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HR 2401 IH
To provide for greater access and opportunities for socially disadvantaged farmers, to create incentives for research, conservation, and market viability, to provide a healthy and just work environment for agricultural workers, to provide Americans with healthier food choices, to address hunger and poverty in the United States, and for other purposes.
May 21, 2007
Mr. BACA (for himself, Mrs. NAPOLITANO, Mr. GUTIERREZ, Mr. SERRANO, Mr. GRIJALVA, Ms. SOLIS, Mr. REYES, Mr. ORTIZ, Ms. VELAZQUEZ, Mr. HINOJOSA, Mr. BECERRA, Mr. SIRES, Mr. FORTUN.AE6O, Mr. RODRIGUEZ, Mr. PASTOR, Mr. LINCOLN DIAZ-BALART of Florida, Mr. CUELLAR, Ms. ROYBAL-ALLARD, Mr. GONZALEZ, Mr. SALAZAR, and Ms. ROS-LEHTINEN) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To provide for greater access and opportunities for socially disadvantaged farmers, to create incentives for research, conservation, and market viability, to provide a healthy and just work environment for agricultural workers, to provide Americans with healthier food choices, to address hunger and poverty in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Nutrition and Opportunities for the Underserved and Rural Incentives to Secure the Heartland Act of 2007' or the `NOURISH Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
TITLE I--POLICY TO PROMOTE INVOLVEMENT OF SOCIALLY DISADVANTAGED FARMERS AND RANCHERS
Sec. 101. Establishment.
Sec. 102. Administration.
Sec. 103. Eligibility.
Sec. 104. Producer payment structure.
Sec. 105. Technical assistance.
Sec. 106. Duties of the Secretary.
TITLE II--REVIEW OF PENDING FORECLOSURES
Sec. 201. USDA Minority Producer Land Preservation Commission.
Sec. 202. Requirement that foreclosure notices include information about the Commission.
TITLE III--OUTREACH, TRANSPARENCY, AND ACCOUNTABILITY
Sec. 301. Outreach, transparency, and accountability.
Sec. 302. Improved data requirements.
Sec. 303. Expansion of support for Hispanic-serving institutions.
TITLE IV--FARM WORKER AND COMPETITIVENESS PROVISIONS
Subtitle A--Pesticides
Sec. 401. Pesticides.
Subtitle B--Office of Farmworker Coordination
Sec. 411. Office of Farmworker Coordination.
Subtitle C--Major Disaster Assistance Programs
Sec. 421. Emergency grants to assist low-income migrant and seasonal farmworkers.
Subtitle D--Agricultural Fair Practices
Sec. 431. Agricultural fair practices.
Sec. 432. Application.
TITLE V--CONSERVATION
Sec. 501. Conservation access initiative to encourage greater participation by socially disadvantaged farmers and ranchers in conservation programs.
Sec. 502. Other diversity provisions.
Sec. 503. Conservation reserve program.
Sec. 504. Reauthorization of and increased enrollment authority for grassland reserve program.
Sec. 505. Environmental quality incentives program.
Sec. 506. Reauthorization of and increased funding for wildlife habitat incentive program.
Sec. 507. Integrated pest management initiative.
Sec. 508. Value Added Funding and Technical Assistance.
TITLE VI--HEALTHY FOOD CHOICES
Sec. 601. Findings.
Sec. 602. Reauthorization of and increased funding for community food project competitive grants.
Sec. 603. Expansion of Fresh Fruit and Vegetable Program.
Sec. 604. Authorization level for farm-to-cafeteria activities.
Sec. 605. Extension of WIC farmers' market nutrition program.
Sec. 606. Senior farmers' market nutrition program.
Sec. 607. Farmers' market promotion program.
Sec. 608. Department of Defense and Department of Agriculture procurement of locally produced agricultural products.
Sec. 609. Fruit and vegetable nutrition promotion program.
Sec. 610. Use of `Dietary Guidelines for Americans' in special nutrition programs and school lunch programs.
Sec. 611. Section 32 specialty crop purchases.
Sec. 612. Administration of Food Stamp Program.
TITLE VII--PROMOTION OF NEW MARKETS AND FARM VIABILITY
Sec. 701. National organic certification and transition cost share program.
TITLE VIII--RURAL REGIONAL INVESTMENT INITIATIVE
Sec. 801. Rural regional investment initiative.
Sec. 802. Rural regional entrepreneurship program.
TITLE IX--NUTRITION
Sec. 901. Renaming the Food Stamp Program.
Subtitle A--Improving Benefit Adequacy
Sec. 911. Strengthening the food purchasing power of low-income Americans.
Sec. 912. Supporting working families with child care expenses.
Sec. 913. Exclusion of combat-related military pay from countable income.
Sec. 914. Increasing the minimum benefit.
Subtitle B--Improving Food Security and Simplifying Program Operations
Sec. 921. Allowable countable resources.
Sec. 922. Exclusion of retirement accounts from countable financial resources.
Sec. 923. Exclusion of education accounts from countable financial resources.
Sec. 924. Simplifying work requirement.
Sec. 925. Fairness for legal immigrants.
Sec. 926. Clarifying eligibility.
Sec. 927. Ensuring proper screening.
Sec. 928. Clarification of simplified administrative reporting requirement.
Subtitle C--Connecting Eligible Families and Individuals to Food Stamps
Sec. 931. Facilitating simplified reporting.
Sec. 932. State option for telephonic signature.
Sec. 933. Reauthorization of Food Stamp Program and food distribution program on Indian reservations.
Sec. 934. Access to benefits.
Sec. 935. Outreach grants.
Sec. 936. Improving program operations and program effectiveness.
Sec. 937. Improving performance bonuses for States.
Sec. 938. Supporting State efforts during natural disasters.
Sec. 939. Addressing hunger in the Commonwealth of Puerto Rico.
Sec. 940. Study on comparable access to food stamp benefits for Puerto Rico.
Sec. 941. Expanding the use of food stamps at farmers' markets.
Subtitle D--Supporting the Emergency Food Bank Network and Other Community Partners
Sec. 951. Commodities for the emergency food assistance program.
Sec. 952. Accountable program administration.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Latinos are the fasting growing population of new farmers, increasing by over 40,000 from 1992-2002. They run diversified operations largely producing cattle, fresh fruit and vegetables and other diverse products that are not covered by Federal agricultural programs. As a result, approximately 90 percent of Latino farmers and ranchers do not benefit from the commodity program payments, which consume half of all farm spending. These and other immigrant farmers represent the future of American Agriculture and with support can meet the growing demand from consumers for local and ethnic specialty crops, and protect fertile farmland from sprawling urban development.
(2) The loss of farmers and farmland for small and mid-sized farmers farming along the urban edge, especially Latino and other socially disadvantaged farmers, who have experienced a long history of discrimination, is a growing threat to the future of American agriculture. Farms provide valuable environmental benefits to our urban communities by preserving open space and the quality of our air and water and protecting wild life habitat. The 2007 Farm Bill should ensure that small and mid-sized producers, particularly Latino and other socially disadvantaged producers, have access to farmland protection, conservation, research and other programs that ensure their viability, while providing incentives and support for beginning farmers.
(3) The Nation's 2.5 million migrant and seasonal farm workers produce the food found on the dinner tables of all Americans. Despite these contributions, farm workers suffer from the highest rate of toxic chemical injuries of any workers in the United States and earn only $10,000 to $12,500 per year, working long hours under strenuous conditions. Thirteen states do not require farm workers to be covered by workers' compensation coverage for on-the-job injuries and only eight percent of farm workers reported that their employers provided them with any health insurance. Many farm workers also face substandard housing conditions due to high cost, physical deficiencies or over crowding. The 2007 Farm Bill should improve farm worker safety and health, particularly as it relates to toxic pesticides and expanded research on farm worker health and safety.
(4) Current Federal farm policies also do too little to promote outreach and to serve Latino farmers and operators. Barriers include a failure to provide service that is linguistically and culturally appropriate, a failure to recognize farm experience gained through work as a farm worker or as a farmer in their nation of origin.
(5) As a growing sector within agriculture, Latino and other socially disadvantaged farmers need new programs to help them catch up with other farmers who have had access to more benefits and services, as well as policies and programs that will hold United States Department of Agriculture accountable for provided equitable access to programs.
