by adding at the end the following: 
‘‘(b) MORATORIUM.— 
‘‘(1) IN GENERAL.—Subject to the other provi-
sions of this subsection, effective beginning on the 
date of the enactment of this subsection, there shall 
be in effect a moratorium, with respect to farmer 
program loans made under subtitle A, B, or C, on 
all acceleration and foreclosure proceedings insti-
tuted by the Department of Agriculture against any 
farmer or rancher who— 
‘‘(A) has pending against the Department 
a claim of program discrimination that is ac-
cepted by the Department as valid; or 
‘‘(B) files a claim of program discrimina-
tion that is accepted by the Department as 
valid. 
‘‘(2) WAIVER OF INTEREST AND OFFSETS.— 
During the period of the moratorium, the Secretary 
shall waive the accrual of interest and offsets on all 
farmer program loans made under subtitle A, B, or 
C for which loan acceleration or foreclosure pro-
ceedings have been suspended under paragraph (1). 
‘‘(3) TERMINATION
OF
MORATORIUM.—The 
moratorium shall terminate with respect to a claim 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01480
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1481 
HR 6124 PCS
of discrimination by a farmer or rancher on the ear-
lier of— 
‘‘(A) the date the Secretary resolves the 
claim; or 
‘‘(B) if the farmer or rancher appeals the 
decision of the Secretary on the claim to a 
court of competent jurisdiction, the date that 
the court renders a final decision on the claim. 
‘‘(4) FAILURE
TO
PREVAIL.—If a farmer or 
rancher does not prevail on a claim of discrimination 
described in paragraph (1), the farmer or rancher 
shall be liable for any interest and offsets that ac-
crued during the period that loan acceleration or 
foreclosure proceedings have been suspended under 
paragraph (1).’’. 
(b) FORECLOSURE REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Inspector 
General of the Department of Agriculture (referred 
to in this subsection as the ‘‘Inspector General’’) 
shall determine whether decisions of the Department 
to implement foreclosure proceedings with respect to 
farmer program loans made under subtitle A, B, or 
C of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1922 et seq.) to socially disadvan-
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01481
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1482 
HR 6124 PCS
taged farmers or ranchers during the 5-year period 
preceding the date of the enactment of this Act were 
consistent and in conformity with the applicable laws 
(including regulations) governing loan foreclosures. 
(2) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Inspector 
General shall submit to the Committee on Agri-
culture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry 
of the Senate a report that describes the determina-
tion of the Inspector General under paragraph (1). 
SEC. 14003. RECEIPT FOR SERVICE OR DENIAL OF SERVICE 
FROM 
CERTAIN 
DEPARTMENT 
OF 
AGRI-
CULTURE AGENCIES. 
Section 2501A of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 2279–1) is amend-
ed by adding at the end the following new subsection: 
‘‘(e) RECEIPT FOR SERVICE OR DENIAL OF SERV-
ICE.—In any case in which a current or prospective pro-
ducer or landowner, in person or in writing, requests from 
the Farm Service Agency, the Natural Resources Con-
servation Service, or an agency of the Rural Development 
Mission Area any benefit or service offered by the Depart-
ment to agricultural producers or landowners and, at the 
time of the request, also requests a receipt, the Secretary 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01482
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1483 
HR 6124 PCS
shall issue, on the date of the request, a receipt to the 
producer or landowner that contains— 
‘‘(1) the date, place, and subject of the request; 
and 
‘‘(2) the action taken, not taken, or rec-
ommended to the producer or landowner.’’. 
SEC. 14004. OUTREACH AND TECHNICAL ASSISTANCE FOR 
SOCIALLY 
DISADVANTAGED 
FARMERS 
OR 
RANCHERS. 
(a) OUTREACH AND TECHNICAL ASSISTANCE PRO-
GRAM.— 
(1) PROGRAM REQUIREMENTS.—Paragraph (2) 
of section 2501(a) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 
2279(a)) is amended to read as follows: 
‘‘(2) REQUIREMENTS.—The outreach and tech-
nical assistance program under paragraph (1) shall 
be used exclusively— 
‘‘(A) to enhance coordination of the out-
reach, technical assistance, and education ef-
forts authorized under agriculture programs; 
and 
‘‘(B) to assist the Secretary in— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01483
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1484 
HR 6124 PCS
‘‘(i) reaching current and prospective 
socially disadvantaged farmers or ranchers 
in a linguistically appropriate manner; and 
‘‘(ii) improving the participation of 
those farmers and ranchers in Department 
programs, 
as 
reported 
under 
section 
2501A.’’. 
(2) GRANTS
AND
CONTRACTS
UNDER
PRO-
GRAM.—Section 2501(a)(3) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 
U.S.C. 2279(a)(3)) is amended— 
(A) in subparagraph (A), by striking ‘‘enti-
ty to provide information’’ and inserting ‘‘entity 
that has demonstrated an ability to carry out 
the requirements described in paragraph (2) to 
provide outreach’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(D) REPORT.—The Secretary shall sub-
mit to the Committee on Agriculture of the 
House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the 
Senate, and make publicly available, an annual 
report that includes a list of the following: 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01484
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1485 
HR 6124 PCS
‘‘(i) The recipients of funds made 
available under the program. 
‘‘(ii) The activities undertaken and 
services provided. 
‘‘(iii) The number of current and pro-
spective socially disadvantaged farmers or 
ranchers served and outcomes of such serv-
ice. 
‘‘(iv) The problems and barriers iden-
tified by entities in trying to increase par-
ticipation by current and prospective so-
cially disadvantaged farmers or ranchers.’’. 
(3) FUNDING
AND
LIMITATION
ON
USE
OF 
FUNDS.—Section 2501(a)(4) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 
U.S.C. 2279(a)(4)) is amended— 
(A) by striking subparagraph (A) and in-
serting the following new subparagraph: 
‘‘(A) IN GENERAL.—Of the funds of the 
Commodity Credit Corporation, the Secretary 
shall make available to carry out this section— 
‘‘(i) $15,000,000 for fiscal year 2009; 
and 
‘‘(ii) $20,000,000 for each of fiscal 
years 2010 through 2012.’’. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01485
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1486 
HR 6124 PCS
(B) by adding at the end the following new 
subparagraph: 
‘‘(C) LIMITATION ON USE OF FUNDS FOR 
ADMINISTRATIVE EXPENSES.—Not more than 5 
percent of the amounts made available under 
subparagraph (A) for a fiscal year may be used 
for expenses related to administering the pro-
gram under this section.’’. 
(b) 
ELIGIBLE
ENTITY
DEFINED.—Section 
2501(e)(5)(A)(ii) of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279(e)(5)(A)(ii)) is 
amended by striking ‘‘work with socially disadvantaged 
farmers or ranchers during the 2-year period’’ and insert-
ing ‘‘work with, and on behalf of, socially disadvantaged 
farmers or ranchers during the 3-year period’’. 
