U.S. Congress - Text of S.1422 as Introduced in Senate Farm Risk Management Act for the 21st Century
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Donate NowS.1422 - Farm Risk Management Act for the 21st Century
A bill to direct the Secretary of Agriculture to establish a program to provide to agricultural operators and producers a reserve to assist in the stabilization of farm income during low-revenue years, to assist operators and producers to invest in value-added farms, to promote higher levels of environmental stewardship, and for other purposes.
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S 1422 ISCommentsClose CommentsPermalink
To direct the Secretary of Agriculture to establish a program to provide to agricultural operators and producers a reserve to assist in the stabilization of farm income during low-revenue years, to assist operators and producers to invest in value-added farms, to promote higher levels of environmental stewardship, and for other purposes.CommentsClose CommentsPermalink
May 17, 2007
Mr. LUGAR introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
To direct the Secretary of Agriculture to establish a program to provide to agricultural operators and producers a reserve to assist in the stabilization of farm income during low-revenue years, to assist operators and producers to invest in value-added farms, to promote higher levels of environmental stewardship, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Farm Risk Management Act for the 21st Century'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Definition of Secretary.CommentsClose CommentsPermalink
TITLE I--RISK MANAGEMENT ACCOUNTS
Sec. 1001. Definitions.CommentsClose CommentsPermalink
Sec. 1002. Risk management account contracts.CommentsClose CommentsPermalink
Sec. 1003. Treatment of risk management account accounts on transfer.CommentsClose CommentsPermalink
Sec. 1004. Tax treatment of risk management account accounts.CommentsClose CommentsPermalink
Sec. 1005. Administration.CommentsClose CommentsPermalink
Sec. 1006. Commodity programs.CommentsClose CommentsPermalink
TITLE II--CONSERVATION
Subtitle A--Wetlands Reserve Program
Sec. 2001. Wetlands reserve program.CommentsClose CommentsPermalink
Subtitle B--Environmental Quality Incentives
Sec. 2101. Environmental quality incentives program.CommentsClose CommentsPermalink
Subtitle C--Grassland Reserve
Sec. 2201. Grassland reserve program.CommentsClose CommentsPermalink
Subtitle D--Funding and Administration
Sec. 2301. Funding and administration.CommentsClose CommentsPermalink
TITLE III--MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM
Sec. 3001. McGovern-Dole International Food for Education and Child Nutrition Program.CommentsClose CommentsPermalink
TITLE IV--NUTRITION PROGRAMS
Subtitle A--Food Stamp Program
Sec. 4001. Exclusion of combat-related military pay from countable income.CommentsClose CommentsPermalink
Sec. 4002. Strengthening the food purchasing power of low-income Americans.CommentsClose CommentsPermalink
Sec. 4003. Supporting working families with child care expenses.CommentsClose CommentsPermalink
Sec. 4004. Exclusion of retirement accounts from countable financial resources.CommentsClose CommentsPermalink
Sec. 4005. Supporting State efforts during natural disasters.CommentsClose CommentsPermalink
Sec. 4006. Simplified reporting.CommentsClose CommentsPermalink
Sec. 4007. Minimum benefit.CommentsClose CommentsPermalink
Sec. 4008. Reauthorization of food stamp program, food distribution program on Indian reservations, and the commodity supplemental food program.CommentsClose CommentsPermalink
Sec. 4009. Outreach grants.CommentsClose CommentsPermalink
Sec. 4010. Funds to States for improving and innovating program access and integrity.CommentsClose CommentsPermalink
Sec. 4011. Assistance for community food projects.CommentsClose CommentsPermalink
Sec. 4012. Commodities for the emergency food assistance program.CommentsClose CommentsPermalink
Sec. 4013. Community food assistance and food bank infrastructure competitive grants.CommentsClose CommentsPermalink
Subtitle B--Child Nutrition and Related Programs
Sec. 4101. Summer food service program for children.CommentsClose CommentsPermalink
Sec. 4102. Fruit and vegetable program.CommentsClose CommentsPermalink
Sec. 4103. Farm to school program.CommentsClose CommentsPermalink
Subtitle C--Miscellaneous
Sec. 4203. Food for the hungry transportation grant program.CommentsClose CommentsPermalink
TITLE V--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
Sec. 5001. Forest Land Enhancement Program.CommentsClose CommentsPermalink
Subtitle B--Amendments to Other Laws
Sec. 5101. Healthy forests reserve program.CommentsClose CommentsPermalink
TITLE VI--ENERGY
Sec. 6001. Federal procurement of biobased products.CommentsClose CommentsPermalink
Sec. 6002. Biorefinery development grants.CommentsClose CommentsPermalink
Sec. 6003. Rural energy innovation program.CommentsClose CommentsPermalink
Sec. 6004. Rural energy for America program.CommentsClose CommentsPermalink
Sec. 6005. Biomass research and development.CommentsClose CommentsPermalink
TITLE VII--MISCELLANEOUS
Subtitle A--Crop Insurance
Sec. 7001. Adjusted gross revenue insurance pilot program.CommentsClose CommentsPermalink
Sec. 7002. Report.CommentsClose CommentsPermalink
Subtitle B--Specialty Crops
Sec. 7101. Farmers' market promotion program.CommentsClose CommentsPermalink
Sec. 7102. Fruit and vegetable nutrition promotion program.CommentsClose CommentsPermalink
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term `Secretary' means the Secretary of Agriculture.CommentsClose CommentsPermalink
TITLE I--RISK MANAGEMENT ACCOUNTS
SEC. 1001. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) ADJUSTED GROSS REVENUE- The term `adjusted gross revenue', with respect to a farm of an operator or producer, means the adjusted gross income of the farm, as determined by the Secretary, from the sale or transfer of eligible commodities of the farm, as calculated--CommentsClose CommentsPermalink