(6) A major problem facing low-income communities and communities of color across the United States is lack of access to fresh fruits and vegetables and other healthy foods. Whether in their retail shops or school cafeterias', many Americans lack opportunities to make healthy food choices-contributing to alarming increases in rates of obesity and diet related disease. If current trends continue, one in three Caucasian children, and one in two African American and Latino children in America will have diabetes by the time they are eighteen. The 2007 Farm Bill should help reverse the alarming trends of poor health and failing farms by linking the food access needs of consumers with the needs of specialty crop producers, through innovative nutrition, marketing and distribution programs.
(7) With hunger and food insecurity on the rise we must strengthen the safety-net for food insecure families. According to the United States Department of Agriculture, 38 million people in America live with hunger or the threat of hunger, including 14 million children. Yet at the same time, a large percentage of eligible families do not participate in the Food Stamp Program. The Farm Bill must include a strong nutrition title that helps families in need put food on the table.
TITLE I--POLICY TO PROMOTE INVOLVEMENT OF SOCIALLY DISADVANTAGED FARMERS AND RANCHERS
SEC. 101. ESTABLISHMENT.
(a) Establishment- The Secretary of Agriculture shall establish and carryout, for each of fiscal years 2008 through 2013, a program to enhance the viability of minority and socially disadvantaged farmer and ranchers who own or operate agricultural operations by assisting such farmer and ranchers to reduce their risks, improve their access to markets, and better utilize the programs and services of the Department of Agriculture.
(b) Improved Access- One of the purposes of the program shall be to ensure the viability and success of minority and socially disadvantaged farmers and ranchers by promoting the involvement of socially disadvantaged farmers and ranchers in the full range of services to ensure producer access to commodity, credit, risk management and disaster protection, conservation, marketing, nutrition, value-added, rural development, and other programs and services of the Department.
(c) Accurate Reflection of Contributions- Another of the purposes of the program shall be to assure that the number and economic contributions of socially disadvantaged farmers and ranchers are accurately reflected in the census of agriculture.
SEC. 102. ADMINISTRATION.
In order to implement the policies and programs established or modified under this title, the Secretary shall use the Risk Management Agency Office of Civil Rights and Community Outreach.
SEC. 103. ELIGIBILITY.
(a) In General- To be eligible to participate in programs made available under this title, a producer shall--
(1) be a socially disadvantaged farmer or rancher;
(2) be a producer who, as an owner, operator, landlord, tenant, sharecropper or enrolled member of an Indian tribe--
(A) shares in the risk of producing any crop or livestock; and
(B) is entitled to share in the crop or livestock available for marketing from a farm (or would have shared had the crop or livestock been produced) or produces more than 50 percent of the food needed for family consumption;
(3) submit to the Secretary, and obtain the approval of the Secretary for, a risk management and market access plan that meets the minimum requirements in section 104; and
(4) enter into a risk management and marker access contract with the Secretary to carry out the risk management and market access plan.
(b) Definitions- In this title:
(1) SOCIALLY DISADVANTAGED- The term `socially disadvantaged' means, with respect to a farmer or rancher, that the farmer or rancher is a member of a socially disadvataged group.
(2) SOCIALLY DISADVANTAGED GROUP DEFINED- The term `socially disadvantaged group' means a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.
SEC. 104. PRODUCER PAYMENT STRUCTURE.
(a) Producer Development Payments- The Secretary is authorized to provide direct payments to the producers defined under section 103 if risk management and market access plans are implemented within any fiscal year pursuant to a plan developed in a fiscal year prior to payment by the Secretary.
(b) Enrollment Procedure- To enroll in this program, an eligible producer must--
(1) complete and maintain the practices in the qualification level in subsection (c)(1)(A);
(2) describe the tier of the risk management and market access plan, and the particular risk management and market access practices to be implemented in accordance with this subsection; and
(3) identify the qualified technical assistance provider who will serve as a liaison to the Department and supply technical assistance to assure completion of the plan.
(c) Payment Structure- The Secretary shall make annual producer payments under this title for participation at 1 of the following levels for a period not to exceed a total of 7 years, as follows:
(1) QUALIFICATION LEVEL- The qualification level payment shall be $5,000 with $2,500 paid up front if, within the first year, the producer--
(A) files an IRS schedule F or a qualified substitute for enrolled members of Indian Tribes;
(B) registers at the Farm Service Agency office as a farm or rancher, or informs the Secretary the reason for which registration was not allowed;
(C) signs up for any crop insurance or NAP programs for which the producer is qualified, or provides a plan to achieve qualification or inform the Secretary if no plan or program exists for the form of production on the farm or ranch; and
(D) receives technical assistance to be included in the Minority Farm Registry and complete the next Census of Agriculture.
The Secretary shall provide to the National Agriculture Statistics Service information sufficient for inclusion of each producer who qualifies under this section in the next census of agriculture.
(2) FIRST TIER PAYMENTS- First Tier payments shall be $10,000 annually for up to 3 years if the producer provides, develops, and implements a plan to complete at least two of following practices in each year:
(A) prepares a farm and home plan;
(B) prepares an estate plan;
(C) prepares risk management plan, including accessing family health insurance;
(D) prepares a conservation plan;
(E) enters into a contract for purchase or sale of farm land;
(F) acquires a computer, high-speed internet access, and software, and training in the use of these tools;
(G) prepares a plan to transition to another crop or crops;
(H) applies for at least one farm program of the Department; or
(I) other practices as determined by the Secretary.
(3) SECOND TIER PAYMENTS- Second Tier payments shall be $25,000 annually for up to 3 years if the producer develops and implements a plan to complete at least 2 of the following practices in each year:
(A) mentor another farmer;
(B) seek nomination and election to a Conservation District Board or FSA County Committee;
(C) meet standards for Good Agricultural Practices, Organic Certification, or other market certifications;
(D) develop and implement a marketing plan or a business plan;
(E) access liability or other expanded insurance, including revenue insurance;
(F) access farmers markets or improved marketing contracts;
(G) participate in farmers market nutrition, school food or other nutrition programs;
(H) develop and implement plan to meet regulatory requirements, including labor, workers compensation, and pesticide health and safety standards, livestock and animal ID;
(I) seek irrigation and other production assistance, land or waste management; or
(J) other practices as determined by the Secretary.
(4) THIRD TIER PAYMENTS- Third Tier payments shall be $45,000 annually for up to 3 years if the producer develops and implements a plan to complete at least 2 of the following practices in each year:
(A) develop or participate in a cooperative or marketing association;
(B) develop a value-added enterprise;
(C) improve marketing, including development of brands and innovative forms of marketing by web or other means;
(D) develop intrastructure or processing;
(E) enhance the participation of a cooperative or a group of farmers in nutrition and health programs;
(F) construct or improve housing for farmworkers;
(G) enter into direct contracts to secure adequate labor to meet production needs;
(H) protect land use and development rights; or
(I) other practices as determined by the Secretary.
SEC. 105. TECHNICAL ASSISTANCE.
(a) In General- For each of fiscal years 2008 through 2013, the Secretary shall provide technical assistance through qualified technical assistance providers to producers for the development and implementation of a risk management and market access plans at each tier.
(b) Technical Assistance Provider- In this section, the term `technical assistance provider' is an organization or educational institutions that qualifies as an eligible entity under section 2501(e)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (
(c) Qualified Technical Assistance Provider- In this section, the term `qualified technical assistance provider' means a technical assistance provider that has been recognized by the Risk Management Agency as qualified to provide the service in this program. The term shall include the following:
(1) An 1890 institution or 1994 institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (
(2) An Indian tribal community college or an Alaska Native cooperative college.
(3) An Hispanic-serving institution (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
(4) Any other institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (
(d) Limitations- A qualified technical service provider shall not receive payment for services in excess of--
(1) $2,000, for services under section 104(c)(1);
(2) $3,000, for services under section 104(c)(2);
(3) $4,000, for services under section 104(c)(3); or
(4) $5,000, for services under section 104(c)(4).
SEC. 106. DUTIES OF THE SECRETARY.
(a) Regulations- Not later than 270 days after the date of enactment of this Act, the Secretary of Agriculture shall promulgate regulations implementing the program provided in this title.
(b) Staffing and Administration- The Secretary shall provide in the Risk Management Office of Civil Rights and Community Outreach not less than 10 staff positions at headquarters, and such field staff for the Office as the Secretary deems necessary to implement this program in States where the number of applicants exceeds 500, to conduct the administration of the program provided in this title.