SEC. 14005. ACCURATE DOCUMENTATION IN THE CENSUS 
OF AGRICULTURE AND CERTAIN STUDIES. 
Section 2501 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279) is amended by 
adding at the end the following: 
‘‘(h) ACCURATE DOCUMENTATION.—The Secretary 
shall ensure, to the maximum extent practicable, that the 
Census of Agriculture and studies carried out by the Eco-
nomic Research Service accurately document the number, 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01486
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1487 
HR 6124 PCS
location, and economic contributions of socially disadvan-
taged farmers or ranchers in agricultural production.’’. 
SEC. 14006. TRANSPARENCY AND ACCOUNTABILITY FOR SO-
CIALLY 
DISADVANTAGED 
FARMERS 
OR 
RANCHERS. 
Section 2501A of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 2279–1) is amend-
ed by striking subsection (c) and inserting the following 
new subsections: 
‘‘(c) COMPILATION
OF PROGRAM PARTICIPATION 
DATA.— 
‘‘(1) ANNUAL REQUIREMENT.—For each county 
and State in the United States, the Secretary of Ag-
riculture (referred to in this section as the ‘Sec-
retary’) shall annually compile program application 
and participation rate data regarding socially dis-
advantaged farmers or ranchers by computing for 
each program of the Department of Agriculture that 
serves agricultural producers and landowners— 
‘‘(A) raw numbers of applicants and par-
ticipants by race, ethnicity, and gender, subject 
to appropriate privacy protections, as deter-
mined by the Secretary; and 
‘‘(B) the application and participation rate, 
by race, ethnicity, and gender, as a percentage 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01487
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1488 
HR 6124 PCS
of the total participation rate of all agricultural 
producers and landowners. 
‘‘(2) AUTHORITY
TO
COLLECT
DATA.—The 
heads of the agencies of the Department of Agri-
culture shall collect and transmit to the Secretary 
any data, including data on race, gender, and eth-
nicity, that the Secretary determines to be necessary 
to carry out paragraph (1). 
‘‘(3) REPORT.—Using the technologies and sys-
tems of the National Agricultural Statistics Service, 
the Secretary shall compile and present the data 
compiled under paragraph (1) for each program de-
scribed in that paragraph in a manner that includes 
the raw numbers and participation rates for— 
‘‘(A) the entire United States; 
‘‘(B) each State; and 
‘‘(C) each county in each State. 
‘‘(4) PUBLIC AVAILABILITY OF REPORT.—The 
Secretary shall maintain and make readily available 
to the public, via website and otherwise in electronic 
and paper form, the report described in paragraph 
(3). 
‘‘(d) LIMITATIONS ON USE OF DATA.— 
‘‘(1) PRIVACY PROTECTIONS.—In carrying out 
this section, the Secretary shall not disclose the 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01488
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1489 
HR 6124 PCS
names or individual data of any program partici-
pant. 
‘‘(2) AUTHORIZED USES.—The data under this 
section shall be used exclusively for the purposes de-
scribed in subsection (a). 
‘‘(3) LIMITATION.—Except as otherwise pro-
vided, the data under this section shall not be used 
for the evaluation of individual applications for as-
sistance.’’. 
SEC. 14007. OVERSIGHT AND COMPLIANCE. 
The Secretary, acting through the Assistant Sec-
retary for Civil Rights of the Department of Agriculture, 
shall use the reports described in subsection (c) of section 
2501A of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (7 U.S.C. 2279–1), as amended by section 
14006, in the conduct of oversight and evaluation of civil 
rights compliance. 
SEC. 14008. MINORITY FARMER ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 18 months 
after the date of the enactment of this Act, the Secretary 
of Agriculture shall establish an advisory committee, to 
be known as the ‘‘Advisory Committee on Minority Farm-
ers’’ (in this section referred to as the ‘‘Committee’’). 
(b) DUTIES.—The Committee shall provide advice to 
the Secretary on— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01489
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1490 
HR 6124 PCS
(1) the implementation of section 2501 of the 
Food, Agriculture, Conservation, and Trade Act of 
1990 (7 U.S.C. 2279); 
(2) methods of maximizing the participation of 
minority farmers and ranchers in Department of Ag-
riculture programs; and 
(3) civil rights activities within the Department 
as such activities relate to participants in such pro-
grams. 
(c) MEMBERSHIP.— 
(1) IN
GENERAL.—The Committee shall be 
composed of not more than 15 members, who shall 
be appointed by the Secretary, and shall include— 
(A) not less than four socially disadvan-
taged farmers or ranchers (as defined in section 
2501(e)(2) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 
2279(e)(2))); 
(B) not less than two representatives of 
nonprofit organizations with a history of work-
ing with minority farmers and ranchers; 
(C) not less than two civil rights profes-
sionals; 
(D) not less than two representatives of in-
stitutions of higher education with dem-
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01490
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1491 
HR 6124 PCS
onstrated experience working with minority 
farmers and ranchers; and 
(E) such other persons as the Secretary 
considers appropriate. 
(2) EX-OFFICIO MEMBERS.—The Secretary may 
appoint such employees of the Department of Agri-
culture as the Secretary considers appropriate to 
serve as ex-officio members of the Committee. 
SEC. 14009. NATIONAL APPEALS DIVISION. 
Section 280 of the Department of Agriculture Reor-
ganization Act of 1994 (7 U.S.C. 7000) is amended— 
(1) by striking ‘‘On the return’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—On the return’’; and 
(2) by adding at the end the following: 
‘‘(b) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this subsection, 
and every 180 days thereafter, the head of each 
agency shall submit to the Committee on Agriculture 
of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Sen-
ate, and publish on the website of the Department, 
a report that includes— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01491
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1492 
HR 6124 PCS
‘‘(A) a description of all cases returned to 
the agency during the period covered by the re-
port pursuant to a final determination of the 
Division; 
‘‘(B) the status of implementation of each 
final determination; and 
‘‘(C) if the final determination has not 
been implemented— 
‘‘(i) the reason that the final deter-
mination has not been implemented; and 
‘‘(ii) the projected date of implemen-
tation of the final determination. 
‘‘(2) UPDATES.—Each month, the head of each 
agency shall publish on the website of the Depart-
ment any updates to the reports submitted under 
paragraph (1).’’. 
SEC. 14010. REPORT OF CIVIL RIGHTS COMPLAINTS, RESO-
LUTIONS, AND ACTIONS. 
Each year, the Secretary shall— 
(1) prepare a report that describes, for each 
agency of the Department of Agriculture— 
(A) the number of civil rights complaints 
filed that relate to the agency, including wheth-
er a complaint is a program complaint or an 
employment complaint; 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01492
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1493 
HR 6124 PCS
(B) the length of time the agency took to 
process each civil rights complaint; 
(C) the number of proceedings brought 
against the agency, including the number of 
complaints described in paragraph (1) that were 
resolved with a finding of discrimination; and 
(D) the number and type of personnel ac-
tions taken by the agency following resolution 
of civil rights complaints; 
(2) submit to the Committee on Agriculture of 
the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a 
copy of the report; and 
(3) make the report available to the public by 
posting the report on the website of the Department. 