(A) taking into consideration the gross receipts (including insurance indemnities) from each sale;CommentsClose CommentsPermalink
(B) including all farm payments received by the operator or producer from any Federal, State, or local government agency relating to the eligible commodities;CommentsClose CommentsPermalink
(C) by deducting the cost or basis of any eligible livestock or other item purchased for resale, such as feeder livestock, by the farm;CommentsClose CommentsPermalink
(D) excluding any revenue that does not arise from the sale of eligible commodities of the farm, such as revenue associated with the packaging, merchandising, marketing, or reprocessing beyond what is typically carried out by a producer of the eligible commodity, as determined by the Secretary; andCommentsClose CommentsPermalink
(E) using such adjustments, additions, and additional documentation as the Secretary determines to be appropriate, as presented on--CommentsClose CommentsPermalink
(i) a schedule F form of the Federal income tax returns of the operator or producer; orCommentsClose CommentsPermalink
(ii) a comparable tax form relating to the farm, as approved by the Secretary.CommentsClose CommentsPermalink
(2) AGRICULTURAL CROP- The term `agricultural crop' means any annual or perennial crop raised or produced by an operator or producer.CommentsClose CommentsPermalink
(3) APPLICABLE YEAR- The term `applicable year' means a fiscal year covered by a risk management account contract.CommentsClose CommentsPermalink
(4) AVERAGE ADJUSTED GROSS REVENUE- The term `average adjusted gross revenue' means--CommentsClose CommentsPermalink
(A) the rolling average of the adjusted gross revenue of an operator or producer for each of the 5 preceding taxable years; orCommentsClose CommentsPermalink
(B) in the case of a beginning farmer or rancher, or another agricultural operation that does not have adjusted gross revenue for each of the 5 preceding taxable years, the estimated income of the operation for the applicable year, as determined by the Secretary.CommentsClose CommentsPermalink
(5) DAIRY PRODUCT- The term `dairy product' means fluid milk produced on a farm or ranch.CommentsClose CommentsPermalink
(6) ELIGIBLE COMMODITY- The term `eligible commodity' means--CommentsClose CommentsPermalink
(A) an agricultural crop; andCommentsClose CommentsPermalink
(B) a dairy product.CommentsClose CommentsPermalink
(7) FARM-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `farm' means any parcel of land used for the raising or production of an eligible commodity that is considered to be a separate operation, as determined by the Secretary.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term `farm' includes--CommentsClose CommentsPermalink
(i) any parcel of land and related agricultural production facilities on which an operator or producer has more than de minimis operational control; andCommentsClose CommentsPermalink
(ii) any parcel of land subject to more than de minimis common ownership, as determined by the Secretary, unless the common owners of the parcel--CommentsClose CommentsPermalink
(I) except with respect to a conservation condition established in an applicable rental agreement, do not have operational control regarding any portion of the parcel; andCommentsClose CommentsPermalink
(II) do not share in the proceeds of the parcel, other than cash rent.CommentsClose CommentsPermalink
(C) EXCLUSION- The term `farm' does not include a parcel that is not a portion of a farm subject to a risk management account contract.CommentsClose CommentsPermalink
(D) APPLICABILITY OF CFR- Except as otherwise provided in this title or by the Secretary, by regulation, part 718 of title 7, Code of Federal Regulations (or successor regulations), shall apply to the definition, constitution, and reconstitution of a farm for purposes of this paragraph.CommentsClose CommentsPermalink
(8) OPERATOR- The term `operator' means a producer who controls an agricultural operation on a farm, as determined by the Secretary.CommentsClose CommentsPermalink
(9) PRODUCER- The term `producer' means a person that, as determined by the Secretary, for an applicable year--CommentsClose CommentsPermalink
(A) shares in the risk of producing, or provides a material contribution in producing, an eligible commodity;CommentsClose CommentsPermalink
(B) has a substantial beneficial interest in the farm on which the eligible commodity is produced;CommentsClose CommentsPermalink
(C)(i) for each of the 5 preceding taxable years, has filed--CommentsClose CommentsPermalink
(I) a schedule F form of the Federal income tax return relating to the eligible commodity; orCommentsClose CommentsPermalink
(II) a comparable tax form related to the eligible commodity, as approved by the Secretary; orCommentsClose CommentsPermalink
(ii) is a beginning farmer or rancher, or another producer that does not have adjusted gross revenue for each of the 5 preceding taxable years, as determined by the Secretary; andCommentsClose CommentsPermalink
(D)(i) during the 5 preceding taxable years, has earned at least $10,000 in average adjusted gross revenue;CommentsClose CommentsPermalink
(ii) is a limited resource farmer or rancher, as determined by the Secretary; orCommentsClose CommentsPermalink
(iii) in the case of a beginning farmer or rancher, or another producer that does not have adjusted gross revenue for each of the 5 preceding taxable years, has at least $10,000 in estimated income from all farms for the applicable year, as determined by the Secretary.CommentsClose CommentsPermalink
(10) RISK MANAGEMENT ACCOUNT- The term `risk management account' means a farm income stabilization assistance account maintained at a qualified financial institution in accordance with such terms as the Secretary may establish.CommentsClose CommentsPermalink
(11) RISK MANAGEMENT ACCOUNT CONTRACT- The term `risk management account contract' means a farm income stabilization assistance contract entered into under section 1002.CommentsClose CommentsPermalink
SEC. 1002. RISK MANAGEMENT ACCOUNT CONTRACTS.