(c) Departmental Coordination- The Secretary shall provide support for the Small Farms Emphasis Program established in the Department of Agriculture to work across agencies in the Department to assure coordination of services among agencies for socially disadvantaged farmers and ranchers under the program provided under this title, and in partnership with qualified technical assistance providers, to provide such coordination and training activities as necessary.
(d) Funding- Of the funds of the Commodity Credit Corporation, the Secretary shall make available such sums as are necessary to carry out this title for each of fiscal years 2008 through 2013.
TITLE II--REVIEW OF PENDING FORECLOSURES
SEC. 201. USDA MINORITY PRODUCER LAND PRESERVATION COMMISSION.
(a) In General- The Secretary of Agriculture (in this section referred to as the `Secretary') shall establish in the Department of Agriculture a commission to be known as the `USDA Minority Producer Land Preservation Commission' (in this section referred to as the `Commission').
(b) Duties-
(1) REVIEW OF PENDING FORECLOSURE PROCEEDINGS OF THE DEPARTMENT OF AGRICULTURE-
(A) ACTIONS TO BE TAKEN ON RECEIPT OF PETITION- On receipt of a petition from a socially disadvantaged farmer or rancher (as defined in section 355(e)(2) of the Consolidated Farm and Rural Development Act) with respect to a foreclosure action of the Department of Agriculture that is pending with respect to a farm or ranch owned or operated by the petitioner--
(i) the Commission shall--
(I) commence an investigation of the claims made in the petition; and
(II) notify the Secretary that the Commission has received the petition; and
(ii) the foreclosure action shall be suspended, and interest shall not be payable on any credit obligation of the petitioner which is the subject of the foreclosure action, until the earliest of--
(I) the date the petitioner submits to the Commission a written request to consider the petition to be withdrawn;
(II) the date the Commission determines that the claims made in the petition are without foundation or that there has been no wrongdoing by any governmental entity in the circumstances which gave rise to, or the conduct of, the action;
(III) the date the claims made in the petition have been fully and finally adjudicated in a court of competent jurisdiction;
(IV) the date the Commission submits a final report to the Secretary under subparagraph (C)(ii) with respect to the petition; or
(V) the date the Commission terminates.
(B) MATTERS TO BE INVESTIGATED; RECOMMENDATIONS- In investigating a petition, the Commission shall--
(i) determine whether (and if so, the extent to which) conduct of the Federal Government, or any State or local government, contributed to the conditions leading to the foreclosure action;
(ii) determine whether the foreclosure action is being conducted in accordance with applicable laws and regulations; and
(iii) on the basis of the determinations, develop such recommendations as may be necessary and appropriate with respect to the petition.
(C) REPORTS TO THE SECRETARY-
(i) PRELIMINARY REPORT- Within 60 (or, if the Commission needs more time, 90) days after receipt of a petition, the Commission shall submit to the Secretary a report which contains the preliminary determinations and recommendations of the Commission with respect to the petition.
(ii) FINAL REPORT- When the Commission completes its investigation of a petition, the Commission shall submit to the Secretary a report which contains the final determinations and recommendations of the Commission with respect to the petition.
(D) FORECLOSURE ACTION DEFINED- In this paragraph, the term `foreclosure action' means any action or proceeding in the nature of foreclosure or acceleration of a credit obligation, and any similar action or proceeding.
(2) ANNUAL REPORTS TO THE CONGRESS- The Commission shall submit annually to the Committees on Agriculture and on Government Reform of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry and on Homeland Security and Government Affairs of the Senate a report that contains--
(A) a summary of the reports submitted under paragraph (1)(C)(ii) in the period covered by the report; and
(B) such legislative and administrative recommendations as may be necessary and appropriate to improve the credibility, accuracy, and fairness of the process for foreclosing or taking other similar action on loans made by the Department of Agriculture.
(c) Membership-
(1) NUMBER AND APPOINTMENT-
(A) IN GENERAL- Within 180 days after the date of the enactment of this Act, the Secretary shall appoint 9 individuals to be the members of the Commission, as follows:
(i) 3 members shall be appointed from among those who represent the interests of community-based organizations.
(ii) 3 members shall be appointed from among those who represent the interests of land grant colleges and universities.
(iii) 3 members shall be appointed from among those who represent the interests of local governments located in rural areas.
(B) GEOGRAPHICAL DIVERSITY- In making appointments to the Commission, the Secretary shall, to the extent practicable, ensure geographical diversity.
(C) POLITICAL AFFILIATION- Not more than 4 members appointed to the Commission may be of the same political party.
(2) TERM OF OFFICE-
(A) LENGTH OF TERM-
(i) IN GENERAL- Each Commission member shall be appointed for a term of 3 years, subject to clause (ii).
(ii) DISMISSAL-
(I) CONFLICT OF INTEREST- The term of office of a Commission member shall cease on a determination by the Secretary that continued service by the member would pose an unavoidable conflict of interest for the member.
(II) 3 MISSED MEETINGS- The term of office of a Commission member shall cease when the member has been absent from 3 Commission meetings, without being excused by the Secretary from attendance.
(B) LIMITATION ON NUMBER OF TERMS- The Secretary may not appoint an individual to be a Commission member more than twice.
(C) VACANCIES- A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(3) COMPENSATION- To the extent or in the amounts provided in advance in appropriation Acts, each Commission member shall be paid at a rate equal to the minimum rate of basic pay for GS-14 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of Commission duties.
(d) Powers of Commission-
(1) HEARINGS AND SESSIONS- The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before the Commission.
(2) OBTAINING OFFICIAL DATA- The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this section. On request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission.
(3) EXPERTS AND CONSULTANTS- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.
(4) STAFF OF FEDERAL AGENCIES- On request of the Chairperson of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist the Commission in carrying out this section.
(5) ADMINISTRATIVE SUPPORT SERVICES- On request of the Chairman of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out this section.
(6) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
(e) Procedural Rules-
(1) CHAIRPERSON- The Chairperson of the Commission shall be designated by the Secretary at the time of appointment.
(2) MEETINGS-
(A) HOW CALLED- The Commission shall meet at the call of the Chairperson.
(B) FREQUENCY- While there is a case pending before the Commision, the Commission shall meet at regular intervals not less frequently than 10 times every 12 months.
(C) ADVANCE NOTICE- Not less than 7 days before a Commission meeting, the Commission shall cause to have published in a local newspaper of record the location and time of the meeting.
(D) PUBLIC MEETINGS- Each Commission meeting shall be open to members of the public.
(E) QUORUM- 5 members of the Commission shall constitute a quorum but a lesser number may hold hearings.
(3) RECORDS- The Commission shall create and maintain a record of each Commission meeting, and shall make the record available for public inspection.
(f) Termination- The Commission shall terminate 9 years after the date of the enactment of this Act. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission.
(g) Regulations- The Secretary shall prescribe such regulations as may be necessary to carry out this section.
(h) Effective Date- This section shall be effective October 1, 2007.
SEC. 202. REQUIREMENT THAT FORECLOSURE NOTICES INCLUDE INFORMATION ABOUT THE COMMISSION.
The Secretary of Agriculture shall include in any notice transmitted to a socially disadvantaged farmer or rancher (as defined in section 355(e)(2) of the Consolidated Farm and Rural Development Act) of any foreclosure action (as defined in section 201(b)(1)(D) of this Act) of the Department of Agriculture with respect to a farm or ranch owned or operated by the farmer or rancher information about the USDA Minority Producer Land Preservation Commission established under section 201 of this Act, including how to submit a petition to the Commission.
TITLE III--OUTREACH, TRANSPARENCY, AND ACCOUNTABILITY
SEC. 301. OUTREACH, TRANSPARENCY, AND ACCOUNTABILITY.
Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (
(1) in subsection (a)--
(A) by striking pargraph (2) and inserting the following:
`(2) REQUIREMENTS- The outreach and technical assistance program under paragraph (1) shall be used exclusively to--
`(A) enhance coordination of the outreach, technical assistance, and education efforts authorized under various agriculture programs; and
`(B) assist the Secretary in--
`(i) reaching socially disadvantaged farmers and ranchers and prospective socially disadvantaged farmers and ranchers in a culturally and linguistically appropriate manner;
`(ii) improving the participation of these farmers in Department programs (computed in accordance with section 2501A(c)); and
`(iii) calling the attention of the Secretary to gaps in programs and service delivery that have impeded the participation of socially disadvantaged farmers and ranchers or prospective socially disadvantaged farmers and ranchers.'; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking `may' and inserting `shall';
(II) by inserting `who meets the requirements of paragraph (2)' after `entity'; and
(III) by striking `information' and inserting `outreach'; and
(ii) by adding at the end the following:
`(D) The Secretary shall provide automatic multi-year renewal of grants, contracts, and other agreements with an organization that received funding under this section before January 1, 1993, that continues to fulfill the requirements as an eligible entity.';
(2) in subsection (a)(4)--
(A) in subparagraph (A), by striking `$25,000,000 for each of fiscal years 2002 through 2007' and inserting `$100,000,000 for each of fiscal years 2008 through 2012'; and
(B) by adding at the end the following:
`(C) LIMITATION ON USE OF FUNDS FOR ADMINISTRATIVE EXPENSES- Not more than 5 percent of the amounts made available under this paragraph for a fiscal year may be used for expenses of administering the program under this section.';
(3) in subsection (b)(1), by striking `State cooperative extension services' and inserting `Natural Resource Conservation Service'; and
(4) in subsection (e)(5)(A)--
(A) in clause (i), by inserting `represents and' before `has demonstrated';
(B) in clause (ii)--
(i) by inserting `and on behalf of' before `socially';
(ii) by striking `2-year' and inserting `5-year'; and
(iii) by striking `and' at the end; and
(C) by redesignating clause (iii) as clause (iv) and insertign after clause (ii) the following:
`(iii) has a legitimate address and office, and a verifiable client or membership list; and'.
SEC. 302. IMPROVED DATA REQUIREMENTS.
Section 2501A of the Food, Agriculture, Conservation, and Trade Act of 1990 (
`(c) Compilation of Program Participation Data-
`(1) ANNUAL REQUIREMENT- For each county and State in the United States, the Secretary of Agriculture shall compile annually program participation rate data regarding socially disadvantaged farmers and ranchers by computing--
`(A) actual numbers; and
`(B) the participation rate of all farmers and ranchers according to race, ethnicity, and gender as a percentage of the total participation of all farmers and ranchers for each program of the Department of Agriculture established for farmers or ranchers.
`(2) ANNUAL REPORT- The Secretary of Agriculture shall provide the data required under subsection (c)(1) in a searchable data base with a national summary for each program and the number and rate of participation by program for each county and State.
`(d) Authority To Collect Data- The heads of the agencies of the Department of Agriculture shall collect and transmit to the Secretary of Agriculture such data as may be necessary to enable the Secretary to carry out subsection (c)(1).
`(e) Limitations on Use of Data- The Secretary of Agriculture shall not disclose the names or individual data of any program participant. The data shall be used exclusively for the purposes authorized in subsection (a) and not for the evaluation of individual applications for assistance, except as otherwise provided.
`(f) Data Compilation Procedures- The Secretary of Agriculture shall compile data under this section by using the technologies and systems of the National Agricultural Statistical Service (NASS). NASS shall present the data, updated annually, as a searchable database, aggregated by program at the county, State, and national level. The presentation of the data shall allow comparisons at each such level to the number of farms at each such level in the most recent census of agriculture.'.
SEC. 303. EXPANSION OF SUPPORT FOR HISPANIC-SERVING INSTITUTIONS.
Section 1455(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
TITLE IV--FARM WORKER AND COMPETITIVENESS PROVISIONS
Subtitle A--Pesticides
SEC. 401. PESTICIDES.
(a) Recordkeeping and Reporting-
(1) AMENDMENT- Section 1491 of the Food, Agriculture, Conservation, and Trade Act of 1990 (
`SEC. 1491. PESTICIDE RECORDKEEPING.
`(a) Requirements-
`(1) IN GENERAL- The Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency, shall require certified commercial applicators and private applicators of pesticides (whether for general use or restricted use) to maintain--
`(A) records comparable to records maintained by commercial applicators of pesticides, as required by the State in which the pesticide is used, or
`(B) if there is no State requirement for the maintenance of records, records that contain the product and chemical name, the registration number assigned to the pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act, amount, date and time of application, and location of application of each such pesticide used in agricultural production,
for a period of 20 years after the pesticide is used.
`(2) PROVISION OF RECORDS TO CERTAIN PERSONS- Within 30 days of a pesticide application, a certified commercial applicator shall provide a copy of records maintained under paragraph (1) to the person for whom such application was provided.
`(3) PROVISION OF RECORDS TO SECRETARY- Within 30 days of a pesticide application, a certified commercial applicator or private applicator shall provide a copy of records maintained under paragraph (1) to--
`(A) any State agency designated by the State for such purpose; and
`(B) the Secretary of Agriculture.
`(4) MAINTENANCE BY SECRETARY-
`(A) REQUIREMENT- Subject to subparagraph (B), the Secretary of Agriculture shall maintain records submitted to the Secretary under paragraph (3) for a period of at least 20 years after the pesticide is used.
`(B) EXCEPTION- The Secretary of Agriculture is not required to maintain records pursuant to subparagraph (A) if the Secretary determines that the State in which the pesticide is used will maintain such records for a period of at least 20 years after such use.
`(b) Access to Records-
`(1) IN GENERAL- Upon request, records maintained under subsection (a) shall be made available by applicators and by the Secretary of Agriculture to the following:
`(A) A Federal or State agency that deals with pesticide use or any health, occupational safety, or environmental issue related to the use of pesticides.
`(B) Health care professionals treating persons who reasonably believe that they have been exposed to pesticides.
`(C) Agricultural workers who reasonably believe they have been exposed to pesticides, their immediate family members, and their representatives.
`(D) Researchers conducting studies on pesticides, occupational safety or health, or environmental conditions.
`(2) AGENCIES- In the case of Federal agencies, such access to records maintained under subsection (a) shall be through the Secretary of Agriculture, or the Secretary's designee. State agency requests for access to records maintained under subsection (a) shall be through the lead State agency so designated by the State.
`(3) HEALTH CARE PERSONNEL- When a health professional determines that pesticide information maintained under this section is necessary to provide medical treatment or first aid to an individual who may have been exposed to pesticides for which the information is maintained, upon request applicators and the Secretary of Agriculture shall promptly provide applicable records maintained under subsection (a) and available label information to that health professional. In the case of an emergency, such records and information shall be provided immediately.
`(4) AGRICULTURAL WORKERS- When an agricultural worker reasonably believes he or she has been exposed to pesticides, upon request applicators and the Secretary of Agriculture shall provide applicable records maintained under subsection (a) to such worker, the worker's family member, or the worker's representative within 5 business days of the request. In the case of an emergency, such records shall be provided immediately.
`(5) RESEARCHERS- When a researcher is conducting a study on a pesticide, occupational safety or health, or environmental conditions, upon request applicators and the Secretary of Agriculture shall provide applicable records maintained under subsection (a) to such researcher within 30 days of the request.
`(c) Access to Contact Information- Upon request, the person for whom a pesticide application was provided shall provide the name and contact information of the applicator to a health care professional described in subsection (b)(3) or an agricultural worker, family member, or representative described in subsection (b)(4).
`(d) Surveys and Analyses- Each Federal agency described in subsection (b)(1)(A) shall conduct surveys and record the data from individual applicators to facilitate statistical analysis for environmental and agronomic purposes, but in reports based on survey data the Federal agency shall not release data, including the location from which the data was derived, that would directly or indirectly reveal the identity of individual producers.
`(e) Penalty- The Secretary of Agriculture shall be responsible for the enforcement of subsections (a), (b), and (c). A violation of subsection (a) or (b) by an applicator, or a violation of subsection (c) by a person described in such subsection, shall--
`(1) in the case of the first offense, be subject to a fine of not more than $ 1,000; and
`(2) in the case of subsequent offenses, be subject to a fine of not less than $ 2,000 for each violation, except that the penalty shall be less than $1,000 if the Secretary determines that the applicator or person made a good faith effort to comply with such subsection.
`(f) Federal or State Provisions- The requirements of this section shall not affect provisions of other Federal or State laws.