SEC. 14011. SENSE OF CONGRESS RELATING TO CLAIMS 
BROUGHT 
BY 
SOCIALLY 
DISADVANTAGED 
FARMERS OR RANCHERS. 
It is the sense of Congress that all pending claims 
and class actions brought against the Department of Agri-
culture by socially disadvantaged farmers or ranchers (as 
defined in section 355(e) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2003(e)), including Na-
tive American, Hispanic, and female farmers or ranchers, 
based on racial, ethnic, or gender discrimination in farm 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01493
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1494 
HR 6124 PCS
program participation should be resolved in an expeditious 
and just manner. 
SEC. 14012. DETERMINATION ON MERITS OF PIGFORD 
CLAIMS. 
(a) DEFINITIONS.—In this section: 
(1) CONSENT DECREE.—The term ‘‘consent de-
cree’’ means the consent decree in the case of 
Pigford v. Glickman, approved by the United States 
District Court for the District of Columbia on April 
14, 1999. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Agriculture. 
(3) PIGFORD
CLAIM.—The term ‘‘Pigford 
claim’’ means a discrimination complaint, as defined 
by section 1(h) of the consent decree and docu-
mented under section 5(b) of the consent decree. 
(4) PIGFORD CLAIMANT.—The term ‘‘Pigford 
claimant’’ means an individual who previously sub-
mitted a late-filing request under section 5(g) of the 
consent decree. 
(b) DETERMINATION
ON
MERITS.—Any Pigford 
claimant who has not previously obtained a determination 
on the merits of a Pigford claim may, in a civil action 
brought in the United States District Court for the Dis-
trict of Columbia, obtain that determination. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01494
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1495 
HR 6124 PCS
(c) LIMITATION.— 
(1) IN GENERAL.—Subject to paragraph (2), all 
payments or debt relief (including any limitation on 
foreclosure under subsection (h)) shall be made ex-
clusively from funds made available under subsection 
(i). 
(2) MAXIMUM AMOUNT.—The total amount of 
payments and debt relief pursuant to actions com-
menced under subsection (b) shall not exceed 
$100,000,000. 
(d) INTENT OF CONGRESS AS TO REMEDIAL NATURE 
OF SECTION.—It is the intent of Congress that this sec-
tion be liberally construed so as to effectuate its remedial 
purpose of giving a full determination on the merits for 
each Pigford claim previously denied that determination. 
(e) LOAN DATA.— 
(1) REPORT
TO
PERSON
SUBMITTING
PETI-
TION.— 
(A) IN
GENERAL.—Not later than 120 
days after the Secretary receives notice of a 
complaint filed by a claimant under subsection 
(b), the Secretary shall provide to the claimant 
a report on farm credit loans and noncredit 
benefits, as appropriate, made within the claim-
ant’s county (or if no documents are found, 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01495
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1496 
HR 6124 PCS
within an adjacent county as determined by the 
claimant), by the Department during the period 
beginning on January 1 of the year preceding 
the period covered by the complaint and ending 
on December 31 of the year following the pe-
riod. 
(B) REQUIREMENTS.—A report under sub-
paragraph (A) shall contain information on all 
persons whose application for a loan or benefit 
was accepted, including— 
(i) the race of the applicant; 
(ii) the date of application; 
(iii) the date of the loan or benefit de-
cision, as appropriate; 
(iv) the location of the office making 
the loan or benefit decision, as appropriate; 
(v) all data relevant to the decision-
making process for the loan or benefit, as 
appropriate; and 
(vi) all data relevant to the servicing 
of the loan or benefit, as appropriate. 
(2) NO PERSONALLY IDENTIFIABLE INFORMA-
TION.—The reports provided pursuant to paragraph 
(1) shall not contain any information that would 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01496
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1497 
HR 6124 PCS
identify any person who applied for a loan from the 
Department. 
(3) REPORTING DEADLINE.— 
(A) IN GENERAL.—The Secretary shall— 
(i) provide to claimants the reports re-
quired under paragraph (1) as quickly as 
practicable after the Secretary receives no-
tice of a complaint filed by a claimant 
under subsection (b); and 
(ii) devote such resources of the De-
partment as are necessary to make pro-
viding the reports expeditiously a high pri-
ority of the Department. 
(B) EXTENSION.—A court may extend the 
deadline for providing the report required in a 
particular case under paragraph (1) if the Sec-
retary establishes that meeting the deadline is 
not feasible and demonstrates a continuing ef-
fort and commitment to provide the required re-
port expeditiously. 
(f) EXPEDITED RESOLUTIONS AUTHORIZED.— 
(1) IN
GENERAL.—Any person filing a com-
plaint under this section for discrimination in the 
application for, or making or servicing of, a farm 
loan, at the discretion of the person, may seek liq-
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01497
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1498 
HR 6124 PCS
uidated damages of $50,000, discharge of the debt 
that was incurred under, or affected by, the 1 or 
more programs that were the subject of the 1 or 
more discrimination claims that are the subject of 
the person’s complaint, and a tax payment in the 
amount equal to 25 percent of the liquidated dam-
ages and loan principal discharged, in which case— 
(A) if only such damages, debt discharge, 
and tax payment are sought, the complainant 
shall be able to prove the case of the complain-
ant by substantial evidence (as defined in sec-
tion 1(l) of the consent decree); and 
(B) the court shall decide the case based 
on a review of documents submitted by the 
complainant and defendant relevant to the 
issues of liability and damages. 
(2) NONCREDIT CLAIMS.— 
(A) STANDARD.—In any case in which a 
claimant asserts a noncredit claim under a ben-
efit program of the Department, the court shall 
determine the merits of the claim in accordance 
with section 9(b)(i) of the consent decree. 
(B) RELIEF.—A claimant who prevails on 
a claim of discrimination involving a noncredit 
benefit program of the Department shall be en-
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01498
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1499 
HR 6124 PCS
titled to a payment by the Department in a 
total amount of $3,000, without regard to the 
number of such claims on which the claimant 
prevails. 
(g) ACTUAL DAMAGES.—A claimant who files a claim 
under this section for discrimination under subsection (b) 
but not under subsection (f) and who prevails on the claim 
shall be entitled to actual damages sustained by the claim-
ant. 
(h) 
LIMITATION
ON
FORECLOSURES.—Notwith-
standing any other provision of law, during the pendency 
of a Pigford claim, the Secretary may not begin accelera-
tion on or foreclosure of a loan if— 
(1) the borrower is a Pigford claimant; and 
(2) makes a prima facie case in an appropriate 
administrative proceeding that the acceleration or 
foreclosure is related to a Pigford claim. 