(a) Establishment of Program- The Secretary shall establish and carry out a program under which the Secretary shall offer to enter into contracts with eligible operators and producers in accordance with this section--CommentsClose CommentsPermalink
(1) to provide to the operators and producers a reserve to assist in the stabilization of farm income during low-revenue years;CommentsClose CommentsPermalink
(2) to assist operators and producers to invest in value-added farms; andCommentsClose CommentsPermalink
(3) to recognize high levels of environmental stewardship.CommentsClose CommentsPermalink
(b) Eligibility-CommentsClose CommentsPermalink
(1) IN GENERAL- Any operator that has participated in a commodity program under title I of the Farm Security and Rural Investment Act of 2002 (
(2) OTHER PRODUCERS- A producer that is not an operator described in paragraph (1) shall be eligible to enter into a risk management account contract for agricultural production during each of fiscal years 2008 through 2014.CommentsClose CommentsPermalink
(3) LIMITATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- No farm or portion of a farm shall be subject to more than 1 risk management account contract during any fiscal year.CommentsClose CommentsPermalink
(B) MULTIPLE RISK MANAGEMENT ACCOUNT CONTRACTS-CommentsClose CommentsPermalink
(i) IN GENERAL- Except as provided in clause (ii), no operator or producer shall participate or have a beneficial interest in more than 1 risk management account contract during any fiscal year.CommentsClose CommentsPermalink
(ii) EXCEPTION- Notwithstanding clause (i), an operator that is eligible to receive a transition payment during a fiscal year, and that participates or has a beneficial interest in a risk management account contract during that fiscal year, may enter into an additional risk management account contract during the fiscal year if--CommentsClose CommentsPermalink
(I) the additional risk management account contract is entered into solely for the purpose of receiving the transition payment; andCommentsClose CommentsPermalink
(II) the operator is not otherwise eligible to participate or have a beneficial interest in the additional risk management account contract.CommentsClose CommentsPermalink
(c) Risk Management Accounts-CommentsClose CommentsPermalink
(1) IN GENERAL- Each risk management account contract entered into under this section shall establish, in the name of the farm of the operator or producer, as applicable, in an appropriate financial institution and subject to such investment rules and other procedures as the Secretary, on approval of the Secretary of the Treasury, determines to be necessary to provide reasonable assurance of the viability and stability of the account, a risk management account, to consist of--CommentsClose CommentsPermalink
(A) such amounts as are transferred to the risk management account by the Secretary during an applicable year in accordance with paragraph (2) (including the amendments made by that paragraph); andCommentsClose CommentsPermalink
(B) such amounts as are voluntarily contributed by the operator or producer during the applicable year in accordance with paragraph (6).CommentsClose CommentsPermalink
(2) TRANSFERS-CommentsClose CommentsPermalink
(A) AVAILABILITY OF DIRECT PAYMENTS- Section 1103 of the Farm Security and Rural Investment Act of 2002 (
(i) in subsection (a), by striking `For each of the 2002 through 2007' and inserting `For each of the 2008 through 2014';CommentsClose CommentsPermalink
(ii) in subsection (c), by adding at the end the following:CommentsClose CommentsPermalink
`(4)(A) In crop year 2008, 90 percent.CommentsClose CommentsPermalink
`(B) In crop year 2009, 85 percent.CommentsClose CommentsPermalink
`(C) In crop year 2010, 50 percent.CommentsClose CommentsPermalink
`(D) In crop year 2011, 25 percent.CommentsClose CommentsPermalink
`(E) In each of crop years 2012 and 2013, 10 percent.CommentsClose CommentsPermalink
`(F) In crop year 2014, 0 percent.' andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(e) Risk Management Accounts- Of the total amount of direct payments made to producers on a farm under this section, the following amounts shall be deposited into risk management accounts established under section 1002 of the Farm Risk Management Act for the 21st Century:CommentsClose CommentsPermalink
`(1) In each of crop years 2008 and 2009, 50 percent.CommentsClose CommentsPermalink
`(2) In each of crop years 2010 and 2011, 75 percent.CommentsClose CommentsPermalink
`(3) In each of crop years 2012 and 2013, 100 percent.'.CommentsClose CommentsPermalink
(B) AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS- Section 1104 of the Farm Security and Rural Investment Act of 2002 (
(i) by striking `2007' each place it appears (other than paragraphs (3)(B) and (4)(B) of subsection (f)) and inserting `2008'; andCommentsClose CommentsPermalink
(ii) in subsection (f)--CommentsClose CommentsPermalink
(I) in paragraph (3)(B)--CommentsClose CommentsPermalink
(aa) in the subparagraph heading, by striking `2007 CROP YEAR' and inserting `2007 AND 2008 CROP YEARS'; andCommentsClose CommentsPermalink
(bb) by striking `the 2007 crop year' and inserting `each of the 2007 and 2008 corp years'; andCommentsClose CommentsPermalink
(II) in paragraph (4)(B)--CommentsClose CommentsPermalink
(aa) in the subparagraph heading, by striking `2007 CROP YEAR' and inserting `2007 AND 2008 CROP YEARS'; andCommentsClose CommentsPermalink
(bb) by striking `the 2007 crop year' each place it appears and inserting `each of the 2007 and 2008 crop years'.CommentsClose CommentsPermalink
(C) DAIRY- Section 1502 of the Farm Security and Rural Investment Act of 2002 (
`SEC. 1502. DAIRY.