`(g) Surveys and Reports- The Secretary of Agriculture and the Administrator of the Environmental Protection Agency shall survey the records maintained under subsection (a) to develop and maintain a database that is sufficient to enable the Secretary and the Administrator to publish comprehensive reports, at least on an annual basis, concerning agricultural and nonagricultural pesticide use. The Secretary and Administrator shall enter into a memorandum of understanding to define their respective responsibilities under this subsection in order to avoid duplication of effort. Such reports shall be transmitted to Congress not later than April 1 of each year.
`(h) Regulations- The Secretary of Agriculture and the Administrator of the Environmental Protection Agency shall promulgate revised regulations on their respective areas of responsibility implementing this section not later than 180 days after the enactment of the NOURISH Act of 2007.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) takes effect on the date that is 180 days after the enactment of the NOURISH Act of 2007.
(b) Inclusion of Long-Term Adverse Health Effects in Labeling- Paragraph (2) of section 2(q) of the Federal Insecticide, Fungicide, and Rodenticide Act (
(1) in subparagraph (C), by striking `and' at the end;
(2) in subparagraph (D)(iii), by striking the period at the end and inserting `; and'; and
(3) by adding at the end the following:
`(E) the pesticide is registered for an agricultural use and its labeling does not include information on long-term adverse health effects associated with exposure to the pesticide, such as cancer in individuals so exposed and their children, birth defects, adverse reproductive effects such as infertility or still births, and neurological damage.'.
(c) Research by CDC-
(1) INCREASED RISKS AMONG FARM WORKERS-
(A) IN GENERAL- The Director of the Centers for Disease Control and Prevention shall conduct or support research on increased risks of cancer or birth defects among farm workers who have occupational exposure to pesticide and their children.
(B) AUTHORIZATION OF APPROPRIATIONS- To carry out this paragraph, there is authorized to be appropriated $5,000,000 for fiscal year 2008.
(2) BIOLOGICAL INDICATORS AND CLINICAL TESTS-
(A) IN GENERAL- The Director of the Centers for Disease Control and Prevention shall conduct or support research to identify objective biological indicators, and to develop new and additional inexpensive clinical tests, to enable clinicians to diagnose overexposure to pesticides.
(B) AUTHORIZATION OF APPROPRIATIONS- To carry out this paragraph, there is authorized to be appropriated $5,000,000 for fiscal year 2008.
(d) Research by USDA-
(1) IN GENERAL- The Secretary of Agriculture shall conduct or support research on alternatives to agricultural pesticides that have been associated with cancer, birth defects, adverse reproductive effects, or severe neurological disorders in animal studies or epidemiological research.
(2) AUTHORIZATION OF APPROPRIATIONS- To carry out this subsection, there is authorized to be appropriated $5,000,000 for fiscal year 2008.
(e) Research by EPA-
(1) IN GENERAL- The Administrator of the Environmental Protection Agency shall conduct or support research to develop field level tests to determine when pesticide-treated fields are safe to reenter.
(2) AUTHORIZATION OF APPROPRIATIONS- To carry out this subsection, there is authorized to be appropriated $7,500,000 for fiscal year 2008.
Subtitle B--Office of Farmworker Coordination
SEC. 411. OFFICE OF FARMWORKER COORDINATION.
(a) Establishment- The Secretary of Agriculture shall establish, within the Office of Civil Rights and Community Outreach of the Risk Management Agency of the Department of Agriculture, an office of Farmworker Coordination, which shall be led by the USDA Farmworker Coordinator
(b) Duties- The Secretary may delegate to the USDA Farmworker Coordinator responsibility for any or all of the following:
(1) Administering the program established by section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 (
(2) Serving as a liaison to community based non-profit organizations who represent and have at least 3 years experience serving low income migrant and seasonal farmworkers.
(3) Conducting field visits in those areas the Secretary considers to have the most risk of disasters or the greatest concentration of farm workers, or both.
(4) Providing the Secretary with a regular assessment of all current Department of Agriculture programs that serve or affect low-income and migrant seasonal farmworkers, and of improvements that can be made to these programs and services.
(5) Coordinating with the Department and other Federal agencies to assure that farmworker needs are assessed and met during declared disasters and other emergencies.
(6) Coordinating with State and local agencies as needed in times of disaster to assure farmworker needs are assessed and met.
(7) Coordinating with the USDA Small Farms Working Groups, Outreach Coordinators, and other entities to better integrate farmworker perspectives, concerns and interests into the ongoing programs of the Department.
(8) Consulting with minority serving institutions referred to in section 105(c) on research, program improvements or agricultural education opportunities that may assist low-income and migrant seasonal farmworkers
(9) Ensuring that necessary and appropriate components relating to migrant and seasonal farmworkers are properly incorporated into all strategic planning initiatives of the Department.
(10) Assuring that farmworkers have access to services and support to enter agriculture as producers.
(c) Authorization of Appropriations- There are authorized to be appropriated such funds as are necessary for the efficient management of the Farmworker Coordination Office.
Subtitle C--Major Disaster Assistance Programs
SEC. 421. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS.
Section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 (
`SEC. 2281. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS.
`(a) Grants Available- The Secretary of Agriculture may make grants to public agencies or private organizations with tax exempt status under section 501(c)(3) of 1986 that have at least 5 years demonstrated experience in providing emergency services to low-income migrant and seasonal farmworkers where the Secretary determines that a local, State or national emergency or disaster has caused low-income migrant or seasonal farmworkers to lose income, to be unable to work, or to stay home or return home in anticipation of work shortages. Emergency services to be provided with assistance received under this section shall be focused on aid to allow farmworkers to meet or access other resources to meet short-term emergency family needs for food, clothing, employment, transportation and housing assistance necessary to allow low income and migrant seasonal farmworkers to remain in the disaster area and may include such other types of assistance as the Secretary of Agriculture determines to be necessary and appropriate.
`(b) Low-Income Migrant or Seasonal Farmworker Defined- For the purposes of this section, the term `low-income migrant or seasonal farmworker' means an individual--
`(1) who has, during any consecutive 12 month period within the preceding 24 month period, performed farm work for wages;
`(2) who has received not less than one-half of such individual's total income, or been employed at least one-half of total work time in farm work; and
`(3) whose annual family income within the 12 month period referred to in paragraph (1) does not exceed the higher of the poverty level or 70 percent of the lower living standard income level.
`(c) Disaster Fund- The Secretary shall maintain a disaster fund of $2,000,000 to be used for immediate assistance for events described in subsection (a). Of the funds of the Commodity Credit Corporation, the Secretary shall make available such sums as are necessary to maintain the disaster fund at $2,000,000 for each of fiscal years 2008 through 2013.
`(d) Authorization of Appropriations- In addition to the sums allocated in subsection (c), there are authorized to be appropriated such sums as may be necessary to carry out this section. The Secretary shall review the impact of disasters on low-income migrant or seasonal farmworkers in each disaster for which supplemental funds are requested in order to request additional funds to meet the needs described in subsection (a) with respect to such disaster.
`(e) Administration- Not more than 10 percent of the funds provided under subsections (c) and (d) may be used by the Secretary to administer this section.'.
Subtitle D--Agricultural Fair Practices
SEC. 431. AGRICULTURAL FAIR PRACTICES.
The Agricultural Fair Practices Act of 1967 (
`SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
`(a) In General- This Act may be cited as the `Agricultural Fair Practices Act of 1967'.
`(b) Table of Contents- The table of contents of this Act is as follows:
`Sec. 1. Short title; table of contents.
`Sec. 2. Definitions.
`TITLE I--AGRICULTURAL TRADE PRACTICES
`Sec. 101. Office of Special Counsel for Competition Matters.
`TITLE II--PROHIBITIONS ON ANY UNFAIR, UNJUSTLY DISCRIMINATORY, OR DECEPTIVE ACT, DEVICE, OR ANTI-COMPETITIVE PRACTICE IN AGRICULTURAL COMMERCE
`Sec. 201. Prohibitions involving crops.
`Sec. 202. Prohibitions involving producer associations and production contracts.
`Sec. 203. Production contracts and marketing contracts.
`Sec. 204. Production contracts.
`Sec. 205. Authority of Secretary to promulgate rules and regulations.
`Sec. 206. Enforcement.
`Sec. 207. Effect on other laws.
`Sec. 208. Assignment of association dues and fees.
`Sec. 209. Severability.
`SEC. 2. DEFINITIONS.