(i) FUNDING.— 
(1) IN GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall make 
available for payments and debt relief in satisfaction 
of claims against the United States under subsection 
(b) and for any actions under subsection (g) 
$100,000,000 for fiscal year 2008, to remain avail-
able until expended. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01499
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1500 
HR 6124 PCS
(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to funds made available under paragraph 
(1), there are authorized to be appropriated such 
sums as are necessary to carry out this section. 
(j) REPORTING REQUIREMENTS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act and every 
180 days thereafter until the funds made available 
under subsection (i) are depleted, the Secretary shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate a report that describes the 
status of available funds under subsection (i) and 
the number of pending claims under subsection (f). 
(2) DEPLETION OF FUNDS REPORT.—In addi-
tion to the reports required under paragraph (1), the 
Secretary shall submit to the Committee on the Ju-
diciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a report 
that notifies the Committees when 75 percent of the 
funds made available under subsection (i)(1) have 
been depleted. 
(k) TERMINATION OF AUTHORITY.—The authority to 
file a claim under this section terminates 2 years after 
the date of the enactment of this Act. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01500
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1501 
HR 6124 PCS
SEC. 14013. OFFICE OF ADVOCACY AND OUTREACH. 
(a) IN GENERAL.—The Department of Agriculture 
Reorganization Act of 1994 is amended by inserting after 
section 226A (7 U.S.C. 6933) the following: 
‘‘SEC. 226B. OFFICE OF ADVOCACY AND OUTREACH. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BEGINNING FARMER OR RANCHER.—The 
term ‘beginning farmer or rancher’ has the meaning 
given the term in section 343(a) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 
1991(a)). 
‘‘(2) OFFICE.—The term ‘Office’ means the Of-
fice of Advocacy and Outreach established under this 
section. 
‘‘(3) SOCIALLY
DISADVANTAGED
FARMER
OR 
RANCHER.—The term ‘socially disadvantaged farmer 
or rancher’ has the meaning given the term in sec-
tion 2501(e) of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279(e)). 
‘‘(b) ESTABLISHMENT AND PURPOSE.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish within the executive operations of the Depart-
ment an office to be known as the ‘Office of Advo-
cacy and Outreach’— 
‘‘(A) to improve access to programs of the 
Department; and 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01501
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1502 
HR 6124 PCS
‘‘(B) to improve the viability and profit-
ability of— 
‘‘(i) small farms and ranches; 
‘‘(ii) beginning farmers or ranchers; 
and 
‘‘(iii) socially disadvantaged farmers 
or ranchers. 
‘‘(2) DIRECTOR.—The Office shall be headed by 
a Director, to be appointed by the Secretary from 
among the competitive service. 
‘‘(c) DUTIES.—The duties of the Office shall be to 
ensure small farms and ranches, beginning farmers or 
ranchers, and socially disadvantaged farmers or ranchers 
access to, and equitable participation in, programs and 
services of the Department by— 
‘‘(1) establishing and monitoring the goals and 
objectives of the Department to increase participa-
tion in programs of the Department by small, begin-
ning, or socially disadvantaged farmers or ranchers; 
‘‘(2) assessing the effectiveness of Department 
outreach programs; 
‘‘(3) developing and implementing a plan to co-
ordinate outreach activities and services provided by 
the Department; 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01502
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1503 
HR 6124 PCS
‘‘(4) providing input to the agencies and offices 
on programmatic and policy decisions; 
‘‘(5) measuring outcomes of the programs and 
activities of the Department on small farms and 
ranches, beginning farmers or ranchers, and socially 
disadvantaged farmers or ranchers programs; 
‘‘(6) recommending new initiatives and pro-
grams to the Secretary; and 
‘‘(7) carrying out any other related duties that 
the Secretary determines to be appropriate. 
‘‘(d) 
SOCIALLY
DISADVANTAGED
FARMERS 
GROUP.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish within the Office the Socially Disadvantaged 
Farmers Group. 
‘‘(2) OUTREACH
AND
ASSISTANCE.—The So-
cially Disadvantaged Farmers Group— 
‘‘(A) shall carry out section 2501 of the 
Food, Agriculture, Conservation, and Trade Act 
of 1990 (7 U.S.C. 2279); and 
‘‘(B) in the case of activities described in 
section 2501(a) of that Act, may conduct such 
activities through other agencies and offices of 
the Department. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01503
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1504 
HR 6124 PCS
‘‘(3) SOCIALLY DISADVANTAGED FARMERS AND 
FARMWORKERS.—The Socially Disadvantaged Farm-
ers Group shall oversee the operations of— 
‘‘(A) the Advisory Committee on Minority 
Farmers established under section 14009 of the 
Food, Conservation, and Energy Act of 2008; 
and 
‘‘(B) the position of Farmworker Coordi-
nator established under subsection (f). 
‘‘(4) OTHER DUTIES.— 
‘‘(A) IN
GENERAL.—The Socially Dis-
advantaged Farmers Group may carry out 
other duties to improve access to, and participa-
tion in, programs of the Department by socially 
disadvantaged farmers or ranchers, as deter-
mined by the Secretary. 
‘‘(B) OFFICE OF OUTREACH AND DIVER-
SITY.—The Office of Advocacy and Outreach 
shall carry out the functions and duties of the 
Office of Outreach and Diversity carried out by 
the Assistant Secretary for Civil Rights as such 
functions and duties existed immediately before 
the date of the enactment of this section. 
‘‘(e) SMALL FARMS AND BEGINNING FARMERS AND 
RANCHERS GROUP.— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01504
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1505 
HR 6124 PCS
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish within the Office the Small Farms and Be-
ginning Farmers and Ranchers Group. 
‘‘(2) DUTIES.— 
‘‘(A) 
OVERSEE
OFFICES.—The 
Small 
Farms and Beginning Farmers and Ranchers 
Group shall oversee the operations of the Office 
of Small Farms Coordination established by 
Departmental Regulation 9700-1 (August 3, 
2006). 
‘‘(B) BEGINNING FARMER AND RANCHER 
DEVELOPMENT
PROGRAM.—The Small Farms 
and Beginning Farmers and Ranchers Group 
shall consult with the National Institute for 
Food and Agriculture on the administration of 
the beginning farmer and rancher development 
program established under section 7405 of the 
Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 3319f). 
‘‘(C) ADVISORY
COMMITTEE
FOR
BEGIN-
NING
FARMERS
AND
RANCHERS.—The Small 
Farms and Beginning Farmers and Ranchers 
Group shall coordinate the activities of the 
Group with the Advisory Committee for Begin-
ning Farmers and Ranchers established under 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01505
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1506 
HR 6124 PCS
section 5(b) of the Agricultural Credit Improve-
ment Act of 1992 (7 U.S.C. 1621 note; Public 
Law 102–554). 
‘‘(D) OTHER DUTIES.—The Small Farms 
and Beginning Farmers and Ranchers Group 
may carry out other duties to improve access 
to, and participation in, programs of the De-
partment by small farms and ranches and be-
ginning farmers or ranchers, as determined by 
the Secretary. 