`(a) In General- For each of fiscal years 2008 through 2012, the Secretary shall make an equal annual payment to producers on a dairy farm.CommentsClose CommentsPermalink
`(b) Amount- The total amount of payments made under subsection (a) to the producers on a dairy farm shall be equal to 25 percent of the average amount of payments that the producers on the dairy farm received under this section during the period of fiscal years 2003 through 2007.CommentsClose CommentsPermalink
`(c) Availability of Payments- For each payment described in subsection (a)--CommentsClose CommentsPermalink
`(1) 50 percent shall be made directly to the producer; andCommentsClose CommentsPermalink
`(2) 50 percent shall be placed in the risk management account for the producers on the dairy farm established pursuant to section 1002 of the Farm Risk Management Act for the 21st Century.'.CommentsClose CommentsPermalink
(D) STEWARDSHIP PAYMENTS-CommentsClose CommentsPermalink
(i) AMOUNT-CommentsClose CommentsPermalink
(I) IN GENERAL- For each applicable year during fiscal years 2010 through 2014, the Secretary shall transfer to the risk management account of an operator or producer described in subclause (II) a stewardship payment in an amount equal to a percentage, as determined under clause (ii), of the adjusted gross revenue of the operator or producer for the applicable year, based on the level of stewardship of the conservation plan, as determined by the Chief of the Natural Resources Conservation Service, in accordance with subsection (d).CommentsClose CommentsPermalink
(II) ELIGIBILITY- To be eligible to receive a stewardship payment under subclause (I), an operator or producer shall comply with a conservation plan that describes the conservation and performance measures to be maintained or achieved on the farm of the operator or producer.CommentsClose CommentsPermalink
(ii) PERCENTAGES- The Secretary shall transfer to the risk management account of an operator or producer described in clause (i) an amount equal to--CommentsClose CommentsPermalink
(I) for an operator or producer that complies with a level 1 conservation plan, $0;CommentsClose CommentsPermalink
(II) for an operator or producer that complies with a level 2 conservation plan, an amount equal to the sum of--CommentsClose CommentsPermalink
(aa) 3 percent of the adjusted gross revenue of the operator or producer that are not more than $250,000; andCommentsClose CommentsPermalink
(bb) 0.5 percent of the adjusted gross revenue of the operator or producer that are more than $250,000 and less than $1,000,000; andCommentsClose CommentsPermalink
(III) for an operator or producer that complies with a level 3 conservation plan, an amount equal to the sum of--CommentsClose CommentsPermalink
(aa) 4 percent of adjusted the gross revenue of the operator or producer that are not more than $250,000; andCommentsClose CommentsPermalink
(bb) 1 percent of adjusted the gross revenue of the operator or producer that are more than $250,000 and less than $1,000,000.CommentsClose CommentsPermalink
(3) OPERATOR AND PRODUCER CONTRIBUTIONS- During any applicable year, an operator or producer may voluntarily contribute to the risk management account of the operator or producer not more than $8,000.CommentsClose CommentsPermalink
(4) WITHDRAWALS-CommentsClose CommentsPermalink
(A) IN GENERAL- An operator or producer may withdraw amounts in the risk management account of the operator or producer only--CommentsClose CommentsPermalink
(i) for an applicable year during which the adjusted gross revenue of the operator or producer is equal to less than 95 percent of the average adjusted gross revenue of the operator or producer, in an amount that is equal to the lesser of--CommentsClose CommentsPermalink
(I) the difference between--CommentsClose CommentsPermalink
(aa) the average adjusted gross revenue of the operator or producer; andCommentsClose CommentsPermalink
(bb) the adjusted gross revenue of the operator or producer; andCommentsClose CommentsPermalink
(II) the amount of coverage that could be purchased under an adjusted gross revenue product available to the operator or producer through the Federal crop insurance program;CommentsClose CommentsPermalink
(ii) for investment in a value-added agricultural operation that contributes to the agricultural economy, as determined by the Secretary, and is not farmland or equipment used to produce raw agricultural products, an amount equal to the product obtained by multiplying--CommentsClose CommentsPermalink
(I) the total amount in the risk management account of the operator or producer on September 30 of the preceding applicable year; andCommentsClose CommentsPermalink
(II) 10 percent;CommentsClose CommentsPermalink
(iii) as the Secretary determines to be necessary to protect the solvency of a farm of the operator or producer; orCommentsClose CommentsPermalink
(iv) to purchase revenue insurance or crop insurance.CommentsClose CommentsPermalink
(B) TRANSFER TO IRA ACCOUNT- In any calendar year, an individual operator or producer aged 65 years or older who is the holder of a risk management account in existence for at least 5 years may elect to rollover not more than 15 percent of the balance of the risk management account into an individual retirement account pursuant to section 408 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
(5) LIMITATIONS-CommentsClose CommentsPermalink
(A) ATTRIBUTION REQUIREMENT- The Secretary shall ensure that each payment transferred to a risk management account under this subsection is attributed to an individual operator or producer that is a party to the applicable risk management account contract.CommentsClose CommentsPermalink
(B) NO INDIVIDUAL BENEFIT-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary shall ensure that no individual operator or producer receives a direct benefit from more than 1 risk management account account.CommentsClose CommentsPermalink
(ii) PROPORTIONAL REDUCTION- The Secretary shall reduce the amount of a standard payment or stewardship payment under this subsection in an amount equal to the proportion that--CommentsClose CommentsPermalink
(I) the amount of each direct or indirect benefit received by the applicable individual operator or producer under the applicable risk management account contract; bears toCommentsClose CommentsPermalink
(II) the amount of any direct or indirect benefit received by the individual operator or producer under any other risk management account contract under which a standard or stewardship payment is transferred to a risk management account.CommentsClose CommentsPermalink
(C) MAXIMUM AMOUNT- The total amount of standard and stewardship payments attributed to an individual operator or producer for any applicable year shall not exceed the maximum total payment a risk management account is eligible to receive during the applicable year.CommentsClose CommentsPermalink
(6) CONSERVATION COMPLIANCE- Each operator, and each holder of a beneficial interest in a farm subject to a risk management account contract, shall comply with--CommentsClose CommentsPermalink
(A) applicable highly erodible land conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (
(B) applicable wetland conservation requirements under subtitle C of title XII of that Act (
(7) REGULATIONS- The Secretary shall promulgate such regulations as the Secretary determines to be necessary to carry out this subsection.CommentsClose CommentsPermalink
(d) Administration of Stewardship Payments-CommentsClose CommentsPermalink