`In this Act:
`(1) AGRICULTURAL COMMODITY-
`(A) IN GENERAL- Except as provided in subparagraph (B), the term `agricultural commodity' has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (
`(B) EXCEPTION- In section 201, the term `agricultural commodity'--
`(i) means a crop; and
`(ii) does not include a perishable agricultural commodity, as that term is defined in section 1(b) of the Perishable Agricultural Commodities Act, 1930 (
`(2) AGRICULTURAL COOPERATIVE- The term `agricultural cooperative' means an association of persons engaged in the production, marketing, or processing of an agricultural commodity that meets the requirements of the Act entitled `An Act to authorize association of producers of agricultural products' (commonly known as the `Capper-Volstead Act') (
`(3) ASSOCIATION OF PRODUCERS-
`(A) IN GENERAL- The term `association of producers' means an association of producers of agricultural commodities that engages in the marketing, bargaining, shipping, or processing of agricultural commodities or of agricultural services.
`(B) INCLUSIONS- The term `association of producers' includes--
`(i) an organization dedicated to promoting the common interest and general welfare of producers of agricultural commodities;
`(ii) a cooperative association (as defined in section 15(a) of the Agricultural Marketing Act (
`(iii) an association described in the first section of the Act entitled `An Act to authorize association of producers of agricultural products' (commonly known as the `Capper-Volstead Act') (
`(4) CAPITAL INVESTMENT- The term `capital investment' means an investment in--
`(A) a structure, such as a building or manure storage structure; or
`(B) machinery or equipment associated with producing an agricultural commodity that has a useful life of more than 1 year.
`(5) COMMISSION MERCHANT- The term `commission merchant' means any person engaged in the business of receiving in interstate or foreign commerce any agricultural commodity for sale on commission.
`(6) CONTRACT LIVESTOCK FACILITY- The term `contract livestock facility' means a facility in which livestock or a product of live livestock is produced under a production contract by a contract producer.
`(7) CONTRACTOR- The term `contractor' means a person that, in accordance with a production contract, owns, or will own, an agricultural commodity that is produced by a contract producer.
`(8) CONTRACT PRODUCER- The term `contract producer' means a producer that produces an agricultural commodity under a production contract.
`(9) COVERED PERSON- The term `covered person' means a dealer, handler, contractor, processor, or commission merchant.
`(10) CROP- The term `crop' means an agricultural commodity produced from a plant.
`(11) DEALER- The term `dealer' means any person engaged in the business of buying, selling, or marketing agricultural commodities in interstate or foreign commerce.
`(12) DEPARTMENT- The term `Department' means the Department of Agriculture.
`(13) HANDLER- The term `handler' means any person engaged in the business or practice of--
`(A) acquiring agricultural commodities from producers or associations of producers for processing or sale;
`(B) grading, packaging, handling, storing, or processing agricultural commodities received from producers or associations of producers;
`(C) contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural commodity; or
`(D) acting as an agent or broker for a handler in the performance of any function or act described in subparagraph (A), (B), or (C).
`(14) INVESTMENT REQUIREMENT- The term `investment requirement' means a provision in a production contract that requires a contract producer to make a capital investment associated with producing an agricultural commodity that, but for the production contract, the contract producer would not have made.
`(15) LIVESTOCK- The term `livestock' has the meaning given the term in section 602 of the Agricultural Act of 1949 (
`(16) MARKETING CONTRACT- The term `marketing contract' means a written agreement between a covered person and a producer for the purchase of an agricultural commodity produced or raised by the producer.
`(17) PERSON- The term `person' includes an individual, partnership, corporation, limited liability company, limited partnership, or association.
`(18) PROCESSOR- The term `processor' means--
`(A) any person (other than an agricultural cooperative) engaged in the business of handling, preparing, or manufacturing (including slaughtering) an agricultural commodity or the products of an agricultural commodity for sale or marketing in interstate or foreign commerce; and
`(B) an agricultural cooperative that handles, prepares, or manufactures (including slaughtering) agricultural commodities of its members' own production.
`(19) PRODUCE- The term `produce' means--
`(A) to provide feed or services relating to the care and feeding of livestock, including milking dairy cattle and storing raw milk; or
`(B) to plant, raise, harvest, and store a crop, including preparing soil for planting and applying a fertilizer, soil conditioner, or pesticide to a crop.
`(20) PRODUCER- The term `producer' means a person engaged in the production of an agricultural commodity as a farmer, planter, rancher, dairyman, poultryman, or fruit, vegetable, or nut grower.
`(21) PRODUCTION CONTRACT-
`(A) IN GENERAL- The term `production contract' means a written agreement that provides for--
`(i) the production of an agricultural commodity by a contract producer; or
`(ii) the provision of a management service relating to the production of an agricultural commodity by a contract producer.
`(B) INCLUSIONS- The term `production contract' includes--
`(i) a contract between a contractor and a contract producer for the production of an agricultural commodity; or
`(ii) a contract between a contractor and a contract producer for the provision of a management service in the production of an agricultural commodity.
`(22) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
`TITLE I--AGRICULTURAL TRADE PRACTICES
`SEC. 101. OFFICE OF SPECIAL COUNSEL FOR COMPETITION MATTERS.
`(a) Establishment-
`(1) IN GENERAL- There is established within the Department an office to be known as the `Office of Special Counsel for Competition Matters'.
`(2) DUTIES- The Office shall--
`(A) investigate and prosecute violations of this Act and the Packers and Stockyards Act, 1921 (
`(B) serve as a liaison between, and act in consultation with, the Department and the Department of Justice and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector; and
`(C) maintain a staff of attorneys and other professionals with the appropriate expertise.
`(b) Special Counsel for Competition Matters-
`(1) IN GENERAL- The Office shall be headed by the Special Counsel for Competition Matters, who shall be appointed by the President, by and with the advice and consent of the Senate.
`(2) PROSECUTORIAL AUTHORITY- Notwithstanding title 28, United States Code, the Special Counsel for Competition Matters shall have the authority to bring any civil or administrative action authorized under this Act or the Packers and Stockyards Act, 1921 (
`TITLE II--PROHIBITIONS ON ANY UNFAIR, UNJUSTLY DISCRIMINATORY, OR DECEPTIVE ACT, DEVICE, OR ANTI-COMPETITIVE PRACTICE IN AGRICULTURAL COMMERCE
`SEC. 201. PROHIBITIONS INVOLVING CROPS.
`(a) Prohibition on Any Unfair, Unjustly Discriminatory, or Deceptive Act, Device, or Anti-Competitive Practice- Any unfair, unjustly discriminatory, or deceptive act, device, or anti-competitive practice in or affecting the marketing, receiving, purchasing, sale, or contracting for the production of any agricultural commodity by any covered person shall be unlawful.
`(b) Other Unlawful Acts- It shall be unlawful for any covered person--
`(1) to make or give any undue or unreasonable preference or advantage to any particular person or locality in any respect, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect;
`(2) to sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce;
`(3) to engage in any course of business or do any act for the purpose or with the effect or manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce;
`(4) to conspire, combine, agree, or arrange with any other person--
`(A) to apportion territory for carrying on business;
`(B) to apportion purchases or sales of any article; or
`(C) to manipulate or control prices; or
`(5) to conspire, combine, agree, or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by paragraph (1), (2), (3), or (4).
`(c) Public Policy Considerations- In determining whether an act, device, or anti-competitive practice described in subsection (a) is unfair, a court may consider whether--
`(1) a reasonable person would consider the act, device, or practice unfair under the circumstances, whether or not the act, device, or practice has previously been found unlawful; or
`(2) the act, device, or practice may violate standards established by Federal or State law (including common law and regulations).
`SEC. 202. PROHIBITIONS INVOLVING PRODUCER ASSOCIATIONS AND PRODUCTION CONTRACTS.