‘‘(f) FARMWORKER COORDINATOR.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish within the Office the position of Farmworker 
Coordinator (referred to in this subsection as the 
‘Coordinator’). 
‘‘(2) DUTIES.—The Secretary shall delegate to 
the Coordinator responsibility for the following: 
‘‘(A) Assisting in administering the pro-
gram established by section 2281 of the Food, 
Agriculture, Conservation, and Trade Act of 
1990 (42 U.S.C. 5177a). 
‘‘(B) Serving as a liaison to community- 
based nonprofit organizations that represent 
and have demonstrated experience serving low- 
income migrant and seasonal farmworkers. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01506
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1507 
HR 6124 PCS
‘‘(C) Coordinating with the Department, 
other Federal agencies, and State and local gov-
ernments to ensure that farmworker needs are 
assessed and met during declared disasters and 
other emergencies. 
‘‘(D) Consulting within the Office and with 
other entities to better integrate farmworker 
perspectives, concerns, and interests into the 
ongoing programs of the Department. 
‘‘(E) Consulting with appropriate institu-
tions on research, program improvements, or 
agricultural education opportunities that assist 
low-income and migrant seasonal farmworkers. 
‘‘(F) Assisting farmworkers in becoming 
agricultural producers or landowners. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary to carry out this subsection for 
each of fiscal years 2009 through 2012.’’. 
(b) CONFORMING AMENDMENT.—Section 296(b) of 
the Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 7014(b)), as amended by section 7511(b), 
is further amended— 
(1) in paragraph (5), by striking ‘‘; or’’ and in-
serting ‘‘;’’; 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01507
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1508 
HR 6124 PCS
(2) in paragraph (6), by striking the period and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(7) the authority of the Secretary to establish 
in the Department the Office of Advocacy and Out-
reach in accordance with section 226B.’’. 
Subtitle B—Agricultural Security 
SEC. 14101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Agricultural Secu-
rity Improvement Act of 2008’’. 
SEC. 14102. DEFINITIONS. 
In this subtitle: 
(1) AGENT.—The term ‘‘agent’’ means a nu-
clear, biological, chemical, or radiological substance 
that causes agricultural disease or the adulteration 
of products regulated by the Secretary of Agri-
culture under any provision of law. 
(2) AGRICULTURAL
BIOSECURITY.—The term 
‘‘agricultural biosecurity’’ means protection from an 
agent that poses a threat to— 
(A) plant or animal health; 
(B) public health as it relates to the adul-
teration of products regulated by the Secretary 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01508
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1509 
HR 6124 PCS
of Agriculture under any provision of law that 
is caused by exposure to an agent; or 
(C) the environment as it relates to agri-
culture facilities, farmland, and air and water 
within the immediate vicinity of an area associ-
ated with an agricultural disease or outbreak. 
(3) AGRICULTURAL
COUNTERMEASURE.—The 
term ‘‘agricultural countermeasure’’— 
(A) means a product, practice, or tech-
nology that is intended to enhance or maintain 
the agricultural biosecurity of the United 
States; and 
(B) does not include a product, practice, or 
technology used solely in response to a human 
medical incident or public health emergency not 
related to agriculture. 
(4) AGRICULTURAL DISEASE.—The term ‘‘agri-
cultural disease’’ has the meaning given the term by 
the Secretary. 
(5) AGRICULTURAL
DISEASE
EMERGENCY.— 
The term ‘‘agricultural disease emergency’’ means 
an incident of agricultural disease that requires 
prompt action to prevent significant damage to peo-
ple, plants, or animals. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01509
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1510 
HR 6124 PCS
(6) 
AGROTERRORIST
ACT.—The 
term 
‘‘agroterrorist act’’ means an act that— 
(A) causes or attempts to cause— 
(i) damage to agriculture; or 
(ii) injury to a person associated with 
agriculture; and 
(B) is committed or appears to be com-
mitted with the intent to— 
(i) intimidate or coerce a civilian pop-
ulation; or 
(ii) disrupt the agricultural industry 
in order to influence the policy of a govern-
ment by intimidation or coercion. 
(7) ANIMAL.—The term ‘‘animal’’ has the 
meaning given the term in section 10403 of the Ani-
mal Health Protection Act of 2002 (7 U.S.C. 8302). 
(8) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Agriculture. 
(9) DEVELOPMENT.—The term ‘‘development’’ 
means— 
(A) research leading to the identification of 
products or technologies intended for use as ag-
ricultural countermeasures to protect animal 
health; 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01510
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1511 
HR 6124 PCS
(B) the formulation, production, and sub-
sequent modification of those products or tech-
nologies; 
(C) the conduct of in vitro and in vivo 
studies; 
(D) the conduct of field, efficacy, and safe-
ty studies; 
(E) the preparation of an application for 
marketing approval for submission to an appli-
cable agency; or 
(F) other actions taken by an applicable 
agency in a case in which an agricultural coun-
termeasure is procured or used prior to 
issuance of a license or other form of Federal 
Government approval. 
(10) PLANT.—The term ‘‘plant’’ has the mean-
ing given the term in section 411 of the Plant Pro-
tection Act of 2000 (7 U.S.C. 7702). 
(11) QUALIFIED
AGRICULTURAL
COUNTER-
MEASURE.—The term ‘‘qualified agricultural coun-
termeasure’’ means an agricultural countermeasure 
that the Secretary, in consultation with the Sec-
retary of Homeland Security, determines to be a pri-
ority in order to address an agricultural biosecurity 
threat. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01511
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1512 
HR 6124 PCS
CHAPTER 1—AGRICULTURAL SECURITY 
SEC. 14111. OFFICE OF HOMELAND SECURITY. 
(a) ESTABLISHMENT.—There is established within 
the Department the Office of Homeland Security (in this 
section referred to as the ‘‘Office’’). 
(b) DIRECTOR.—The Office shall be headed by a Di-
rector of Homeland Security, who shall be appointed by 
the Secretary. 
(c) RESPONSIBILITIES.—The Director of Homeland 
Security shall— 
(1) coordinate all homeland security activities of 
the Department, including integration and coordina-
tion of interagency emergency response plans for— 
(A) agricultural disease emergencies; 
(B) agroterrorist acts; and 
(C) other threats to agricultural biosecu-
rity; 
(2) act as the primary liaison on behalf of the 
Department with other Federal departments and 
agencies on the coordination of efforts and inter-
agency activities pertaining to agricultural biosecu-
rity; and 
(3) advise the Secretary on policies, regulations, 
processes, budget, and actions pertaining to home-
land security. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01512
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1513 
HR 6124 PCS
SEC. 14112. AGRICULTURAL BIOSECURITY COMMUNICA-
TION CENTER. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a communication center within the Department to— 
(1) collect and disseminate information and pre-
pare 
for 
an 
agricultural 
disease 
emergency, 
agroterrorist act, or other threat to agricultural bio-
security; and 
(2) coordinate activities described in paragraph 
(1) among agencies and offices within the Depart-
ment. 