(1) DETERMINATION OF LEVELS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall establish a stewardship index through which conservation plans of farms that are subject to risk management account contracts shall be categorized.CommentsClose CommentsPermalink
(B) LEVELS- The index under subparagraph (A) shall be comprised of 5 levels, of which--CommentsClose CommentsPermalink
(i) level 1 shall represent the lowest level of stewardship of a conservation plan; andCommentsClose CommentsPermalink
(ii) level 5 shall represent the highest level of stewardship of a conservation plan.CommentsClose CommentsPermalink
(C) REQUIREMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary shall ensure that each level of the index consists of an equal number of farms.CommentsClose CommentsPermalink
(ii) FACTORS FOR CONSIDERATION- In classifying farms into the index under this paragraph, the Secretary shall take into consideration--CommentsClose CommentsPermalink
(I) the production type of the farms; andCommentsClose CommentsPermalink
(II) such other factors as the Secretary determines to be appropriate to ensure that each farm is evaluated using the same criteria.CommentsClose CommentsPermalink
(2) ELIGIBILITY- To be eligible to receive a stewardship payment under subsection (c)(2)(D), an operator or producer shall--CommentsClose CommentsPermalink
(A) ensure that the farm of the operator or producer complies with a conservation plan that--CommentsClose CommentsPermalink
(i) describes the conservation practices, measures, and performance standards to be achieved by the farm to maintain the stewardship level of the conservation plan; andCommentsClose CommentsPermalink
(ii) is objective, specific, and written in plain language, to the maximum extent practicable;CommentsClose CommentsPermalink
(B) submit to the Secretary--CommentsClose CommentsPermalink
(i) together with the risk management account contract of the operator or producer a copy of the conservation plan of the applicable farm (including a concise summary of the plan); andCommentsClose CommentsPermalink
(ii) a certified application at such time, in such manner, and containing such information as the Secretary may require; andCommentsClose CommentsPermalink
(C) accommodate such on-farm evaluations as the Secretary determines to be necessary.CommentsClose CommentsPermalink
(3) NOTIFICATION- The Secretary shall provide to each operator and producer selected to receive a stewardship payment under paragraph (2) a notification of--CommentsClose CommentsPermalink
(A) the stewardship level of the conservation plan of the applicable farm; andCommentsClose CommentsPermalink
(B) the amount of the stewardship payment to be transferred to the risk management account of the farm.CommentsClose CommentsPermalink
(4) CERTIFICATION REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- As a condition of receiving a stewardship payment under subsection (c)(2)(D) for an applicable year, an operator or producer shall certify to the Secretary that the farm subject to the applicable risk management account contract is in compliance with--CommentsClose CommentsPermalink
(i) the conservation plan of the farm; andCommentsClose CommentsPermalink
(ii) such other conservation requirements as the Secretary may establish.CommentsClose CommentsPermalink
(B) FAILURE TO CERTIFY- In any applicable year during which an operator or producer does not make a certification under subparagraph (A)--CommentsClose CommentsPermalink
(i) the Secretary shall not transfer to the risk management account of the operator or producer a stewardship payment; butCommentsClose CommentsPermalink
(ii) the Secretary shall not--CommentsClose CommentsPermalink
(I) reduce the amount of any other payment to the risk management account; orCommentsClose CommentsPermalink
(II) impose on the operator or producer any other penalty.CommentsClose CommentsPermalink
(5) EVALUATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- To ensure compliance with an applicable conservation plan, the Secretary shall ensure that each farm that receives a stewardship payment under subsection (c)(2)(D) is independently evaluated not less that once during the term of the applicable risk management account contract.CommentsClose CommentsPermalink
(B) CERTIFICATION OF PRIVATE ENTITIES- The Secretary, in coordination with appropriate private, cooperative entities, may certify to carry out evaluations under subparagraph (A) such private entities as the Secretary determines to be appropriate to ensure compliance with conservation plans.CommentsClose CommentsPermalink
(C) REIMBURSEMENT- The Secretary may reimburse the Chief of the Natural Resources Conservation Service for the cost of any evaluation carried out by the Chief under subparagraph (A).CommentsClose CommentsPermalink
SEC. 1003. TREATMENT OF RISK MANAGEMENT ACCOUNT ACCOUNTS ON TRANSFER.
(a) In General- In transferring, by sale or other means, any interest in a farm subject to a risk management account, an operator or producer may elect--CommentsClose CommentsPermalink
(1) to transfer the risk management account to another farm in which the operator or producer--CommentsClose CommentsPermalink
(A) has a controlling ownership interest; orCommentsClose CommentsPermalink
(B) not later than 2 years after the date of the transfer, will acquire a controlling ownership interest;CommentsClose CommentsPermalink
(2) to transfer the risk management account to the purchaser of the interest in the farm, if the purchaser is not already a holder of a risk management account; orCommentsClose CommentsPermalink
(3)(A) if the operator or producer is an individual, to rollover amounts in the risk management account account into an individual retirement account of the operator or producer pursuant to section 408 of the Internal Revenue Code of 1986; orCommentsClose CommentsPermalink
(B) if the operator or producer is not an individual, to transfer amounts in the risk management account into an account of any individual who has a substantial beneficial interest in the farm (including a substantial beneficiary of a trust that holds at least a 50 percent ownership interest in the farm).CommentsClose CommentsPermalink
(b) Transfer or Acquisition of Land or Portion of Operation- The Secretary shall promulgate such regulations as the Secretary determines to be appropriate to require reformulation, reaffirmation, or abandonment of a risk management account contract--CommentsClose CommentsPermalink
(1) on transfer of all or part of a farm under this section; orCommentsClose CommentsPermalink
(2) on any other major change to the farm, as determined by the Secretary.CommentsClose CommentsPermalink
SEC. 1004. TAX TREATMENT OF RISK MANAGEMENT ACCOUNT ACCOUNTS.
(a) Transfers- No transfer by the Secretary, or by an operator or producer, of funds to a risk management account pursuant to this title shall be subject to Federal income tax.CommentsClose CommentsPermalink
(b) Withdrawals- A withdrawal of funds from a risk management account pursuant to section 1002(c)(4) shall be treated as part of the gross income of an operator or producer for the calendar year during which the funds are withdrawn.CommentsClose CommentsPermalink
(c) Rollovers-CommentsClose CommentsPermalink
(1) IN GENERAL- A rollover of amounts in a risk management account into an individual retirement account pursuant to section 1002(c)(4)(B) or 1003(a)(3) shall not be subject to Federal income tax.CommentsClose CommentsPermalink
(2) TERMINATION WITHOUT ROLLOVER- If a risk management account is terminated without a rollover under section 1002(c)(4)(B) or 1003(a)(3), amounts in the risk management account shall be considered to be withdrawn under subsection (b).CommentsClose CommentsPermalink
SEC. 1005. ADMINISTRATION.