`(a) Any Unlawful Act Involving Producer Associations and Production Contracts- It shall be unlawful for any covered person--
`(1)(A) to interfere with, restrain, or coerce any producer in the exercise of the right of the producer to join and belong to, or to refrain from joining or belonging to, an association of producers; or
`(B) to refuse to deal with any producer because of the exercise of the right of the producer to join and belong to the association;
`(2) to discriminate against any producer with respect to price, quantity, quality, or other terms of purchase, acquisition, or other handling of an agricultural commodity because of the membership of the producer in, or the contract of the producer with, an association of producers;
`(3) to coerce or intimidate any producer to enter into, maintain, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers or a contract with a covered person;
`(4) to pay or loan money, give any thing of value, or offer any other inducement or reward to a producer for refusing to or ceasing to belong to an association of producers;
`(5) to make false reports about the finances, management, or activities of an association of producers or covered persons;
`(6) to conspire, combine, agree, or arrange with any other person to do, or aid or abet the performance of, any act made unlawful by this Act;
`(7)(A) to interfere with the formation or administration of any association of producers; or
`(B) to contribute financial or other support to an association of producers; or
`(8) to fail to bargain in good faith with an association of producers.
`(b) Any Unlawful Act in Production Contracts- It shall be unlawful for a covered person that is a party to a production contract--
`(1) to fail to act in good faith with respect to the performance and enforcement of the production contract;
`(2) to fail to include 1 or more cover pages that disclose provisions of the production contract relating to--
`(A) duration;
`(B) termination;
`(C) renewal and renegotiation standards;
`(D) responsibility for environmental damage;
`(E) factors to be used in determining payment;
`(F) responsibility for obtaining and complying with Federal, State, and local permits;
`(G) assignability;
`(H) the applicable State law and venue;
`(I) the effect of oral modifications;
`(J) remedies for breach;
`(K) in the case of a livestock or poultry production contract, the minimum number of animals subject to the contract;
`(L) other rules or provisions incorporated in the contract by reference; and
`(M) any other terms that the Secretary determines to be appropriate for disclosure; or
`(3) to violate any of the requirements relating to production contracts under section 204.
`(c) Public Policy Considerations- In determining whether an act, device, or anti-competitive practice described in section 201(a), with respect to the production of an agricultural commodity, is unfair, a court may consider whether--
`(1) a reasonable person would consider the act, device, or practice unfair under the circumstances, whether or not the act, device, or practice has previously been found unlawful; or
`(2) the act, device, or practice may violate standards established by Federal or State law (including common law and regulations).
`SEC. 203. PRODUCTION CONTRACTS AND MARKETING CONTRACTS.
`(a) Confidentiality- Any provision of a production contract or a marketing contract that requires that the production contract or marketing contract remain confidential is void, except as the provision applies to a trade secret to which section 552 of title 5, United States Code, applies.
`(b) Arbitration- If a livestock or poultry contract or marketing contract provides for the use of arbitration to resolve a controversy under the livestock or poultry contract or marketing contract, arbitration may be used to settle the controversy only if, after the controversy arises, both parties consent in writing to use arbitration to settle the controversy.
`SEC. 204. PRODUCTION CONTRACTS.
`(a) Right of Contract Producers To Cancel Production Contracts-
`(1) IN GENERAL- A contract producer may cancel a production contract by mailing a cancellation notice to the contractor not later than the later of--
`(A) the date that is 3 business days after the date on which the production contract is executed; or
`(B) any cancellation date specified in the production contract.
`(2) DISCLOSURE- A production contract shall clearly disclose--
`(A) the right of the contract producer to cancel the production contract;
`(B) the method by which the contract producer may cancel the production contract; and
`(C) the deadline for canceling the production contract.
`(b) Production Contracts Involving Investment Requirements-
`(1) APPLICABILITY- This subsection applies only to a production contract between a contract producer and a contractor if, but for the production contract, the contract producer would not have made a capital investment of $100,000 or more.
`(2) RESTRICTIONS ON CONTRACT TERMINATION-
`(A) NOTICE OF TERMINATION- Except as provided in subparagraph (C), a contractor shall not terminate or cancel a production contract unless the contractor provides the contract producer with written notice of the intention of the contractor to terminate or cancel the production contract at least 180 days before the effective date of the termination or cancellation.
`(B) REQUIREMENTS- The written notice required under subparagraph (A) shall include alleged causes of the termination.
`(C) EXCEPTIONS- A contractor may terminate or cancel a production contract without notice as required under subparagraph (A) if the basis for the termination or cancellation is--
`(i) a voluntary abandonment of the contractual relationship by the contract producer, such as a complete failure of the contract producer to perform under the production contract;
`(ii) the conviction of the contract producer of an offense of fraud or theft committed against the contractor; or
`(iii) the natural end of the production contract in accordance with the terms of the production contract.
`(D) RIGHT TO CURE-
`(i) IN GENERAL- If, not later than 180 days after the date on which the contract producer receives written notice under subparagraph (A), the contract producer remedies each cause of the breach of contract alleged in the written notice, the contractor may not terminate or cancel a production contract under this paragraph.
`(ii) NO ADMISSION OF BREACH- The remedy or attempt to remedy the causes for the breach of contract by the contract producer under clause (i) does not constitute an admission of breach of contract.
`(c) Additional Capital Investments in Production Contracts-
`(1) IN GENERAL- A covered person shall not require a contract producer to make additional capital investments in connection with a production contract that exceed the initial investment requirements of the production contract.
`(2) EXCEPTIONS- Notwithstanding paragraph (1), a covered person may require additional capital investments if--
`(A) the additional capital investments are offset by reasonable additional consideration, including compensation or a modification to the terms of the production contract; and
`(B) the contract producer agrees in writing that there is acceptable and satisfactory consideration for the additional capital investment.
`SEC. 205. AUTHORITY OF SECRETARY TO PROMULGATE RULES AND REGULATIONS.
`The Secretary, acting through the Special Counsel for Competition Matters, may promulgate such rules and regulations as are necessary to carry out this Act and the Packers and Stockyards Act, 1921 (
`(1) relating to unfair, unjustly discriminatory, or deceptive acts, devices, or anti-competitive practices in agriculture;
`(2) that define with specificity any act, device, or practice that is to be prohibited as unfair, unjustly discriminatory, or any deceptive act, device, or anti-competitive practice in agriculture under section 201 or 202; and
`(3) to prevent any unfair, unjustly discriminatory, or deceptive act, device, or anti-competitive practice from occurring in agriculture.
`SEC. 206. ENFORCEMENT.
`(a) Civil Actions by the Secretary Against Covered Persons- In any case in which the Secretary has reasonable cause to believe that any covered person has engaged in any act or practice that violates this Act, the Secretary may bring a civil action in the United States district court of the jurisdiction of residence of the covered person by filing a complaint requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, against the covered person.
`(b) Civil Actions Against Covered Persons-
`(1) PREVENTIVE RELIEF-
`(A) IN GENERAL- In any case in which any covered person has engaged, or there are reasonable grounds to believe that any covered person is about to engage, in any act or practice prohibited by this Act, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved in the United States district court of the jurisdiction of residence of the aggrieved person.
`(B) SECURITY- The court may provide that no restraining order or preliminary injunction shall issue unless security is provided by the applicant, in such sum as the court determines to be appropriate, for the payment of such costs and damages as may be incurred or suffered by any party that is found to have been wrongfully enjoined or restrained.
`(2) DAMAGES-
`(A) IN GENERAL- Any person injured in the business or property of the person by reason of any violation of, or combination or conspiracy to violate, this Act may bring a civil action in the United States district court of the jurisdiction of residence of the injured person or any State court of competent jurisdiction to recover--
`(i) damages sustained by the person as a result of the violation; and
`(ii) any additional penalty that the court may allow, but not more than $1,000 per violation.
`(B) LIMITATION ON ACTIONS- A civil action under subparagraph (A) shall be barred unless commenced within 4 years after the cause of action accrues.
`(3) ATTORNEYS' FEES- In any action commenced under paragraph (1) or (2), the court may allow the prevailing party the costs of the litigation, including reasonable attorneys' fees.
`(c) Jurisdiction of District Courts- Not later than 4 years after the date on which a violation of this Act occurs, an action to enforce this Act may be brought in--
`(1) the United States district court of the jurisdiction of residence of the aggrieved person, notwithstanding the fact that an aggrieved person has not exhausted all administrative or other remedies provided by law; or
`(2) any other court of competent jurisdiction in the State of residence of the aggrieved person.
`(d) Choice of Law, Jurisdiction, and Venue-
`(1) CHOICE OF LAW- Any provision in a production contract requiring the application of the law of a State other than the State in which the producer resides is void and unenforceable.
`(2) JURISDICTION- A covered person that enters into a production contract with a producer shall be subject to personal jurisdiction in the State in which the producer resides.