(b) RELATION TO EXISTING DHS COMMUNICATION 
SYSTEMS.— 
(1) CONSISTENCY
AND
COORDINATION.—The 
communication center established under subsection 
(a) shall, to the maximum extent practicable, share 
and coordinate the dissemination of timely informa-
tion with the Department of Homeland Security and 
other communication systems of appropriate Federal 
departments and agencies. 
(2) AVOIDING REDUNDANCIES.—Paragraph (1) 
shall not be construed to impede, conflict with, or 
duplicate the communications activities performed by 
the Secretary of Homeland Security under any pro-
vision of law. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01513
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1514 
HR 6124 PCS
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section for each of fiscal years 
2008 through 2012. 
SEC. 14113. ASSISTANCE TO BUILD LOCAL CAPACITY IN AG-
RICULTURAL BIOSECURITY PLANNING, PRE-
PAREDNESS, AND RESPONSE. 
(a) ADVANCED TRAINING PROGRAMS.— 
(1) GRANT ASSISTANCE.—The Secretary shall 
establish a competitive grant program to support the 
development and expansion of advanced training 
programs in agricultural biosecurity planning and 
response for food science professionals and veteri-
narians. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to carry out 
this subsection for each of fiscal years 2008 through 
2012. 
(b) ASSESSMENT OF RESPONSE CAPABILITY.— 
(1) GRANT AND LOAN ASSISTANCE.—The Sec-
retary shall establish a competitive grant and low-in-
terest loan assistance program to assist States in as-
sessing agricultural disease response capability. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01514
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1515 
HR 6124 PCS
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $25,000,000 for each of fiscal years 
2008 through 2012. 
CHAPTER 2—OTHER PROVISIONS 
SEC. 14121. RESEARCH AND DEVELOPMENT OF AGRICUL-
TURAL COUNTERMEASURES. 
(a) GRANT PROGRAM.— 
(1) COMPETITIVE GRANT PROGRAM.—The Sec-
retary shall establish a competitive grant program to 
encourage basic and applied research and the devel-
opment of qualified agricultural countermeasures. 
(2) WAIVER IN EMERGENCIES.—The Secretary 
may waive the requirement under paragraph (1) 
that a grant be provided on a competitive basis if— 
(A) the Secretary has declared a plant or 
animal disease emergency under the Plant Pro-
tection Act (7 U.S.C. 7701 et seq.) or the Ani-
mal Health Protection Act (7 U.S.C. 8301 et 
seq.); and 
(B) waiving the requirement would lead to 
the rapid development of a qualified agricul-
tural countermeasure, as determined by the 
Secretary. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01515
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1516 
HR 6124 PCS
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$50,000,000 for each of fiscal years 2008 through 2012. 
SEC. 14122. AGRICULTURAL BIOSECURITY GRANT PRO-
GRAM. 
(a) COMPETITIVE GRANT PROGRAM.—The Secretary 
shall establish a competitive grant program to promote the 
development of teaching programs in agriculture, veteri-
nary medicine, and disciplines closely allied to the food 
and agriculture system to increase the number of trained 
individuals with an expertise in agricultural biosecurity. 
(b) ELIGIBILITY.—The Secretary may award a grant 
under this section only to an entity that is— 
(1) an accredited school of veterinary medicine; 
or 
(2) a department of an institution of higher 
education with a primary focus on— 
(A) comparative medicine; 
(B) veterinary science; or 
(C) agricultural biosecurity. 
(c) PREFERENCE.—The Secretary shall give pref-
erence in awarding grants based on the ability of an appli-
cant— 
(1) to increase the number of veterinarians or 
individuals with advanced degrees in food and agri-
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01516
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1517 
HR 6124 PCS
culture disciplines who are trained in agricultural 
biosecurity practice areas; 
(2) to increase research capacity in areas of ag-
ricultural biosecurity; or 
(3) to fill critical agricultural biosecurity short-
age situations outside of the Federal Government. 
(d) USE OF FUNDS..— 
(1) IN GENERAL.—Amounts received under this 
section shall be used by a grantee to pay— 
(A) costs associated with the acquisition of 
equipment and other capital costs relating to 
the expansion of food, agriculture, and veteri-
nary medicine teaching programs in agricultural 
biosecurity; 
(B) capital costs associated with the ex-
pansion of academic programs that offer post-
graduate training for veterinarians or concur-
rent training for veterinary students in specific 
areas of specialization; or 
(C) other capacity and infrastructure pro-
gram costs that the Secretary considers appro-
priate. 
(2) LIMITATION.—Funds received under this 
section may not be used for the construction, ren-
ovation, or rehabilitation of a building or facility. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01517
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1518 
HR 6124 PCS
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated sums as are necessary 
to carry out this section for each of fiscal years 2008 
through 2012, to remain available until expended. 
Subtitle C—Other Miscellaneous 
Provisions 
SEC. 14201. COTTON CLASSIFICATION SERVICES. 
Section 3a of the Act of March 3, 1927 (7 U.S.C. 
473a), is amended to read as follows: 
‘‘SEC. 3a. COTTON CLASSIFICATION SERVICES. 
‘‘(a) IN GENERAL.—The Secretary of Agriculture 
(referred to in this section as the ‘Secretary’) shall— 
‘‘(1) make cotton classification services avail-
able to producers of cotton; and 
‘‘(2) provide for the collection of classification 
fees from participating producers or agents that vol-
untarily agree to collect and remit the fees on behalf 
of producers. 
‘‘(b) FEES.— 
‘‘(1) USE
OF
FEES.—Classification fees col-
lected under subsection (a)(2) and the proceeds from 
the sales of samples submitted under this section 
shall, to the maximum extent practicable, be used to 
pay the cost of the services provided under this sec-
tion, including administrative and supervisory costs. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01518
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1519 
HR 6124 PCS
‘‘(2) ANNOUNCEMENT
OF
FEES.—The Sec-
retary shall announce a uniform classification fee 
and any applicable surcharge for classification serv-
ices not later than June 1 of the year in which the 
fee applies. 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—In establishing the amount 
of fees under this section, the Secretary shall consult 
with representatives of the United States cotton in-
dustry. 
‘‘(2) EXEMPTION.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to con-
sultations with representatives of the United States 
cotton industry under this section. 
‘‘(d) CREDITING OF FEES.—Any fees collected under 
this section and under section 3d, late payment penalties, 
the proceeds from the sales of samples, and interest 
earned from the investment of such funds shall— 
‘‘(1) be credited to the current appropriation 
account that incurs the cost of services provided 
under this section and section 3d; and 
‘‘(2) remain available without fiscal year limita-
tion to pay the expenses of the Secretary in pro-
viding those services. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01519
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1520 
HR 6124 PCS
‘‘(e) INVESTMENT OF FUNDS.—Funds described in 
subsection (d) may be invested— 
‘‘(1) by the Secretary in insured or fully 
collateralized, interest-bearing accounts; or 
‘‘(2) at the discretion of the Secretary, by the 
Secretary of the Treasury in United States Govern-
ment debt instruments. 