(a) Implementation-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall carry out this title through the Farm Services Agency.CommentsClose CommentsPermalink
(2) EXCEPTION- In providing stewardship payments under section 1002(c)(2)(D), the Secretary shall act through the Natural Resources Conservation Service.CommentsClose CommentsPermalink
(b) Compliance- In addition to evaluations under section 1002(d)(5), the Secretary shall conduct random audits of operators and producers subject to risk management account contracts under this title as the Secretary determines to be necessary to ensure compliance with the risk management account contracts.CommentsClose CommentsPermalink
(c) Violations- If the Secretary determines that an operator or producer is in violation of the terms of an applicable risk management account contract--CommentsClose CommentsPermalink
(1) the operator or producer shall refund to the Secretary an amount equal to the amount transferred by the Secretary under section 1002(c)(2) to the affected risk management account during the applicable year in which the violation occurred;CommentsClose CommentsPermalink
(2) for a serious or deliberate violation, as determined by the Secretary--CommentsClose CommentsPermalink
(A) the risk management account contract shall be terminated; andCommentsClose CommentsPermalink
(B) amounts remaining in each applicable risk management account as the result of a transfer by the Secretary under section 1002(c)(2) shall be refunded to the Secretary; andCommentsClose CommentsPermalink
(3) for failure to comply with the terms of an applicable conservation plan during an applicable year in which the operator or producer certified compliance with the plan, the operator or producer shall refund to the Secretary an amount equal to the amount of the stewardship payment under section 1002(c)(2)(D) for each applicable year in which a violation occurred.CommentsClose CommentsPermalink
(d) Regulations- The Secretary shall promulgate such regulations as the Secretary determines to be necessary to carry out this title.CommentsClose CommentsPermalink
(e) Adjusted Gross Income Limitation- The adjusted gross income limitation under section 1001D of the Food Security Act of 1985 (
(f) Commodity Credit Corporation- The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title.CommentsClose CommentsPermalink
SEC. 1006. COMMODITY PROGRAMS.
(a) Repeals- Subtitles A through E of title I of the Farm Security and Rural Investment Act of 2002 (
(b) Planting Flexibility- Section 1106 of the Farm Security and Rural Investment Act of 2002 (
`SEC. 1106. PLANTING FLEXIBILITY.
`Any commodity or crop may be planted on base acres on a farm.'.CommentsClose CommentsPermalink
(c) Recourse Loan Program- Subtitle F of title I of the Farm Security and Rural Investment Act of 2002 (
`SEC. 1619. RECOURSE LOAN PROGRAM.
`For each of the 2008 through 2014 crop years, the Secretary shall establish a recourse loan program for each loan commodity at a rate of interest to be determined by the Secretary.'.CommentsClose CommentsPermalink
(d) Administration-CommentsClose CommentsPermalink
(1) SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY- Section 1602 of the Farm Security and Rural Investment Act of 2002 (
(2) ADJUSTED GROSS INCOME LIMITATION- Section 1001D(e) of the Food Security Act of 1985 (
TITLE II--CONSERVATION
Subtitle A--Wetlands Reserve Program
SEC. 2001. WETLANDS RESERVE PROGRAM.
(a) In General- Section 1237(c) of the Food Security Act of 1985 (
(b) Maximum Enrollment- Section 1237(b)(1) of the Food Security Act of 1985 (
(1) by striking `2,275,000 acres' and inserting `3,500,000 acres'; andCommentsClose CommentsPermalink
(2) by striking `shall enroll' and all that follows through the end of the paragraph and inserting the following: `shall enroll 250,000 acres in each of calendar years 2008 through 2014'.CommentsClose CommentsPermalink
Subtitle B--Environmental Quality Incentives
SEC. 2101. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) In General- Section 1240B(a)(1) of the Food Security Act of 1985 (
(b) Allocation of Funding- Section 1240B(g) of the Food Security Act of 1985 (
(c) Conservation Innovation Grants Program- Section 1240H of the Food Security Act of 1985 (
`(d) Funding- Of the funds of the Commodity Credit Corporation, in addition to amounts made available under section 1241(a)(6) to carry out this chapter, the Secretary shall use to carry out this section, to remain available until expended--CommentsClose CommentsPermalink
`(1) $25,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
`(2) $45,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink
`(3) $65,000,000 for each of fiscal years 2010 through 2014.'.CommentsClose CommentsPermalink
(d) Ground and Surface Water Conservation- Section 1240I(c)(1)(C)) of the Food Security Act of 1985 (
Subtitle C--Grassland Reserve
SEC. 2201. GRASSLAND RESERVE PROGRAM.
Section 1238N(b)(1) of the Food Security Act of 1985 (
Subtitle D--Funding and Administration
SEC. 2301. FUNDING AND ADMINISTRATION.
Section 1241(a) of the Food Security Act of 1985 (
(1) in the matter preceding paragraph (1), by striking `2007' and inserting `2014';CommentsClose CommentsPermalink
(2) in paragraph (2), by striking `The' and inserting `For each of fiscal years 2002 through 2014, the';CommentsClose CommentsPermalink
(3) in paragraph (3)(B), by striking `2015' and inserting `2014';CommentsClose CommentsPermalink
(4) in paragraph (4)--CommentsClose CommentsPermalink
(A) in subparagraph (D), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in subparagraph (E), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(F) $120,000,000 in each of fiscal years 2008 through 2014.';CommentsClose CommentsPermalink
(5) by striking paragraph (5) and inserting the following:CommentsClose CommentsPermalink
`(5) For each of fiscal years 2002 through 2014, the grassland reserve program under subchapter C of chapter 2 of subtitle D.';CommentsClose CommentsPermalink
(6) in paragraph (6)--CommentsClose CommentsPermalink
(A) in subparagraph (E), by striking `each of' and all that follows through the end and inserting `fiscal year 2007;' andCommentsClose CommentsPermalink
(B) by striking subparagraph (F) and inserting the following:CommentsClose CommentsPermalink
`(F) $1,500,000,000 in fiscal year 2008;CommentsClose CommentsPermalink
`(G) $1,600,000,000 in each of fiscal years 2009 and 2010;CommentsClose CommentsPermalink
`(H) $1,800,000,000 in each of fiscal years 2011 and 2012; andCommentsClose CommentsPermalink
`(I) $2,100,000,000 in each of fiscal years 2013 through 2014.'; andCommentsClose CommentsPermalink
(7) in paragraph (7)--CommentsClose CommentsPermalink
(A) in subparagraph (C), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in subparagraph (D), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(E) $125,000,000 in fiscal year 2008;CommentsClose CommentsPermalink
`(F) $135,000,000 in each of fiscal years 2009 and 2010; andCommentsClose CommentsPermalink
`(G) $145,000,000 in each of fiscal years 2011 through 2014.'.CommentsClose CommentsPermalink
TITLE III--MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM
SEC. 3001. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM.