`(3) VENUE- Venue shall be determined on the basis of the residence of the producer.
`(e) Liability for Acts of Agents- In the construction and enforcement of this Act, the act, omission, or failure of any officer, agent, or person acting for or employed by any other person within the scope of the employment or office of the officer, agent, or person, shall be considered to be the act, omission, or failure of the other person.
`SEC. 207. EFFECT ON OTHER LAWS.
`(a) State Laws-
`(1) IN GENERAL- Subject to paragraph (2), this Act does not annul, alter, or affect, or exempt any person subject to this Act from complying with, the law of any State with respect to trade practices in agriculture.
`(2) EXCEPTION-
`(A) IN GENERAL- This Act annuls, alters, or affects, or exempts a person from, a State law referred to in paragraph (1) to the extent the State law is inconsistent with this Act.
`(B) INCONSISTENCY- For the purposes of this paragraph, a State law is not inconsistent with this Act if the protection that the law affords any producer is greater than the protection provided to a producer by this Act.
`(b) State Courts- This Act does not deprive a State court of jurisdiction under a State law dealing with the same subject as this Act.
`(c) Relationship to Other Laws- The Packers and Stockyards Act, 1921 (
`SEC. 208. ASSIGNMENT OF ASSOCIATION DUES AND FEES.
`(a) In General- A producer of an agricultural commodity or service may execute, as a clause in a production contract or a marketing contract, an assignment of dues or fees to, or the deduction of a sum to be retained by, an association of producers authorized by contract to represent the producer, under which assignment a covered person shall--
`(1) deduct a portion of the amount to be paid for products or services of the producer under a production contract or a marketing contract; and
`(2) pay, on behalf of the producer, the portion over to the association as dues or fees or a sum to be retained by the association.
`(b) Duty of Covered Person- After a covered person receives notice from a producer of an assignment under subsection (a), the covered person shall--
`(1) deduct the amount authorized by the assignment from the amount paid for any agricultural commodity sold by the producer or for any service rendered under any production contract or marketing contract; and
`(2) on payment to producers for the product or service, pay the amount over to the association or the assignee of the association.
`SEC. 209. SEVERABILITY.
`If any provision of this Act or application of any provision of this Act is held invalid, the remainder of this Act and the application of the provision to other persons and circumstances shall not be affected by the invalidity.'.
SEC. 432. APPLICATION.
The amendment made by section 101 applies to any contract entered into on or after the date of enactment of this Act.
TITLE V--CONSERVATION
SEC. 501. CONSERVATION ACCESS INITIATIVE TO ENCOURAGE GREATER PARTICIPATION BY SOCIALLY DISADVANTAGED FARMERS AND RANCHERS IN CONSERVATION PROGRAMS.
(a) Definitions- In this section:
(1) SOCIALLY DISADVANTAGED GROUP- The term `socially disadvantaged group' means a group of persons whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.
(2) SOCIALLY DISADVANTAGED FARMER OR RANCHER- The term `socially disadvantaged farmer or rancher' means a farmer or rancher who is a member of a socially disadvantaged group.
(3) ELIGIBLE ENTITY- The term `eligible entity' means any of the following:
(A) Any community-based organization, network, or coalition of community-based organizations that--
(i) has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers or ranchers;
(ii) has provided to the Secretary of Agriculture documentary evidence of work with socially disadvantaged farmers or ranchers for not less than a five-year period preceding the submission of an application for assistance under this section; and
(iii) does not engage in activities prohibited under section 501(c)(3) of the Internal Revenue Code of 1986.
(B) An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (
(C) An 1890 institution or 1994 institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (
(D) An Indian tribal community college or an Alaska Native cooperative college.
(E) An Hispanic-serving institution (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
(F) Any other institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (
(b) Initiative- With respect to all programs authorized or amended by this title, the Secretary of Agriculture shall establish a conservation initiative for socially disadvantaged farmers or ranchers. With respect to such programs that serve an Indian tribe, the Secretary shall be required to pay the costs of office space to carry out conservation functions authorized under this section.
(c) Special Rule for Cost-Share Payments- Notwithstanding the actual cost sharing requirements imposed by a program authorized or amended by this title, the Secretary of Agriculture may pay up to 100 percent of the costs incurred by a socially disadvantaged farmer or rancher to participate in the program.
(d) Outreach and Assistance- The Secretary of Agriculture shall carry out an outreach and technical assistance program to encourage and assist socially disadvantaged farmers or ranchers to participate equitably in the full range of agricultural programs authorized or amended by this title.
(e) Grants and Contracts- The Secretary of Agriculture may make grants to, and enter into contracts and other agreements with, an eligible entity to provide information and technical assistance to socially disadvantaged farmers or ranchers so that they can participate equitably in the full range of agricultural programs authorized or amended by this title.
(f) Relationship to Other Law- The authority to carry out this section shall be in addition to any other authority provided in this or any other Act.
(g) Funding- The Secretary of Agriculture may reserve up to 10 percent of the funds provided for a fiscal year for financial assistance under the conservation programs under subtitle D of title XII of the Food Security Act of 1985 (
SEC. 502. OTHER DIVERSITY PROVISIONS.
Each conservation program would be amended in order to accomplish the following:
(1) Increase funding and expand opportunities in the NRCS Small Farm Initiative for socially disadvantaged farmers and ranchers.
(2) Global cost share across programs should be established at or above 95 percent for socially disadvantaged farmers and ranchers, and provisions should be adopted to allow up-front payments to these farmers.
(3) Catch up provisions including percentage set asides should be provided to fill in gaps in support for socially disadvantaged farmers and ranchers should be included to provide assistance in key areas such as irrigation.
SEC. 503. CONSERVATION RESERVE PROGRAM.
(a) Extension-
(1) FUNDING EXTENSION- Section 1241(a) of the Food Security Act of 1985 (
(A) in the matter preceding paragraph (1), by striking `2007' and inserting `2013'; and
(B) in paragraph (1), by striking `The' and inserting `For each of fiscal years 2002 through 2013, the'.
(2) CONFORMING AMENDMENTS- Section 1231 of such Act (
(A) in subsection (a), by striking `2007' and inserting `2013';
(B) in subsection (d), by striking `2007' and inserting `2013';
(C) in subsection (e)(3), by striking `2002' and inserting `2008'; and
(D) in subsection (h)(1), by striking `2007' and inserting `2013'.
(b) Eligible Land- Section 1231(b) of such Act (
(1) by striking the period at the end of paragraph (1) and inserting a semicolon;
(2) by striking `or' at the end of paragraph (4)(C);
(3) by striking the period at the end of paragraph (5) and inserting `; or'; and
(4) by adding at the end the following new paragraphs:
`(6) marginal pasture land or hay land that is otherwise ineligible, if the land is to be devoted to native vegetation appropriate to the locale and--
`(A) will provide suitable habitat for State or federally listed threatened or endangered species or species determined by the Secretary of the Interior to be species of concern; or
`(B) will contribute to the restoration of an endangered ecosystem or rare and declining forest ecosystem, as defined by the Secretary.'.
(c) Enrollment Goals- Section 1231(d) of such Act (
(1) by striking `The Secretary' and inserting:
`(1) ACREAGE AUTHORIZED- The Secretary'; and
(2) by adding at the end the following new paragraph:
`(2) ENROLLMENT GOALS- For the period beginning on the date of the enactment of this paragraph and ending on December 31, 2013, the Secretary shall establish a goal--
`(A) to enroll not less than 7,000,000 acres of eligible land, including land to be devoted to the restoration of rare and declining forests, through the continuous enrollment program and the conservation reserve enhancement program; and
`(B) to maintain enrollment of at least 7,800,000 acres in the Prairie Pothole Region National Conservation Priority Area.'.
(d) Contracts To Restore Rare and Declining Forests- (d) Section 1231(e)(2) of such Act (
`(C) RARE AND DECLINING FORESTS- In the case of land to be devoted to the restoration of rare and declining forest ecosystems, as determined by the Secretary, the Secretary may enter into contracts of more than 15 years.'.
(e) Balance of Natural Resource Purposes- Section 1231(j) of such Act (
(1) by striking `In determining' and inserting the following:
`(1) EQUITABLE BALANCE OF CONSERVATION PURPOSES- In determining';
(2) by striking the period at the end and inserting `, but need not b
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