‘‘(f) LEASE
AGREEMENTS.—Notwithstanding any 
other provision of law, the Secretary may enter into long- 
term lease agreements that exceed 5 years or may take 
title to property (including through purchase agreements) 
for the purpose of obtaining offices to be used for the clas-
sification of cotton in accordance with this Act, if the Sec-
retary determines that action would best effectuate the 
purposes of this Act. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To the 
extent that financing is not available from fees and the 
proceeds from the sales of samples, there are authorized 
to be appropriated such sums as are necessary to carry 
out this section.’’. 
SEC. 14202. DESIGNATION OF STATES FOR COTTON RE-
SEARCH AND PROMOTION. 
Section 17(f) of the Cotton Research and Promotion 
Act (7 U.S.C. 2116(f)) is amended— 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01520
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1521 
HR 6124 PCS
(1) by striking ‘‘(f) The term’’ and inserting 
the following: 
‘‘(f) COTTON-PRODUCING STATE.— 
‘‘(1) IN GENERAL.—The term’’; 
(2) by striking ‘‘more, and the term’’ and all 
that follows through the end of the subsection and 
inserting the following: ‘‘more. 
‘‘(2) INCLUSIONS.—The term ‘cotton-producing 
State’ includes— 
‘‘(A) any combination of States described 
in paragraph (1); and 
‘‘(B) effective beginning with the 2008 
crop of cotton, the States of Kansas, Virginia, 
and Florida.’’. 
SEC. 
14203. 
GRANTS 
TO 
REDUCE 
PRODUCTION 
OF 
METHAMPHETAMINES 
FROM 
ANHYDROUS 
AMMONIA. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a producer of agricultural commod-
ities; 
(B) a cooperative association, a majority of 
the members of which produce or process agri-
cultural commodities; or 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01521
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1522 
HR 6124 PCS
(C) a person in the trade or business of— 
(i) selling an agricultural product (in-
cluding an agricultural chemical) at retail, 
predominantly to farmers and ranchers; or 
(ii) aerial and ground application of 
an agricultural chemical. 
(2) NURSE
TANK.—The term ‘‘nurse tank’’ 
shall be considered to be a cargo tank (within the 
meaning of section 173.315(m) of title 49, Code of 
Federal Regulations, as in effect as of the date of 
the enactment of this Act). 
(b) GRANT AUTHORITY.—The Secretary may make 
a grant to an eligible entity to enable the eligible entity 
to obtain and add to an anhydrous ammonia fertilizer 
nurse tank a physical lock or a substance to reduce the 
amount of methamphetamine that can be produced from 
any anhydrous ammonia removed from the nurse tank. 
(c) GRANT AMOUNT.—The amount of a grant made 
under this section to an eligible entity shall be the product 
obtained by multiplying— 
(1) an amount not less than $40 and not more 
than $60, as determined by the Secretary; and 
(2) the number of fertilizer nurse tanks of the 
eligible entity. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01522
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1523 
HR 6124 PCS
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to make 
grants under this section $15,000,000 for the period of 
fiscal years 2008 through 2012. 
SEC. 14204. GRANTS TO IMPROVE SUPPLY, STABILITY, 
SAFETY, AND TRAINING OF AGRICULTURAL 
LABOR FORCE. 
(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘‘eligible entity’’ means an entity described 
in section 379C(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2008q(a)). 
(b) GRANTS.— 
(1) IN GENERAL.—To assist agricultural em-
ployers and farmworkers by improving the supply, 
stability, safety, and training of the agricultural 
labor force, the Secretary may provide grants to eli-
gible entities for use in providing services to assist 
farmworkers who are citizens or otherwise legally 
present in the United States in securing, retaining, 
upgrading, or returning from agricultural jobs. 
(2) ELIGIBLE SERVICES.—The services referred 
to in paragraph (1) include— 
(A) agricultural labor skills development; 
(B) the provision of agricultural labor mar-
ket information; 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01523
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1524 
HR 6124 PCS
(C) transportation; 
(D) short-term housing while in transit to 
an agricultural worksite; 
(E) workplace literacy and assistance with 
English as a second language; 
(F) health and safety instruction, including 
ways of safeguarding the food supply of the 
United States; and 
(G) such other services as the Secretary 
determines to be appropriate. 
(c) LIMITATION ON ADMINISTRATIVE EXPENSES.— 
Not more than 15 percent of the funds made available 
to carry out this section for a fiscal year may be used 
to pay for administrative expenses. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section for each of fiscal years 
2008 through 2012. 
SEC. 14205. AMENDMENT TO THE RIGHT TO FINANCIAL PRI-
VACY ACT OF 1978. 
Section 1113(k) of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3413(k)) is amended— 
(1) by striking the subsection heading and in-
serting the following: 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01524
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1525 
HR 6124 PCS
‘‘(k) DISCLOSURE NECESSARY FOR PROPER ADMIN-
ISTRATION OF PROGRAMS OF CERTAIN GOVERNMENT AU-
THORITIES.—’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) Nothing in this title shall apply to the dis-
closure by the financial institution of information 
contained in the financial records of any customer to 
any Government authority that certifies, disburses, 
or collects payments, where the disclosure of such 
information is necessary to, and such information is 
used solely for the purpose of— 
‘‘(A) verification of the identity of any per-
son or proper routing and delivery of funds in 
connection with the issuance of a Federal pay-
ment or collection of funds by a Government 
authority; or 
‘‘(B) the investigation or recovery of an 
improper Federal payment or collection of 
funds or an improperly negotiated Treasury 
check. 
‘‘(3) Notwithstanding any other provision of 
law, a request authorized by paragraph (1) or (2) 
(and the information contained therein) may be used 
by the financial institution or its agents solely for 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01525
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1526 
HR 6124 PCS
the purpose of providing information contained in 
the financial records of the customer to the Govern-
ment authority requesting the information, and the 
financial institution and its agents shall be barred 
from redisclosure of such information. Any Govern-
ment authority receiving information pursuant to 
paragraph (1) or (2) may not disclose or use the in-
formation, except for the purposes set forth in such 
paragraph.’’. 
SEC. 14206. REPORT ON STORED QUANTITIES OF PROPANE. 