(a) Administration- Section 3107 of the Farm Security and Rural Investment Act of 2002 (
(1) in subsections (b), (c)(2)(B), (f)(1), (h), and (i), by striking `President' each place it appears and inserting `Secretary';CommentsClose CommentsPermalink
(2) in subsection (d), in the matter preceding paragraph (1), by striking `The President shall designate 1 or more Federal agencies to' and inserting `The Secretary shall'; andCommentsClose CommentsPermalink
(3) in subsection (f)(2), in the matter preceding subparagraph (A), by striking `implementing agency' and inserting `Secretary'.CommentsClose CommentsPermalink
(b) Funding- Section 3107(l) of the Farm Security and Rural Investment Act of 2002 (
(1) by striking paragraphs (1) and (2) and inserting the following:CommentsClose CommentsPermalink
`(1) USE OF COMMODITY CREDIT CORPORATION FUNDS- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section not less than, to remain available until expended--CommentsClose CommentsPermalink
`(A) $140,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
`(B) $180,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
`(C) $220,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
`(D) $260,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
`(E) $300,000,000 for each of fiscal years 2012 through 2014.'.CommentsClose CommentsPermalink
(2) by redesignating paragraph (3) as paragraph (2); andCommentsClose CommentsPermalink
(3) in paragraph (2) (as redesignated by paragraph (2)), by striking `any Federal agency implementing or assisting' and inserting `the Department of Agriculture or any other Federal agency assisting'.CommentsClose CommentsPermalink
TITLE IV--NUTRITION PROGRAMS
Subtitle A--Food Stamp Program
SEC. 4001. EXCLUSION OF COMBAT-RELATED MILITARY PAY FROM COUNTABLE INCOME.
Section 5(d) of the Food Stamp Act of 1977 (
(1) by striking `and 18' and inserting `(18)'; andCommentsClose CommentsPermalink
(2) by inserting before the period at the end the following: `, and (19) any amount paid a member of the uniformed services as hazardous duty pay under
SEC. 4002. STRENGTHENING THE FOOD PURCHASING POWER OF LOW-INCOME AMERICANS.
Section 5(e)(1) of the Food Stamp Act of 1977 (
(1) in subparagraph (A)(ii), by striking `not less than $134' and all that follows through the period at the end and inserting the following: `not less than--CommentsClose CommentsPermalink
`(I) $149, $253, $209, and $132, respectively; andCommentsClose CommentsPermalink
`(II) for fiscal year 2009 and each fiscal year thereafter, an amount that is equal to the amount from the previous fiscal year adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.'; andCommentsClose CommentsPermalink
(2) in subparagraph (B)(ii), by striking `not less than $269' and all that follows through the period at the end and inserting the following: `not less than--CommentsClose CommentsPermalink
`(I) $296; andCommentsClose CommentsPermalink
`(II) for fiscal year 2009 and each fiscal year thereafter, an amount that is equal to the amount from the previous fiscal year adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.'.CommentsClose CommentsPermalink
SEC. 4003. SUPPORTING WORKING FAMILIES WITH CHILD CARE EXPENSES.
Section 5(e)(3)(A) of the Food Stamp Act of 1977 (
SEC. 4004. EXCLUSION OF RETIREMENT ACCOUNTS FROM COUNTABLE FINANCIAL RESOURCES.
(a) In General- Section 5(g)(2)(B)(v) of the Food Stamp Act of 1977 (
(b) Mandatory and Discretionary Exclusions- Section 5(g) of the Food Stamp Act of 1977 (
`(7) EXCLUSION OF RETIREMENT ACCOUNTS FROM COUNTABLE FINANCIAL RESOURCES-CommentsClose CommentsPermalink
`(A) MANDATORY EXCLUSIONS- The Secretary shall exclude from financial resources under this subsection the value of any funds in a plan, contract, or account, described in any of sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986, and the value of funds in a Federal Thrift Savings Plan account, as provided in
`(B) DISCRETIONARY EXCLUSIONS- The Secretary may exclude from financial resources under this subsection the value of any other retirement plans, contracts, or accounts (as determined by the Secretary, by regulation).'.CommentsClose CommentsPermalink
SEC. 4005. SUPPORTING STATE EFFORTS DURING NATURAL DISASTERS.
Section 5(h) of the Food Stamp Act of 1977 (
`(4) ADMINISTRATIVE COST SHARE PAYMENTS- In case of a disaster determined under paragraph (1), in lieu of the administrative cost share payments otherwise required by section 16(a), the Secretary shall pay each State agency an amount equal to 90 percent of the administrative costs allowable under that section for costs related to planning and operating disaster food stamp programs under this subsection.'.CommentsClose CommentsPermalink
SEC. 4006. SIMPLIFIED REPORTING.