(a) REPORT.— 
(1) IN
GENERAL.—Not later than 240 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security (referred to in this sec-
tion as the ‘‘Secretary’’) shall submit to the Com-
mittee on Agriculture, Nutrition, and Forestry of 
the Senate and the Committee on Agriculture of the 
House of Representatives a report describing the ef-
fect of interim or final regulations issued by the Sec-
retary pursuant to section 550(a) of the Department 
of Homeland Security Appropriations Act, 2007 (6 
U.S.C. 121 note; Public Law 109–295), with respect 
to possession of quantities of propane that meet or 
exceed the screening threshold quantity for propane 
established in the final rule under that section. 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01526
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1527 
HR 6124 PCS
(2) INCLUSIONS.—The report under paragraph 
(1) shall include a description of— 
(A) the number of facilities that completed 
a top screen consequence assessment due to 
possession of quantities of propane that meet or 
exceed the listed screening threshold quantity 
for propane; 
(B) the number of agricultural facilities 
that completed the top screen consequence as-
sessment due to possession of quantities of pro-
pane that meet or exceed the listed screening 
threshold quantity for propane; 
(C) the number of propane facilities ini-
tially determined to be high risk by the Sec-
retary; 
(D) the number of propane facilities— 
(i) required to complete a security vul-
nerability assessment or a site security 
plan; or 
(ii) that submit to the Secretary an 
alternative security program; 
(E) the number of propane facilities that 
file an appeal of a finding under the final rule 
described in paragraph (1); and 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01527
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1528 
HR 6124 PCS
(F) to the extent available, the average 
cost of— 
(i) completing a top screen con-
sequence assessment requirement; 
(ii) completing a security vulnerability 
assessment; and 
(iii) completing and implementing a 
site security plan; and 
(3) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(b) EDUCATIONAL OUTREACH.—Not later than 30 
days after the date of the enactment of this Act, the Sec-
retary shall conduct educational outreach activities for 
rural facilities that may be required to complete a top 
screen consequence assessment due to possession of pro-
pane in a quantity that meets or exceeds the listed screen-
ing threshold quantity for propane. 
SEC. 14207. PROHIBITIONS ON DOG FIGHTING VENTURES. 
(a) IN GENERAL.—Section 26 of the Animal Welfare 
Act (7 U.S.C. 2156) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘, if any 
animal in the venture was moved in interstate 
or foreign commerce’’; and 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01528
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1529 
HR 6124 PCS
(B) in the heading of paragraph (2), by 
striking ‘‘STATE’’ and inserting ‘‘STATE’’; 
(2) in subsection (b)— 
(A) by striking ‘‘(b) It shall be’’ and in-
serting the following: 
‘‘(b) BUYING, SELLING, DELIVERING, POSSESSING, 
TRAINING, OR TRANSPORTING ANIMALS FOR PARTICIPA-
TION IN ANIMAL FIGHTING VENTURE.—It shall be’’; and 
(B) by striking ‘‘transport, deliver’’ and all 
that follows through ‘‘participate’’ and inserting 
‘‘possess, train, transport, deliver, or receive 
any animal for purposes of having the animal 
participate’’; 
(3) in subsection (c)— 
(A) by striking ‘‘(c) It shall be’’ and insert-
ing the following: 
‘‘(c) USE OF POSTAL SERVICE OR OTHER INTER-
STATE INSTRUMENTALITY
FOR PROMOTING
OR FUR-
THERING ANIMAL FIGHTING VENTURE.—It shall be’’; and 
(B) by inserting ‘‘advertising an animal, or 
an instrument described in subsection (e), for 
use in an animal fighting venture,’’ after ‘‘for 
purposes of’’; 
(4) in subsection (d), by striking ‘‘(d) Notwith-
standing’’ and inserting the following: 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01529
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1530 
HR 6124 PCS
‘‘(d) VIOLATION OF STATE LAW.—Notwithstanding’’; 
(5) in subsection (e), by striking ‘‘(e) It shall 
be’’ and inserting the following: 
‘‘(e) BUYING, SELLING, DELIVERING, OR TRANS-
PORTING SHARP INSTRUMENTS
FOR USE
IN ANIMAL 
FIGHTING VENTURE.—It shall be’’; 
(6) in subsection (f)— 
(A) by striking ‘‘(f) The Secretary’’ and in-
serting the following: 
‘‘(f) INVESTIGATION OF VIOLATIONS BY SECRETARY; 
ASSISTANCE BY OTHER FEDERAL AGENCIES; ISSUANCE 
OF SEARCH WARRANT; FORFEITURE; COSTS RECOVER-
ABLE
IN FORFEITURE
OR CIVIL ACTION.—The Sec-
retary’’; and 
(B) in the last sentence— 
(i) by striking ‘‘by the United States’’; 
(ii) by inserting ‘‘(1)’’ after ‘‘owner of 
the animals’’; and 
(iii) by striking ‘‘proceeding or in’’ 
and inserting ‘‘proceeding, or (2) in’’; 
(7) in subsection (g)— 
(A) by striking ‘‘(g) For purposes of’’ and 
inserting the following: 
‘‘(g) DEFINITIONS.—In’’; 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01530
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1531 
HR 6124 PCS
(B) in paragraph (1), by striking ‘‘any 
event’’ and all that follows through ‘‘entertain-
ment’’ and inserting ‘‘any event, in or affecting 
interstate or foreign commerce, that involves a 
fight conducted or to be conducted between at 
least 2 animals for purposes of sport, wagering, 
or entertainment,’’; 
(C) by striking paragraph (2); 
(D) in paragraph (5)— 
(i) by striking ‘‘dog or other’’; and 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(E) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (2) through (4), re-
spectively; 
(8) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; 
(9) in subsection (i) (as so redesignated), by 
striking ‘‘(i)(1) The provisions’’ and inserting the 
following: 
‘‘(i) CONFLICT WITH STATE LAW.— 
‘‘(1) IN GENERAL.—The provisions’’; 
(10) in subsection (j) (as so redesignated), by 
striking ‘‘(j) The criminal’’ and inserting the fol-
lowing: 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01531
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS
1555 
HR 6124 PCS
‘‘(4)(A) enhance the capacity of, and provide 
support for, local development districts in its region; 
or 
‘‘(B) if no local development district exists in 
an area in a participating State in the region, foster 
the creation of a local development district; 
‘‘(5) encourage private investment in industrial, 
commercial, 
and 
other 
economic 
development 
projects in its region; 
‘‘(6) cooperate with and assist State govern-
ments with the preparation of economic and infra-
structure development plans and programs for par-
ticipating States; 
‘‘(7) formulate and recommend to the Gov-
ernors and legislatures of States that participate in 
the Commission forms of interstate cooperation and, 
where appropriate, international cooperation; and 
‘‘(8) work with State and local agencies in de-
veloping appropriate model legislation to enhance 
local and regional economic development. 
‘‘§ 15304. Administrative powers and expenses 
‘‘(a) POWERS.—In carrying out its duties under this 
subtitle, a Commission may— 
‘‘(1) hold such hearings, sit and act at such 
times and places, take such testimony, receive such 
VerDate Aug 31 2005 
22:18 May 27, 2008
Jkt 069200
PO 00000
Frm 01555
Fmt 6652
Sfmt 6201
E:\BILLS\H6124.PCS
H6124
mstockstill on PROD1PC66 with BILLS