Section 6(c) of the Food Stamp Act of 1977 (
(1) in paragraph (1)(A)--CommentsClose CommentsPermalink
(A) by striking `reporting by' and inserting `reporting';CommentsClose CommentsPermalink
(B) in clause (i), by inserting `for periods shorter than 4 months by' before `migrant';CommentsClose CommentsPermalink
(C) in clause ii), by inserting `for periods shorter than 4 months by' before `households'; andCommentsClose CommentsPermalink
(D) in clause (iii), by inserting `by' before `households'; andCommentsClose CommentsPermalink
(2) in paragraph (3)--CommentsClose CommentsPermalink
(A) in the third sentence--CommentsClose CommentsPermalink
(i) by striking `Reports required to be filed monthly under paragraph (1)' and inserting `Except as provided in paragraph (1)(D)(ii), periodic reports filed under paragraph (1)'; andCommentsClose CommentsPermalink
(ii) by striking `subject matter included in such reports' and inserting `the households required to make the reports'; andCommentsClose CommentsPermalink
(B) by inserting after the third sentence the following: `The State agency shall not be required to act on information about a household described in the preceding sentence received from any source between the monthly reports unless the information clearly indicates that the household is not eligible, subject to standards established by the Secretary, or the household requests an increase in benefits.'.CommentsClose CommentsPermalink
SEC. 4007. MINIMUM BENEFIT.
Section 8(a) of the Food Stamp Act of 1977 (
`(1) for each of fiscal years 2008 through 2010, 10 percent of the cost of the thrifty food plan for a household containing 1 member, as determined by the Secretary under section 3(o); andCommentsClose CommentsPermalink
`(2) for fiscal years 2011 and each fiscal year thereafter, 15 percent of the cost of the thrifty food plan for a household containing 1 member, as determined by the Secretary under section 3(o)'.CommentsClose CommentsPermalink
SEC. 4008. REAUTHORIZATION OF FOOD STAMP PROGRAM, FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS, AND THE COMMODITY SUPPLEMENTAL FOOD PROGRAM.
(a) Funding of Employment and Training Programs- Section 16(h)(1) of the Food Stamp Act of 1977 (
(1) in subparagraph (A)(vii), by striking `2007' and inserting `2014'; andCommentsClose CommentsPermalink
(2) in subparagraph (E)(i), by striking `2007' and inserting `2014'.CommentsClose CommentsPermalink
(b) Reductions in Payments for Administrative Costs- Section 16(k)(3) of the Food Stamp Act of 1977 (
(1) in the first sentence of subparagraph (A), by striking `2007' and inserting `2014'; andCommentsClose CommentsPermalink
(2) in subparagraph (B)(ii) by striking `2007' and inserting `2014'.CommentsClose CommentsPermalink
(c) Cash Payment Pilot Projects- Section 17(b)(1)(B)(vi) of the Food Stamp Act of 1977 (
(d) Authorization of Appropriations- Section 18(a)(1) of the Food Stamp Act of 1977 (
(e) Consolidated Block Grants for Puerto Rico and American Samoa- Section 19(a)(2)(A)(ii) of the Food Stamp Act of 1977 (
(f) Commodity Distribution Program- Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (
SEC. 4009. OUTREACH GRANTS.
Section 11(t) of the Food Stamp Act of 1977 (
(1) in paragraph (1), by striking `For each of' and all that follows through inserting `of funds' and inserting `For each of fiscal years 2008 through 2014, the Secretary shall use not more than amount specified in paragraph (2) of funds';CommentsClose CommentsPermalink
(2) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) AMOUNTS- For purposes of paragraph (1), the amount specified in this paragraph is--CommentsClose CommentsPermalink
`(A) for fiscal year 2008, $15,000,000; andCommentsClose CommentsPermalink
`(B) for fiscal year 2009 and each fiscal year thereafter, an amount that is equal to the amount that applies under this paragraph for the previous fiscal year, adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.'.CommentsClose CommentsPermalink
SEC. 4010. FUNDS TO STATES FOR IMPROVING AND INNOVATING PROGRAM ACCESS AND INTEGRITY.
Section 16 of the Food Stamp Act of 2007 (
`(l) Funds to States for Improving and Innovating Program Access and Integrity-CommentsClose CommentsPermalink
`(1) IN GENERAL- Subject to paragraph (3), the Secretary may increase the administrative cost share percentage specified in subsection (a) for eligible administrative expenditures.CommentsClose CommentsPermalink
`(2) ELIGIBLE ADMINISTRATIVE EXPENDITURES- Administrative expenditures that are eligible for an increased cost share percentage under this subsection are expenditures that--CommentsClose CommentsPermalink
`(A) are described in subsection (a); andCommentsClose CommentsPermalink
`(B) as demonstrated by a State agency to the satisfaction of the Secretary, are attributable to a program innovation that improves--CommentsClose CommentsPermalink
`(i) access to the food stamp program;CommentsClose CommentsPermalink
`(ii) the efficiency and effectiveness of program operations; andCommentsClose CommentsPermalink
`(iii) program integrity.CommentsClose CommentsPermalink
`(3) LIMITATIONS-CommentsClose CommentsPermalink
`(A) IN GENERAL- In carrying out this subsection, the Secretary shall provide an increased administrative cost share percentage for those eligible administrative expenditures that, as determined by the Secretary--CommentsClose CommentsPermalink
`(i) have the greatest likelihood of meeting the goals described in paragraph (2)(B); andCommentsClose CommentsPermalink
`(ii) will result in new activities or operations.CommentsClose CommentsPermalink
`(B) FUNDING- The Secretary may use to carry out this subsection not more than $10,000,000 for each of fiscal years 2008 through 2014.'.CommentsClose CommentsPermalink
SEC. 4011. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25 of the Food Stamp Act of 1977 (
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `From amounts made available to carry out this Act, the Secretary may' and inserting `The Secretary shall'; andCommentsClose CommentsPermalink
(B) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
`(2) FUNDING AMOUNTS- From amounts made available to carry out this Act, the Secretary shall use to make grants under this section $5,000,000 for each of fiscal years 2008 through 2014.';CommentsClose CommentsPermalink
(2) in subsection (h)(4), by striking `2007' and inserting `2014'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(i) Grants to Expand the Number of Farmers' Markets That Accept Food Stamp Benefits-CommentsClose CommentsPermalink
`(1) IN GENERAL- For fiscal year 2008, the Secretary shall use not more than $5,000,000 of funds made available under section 18(a)(1) to make grants to pay 100 percent of the costs of eligible entities approved by the Secretary to carry out projects to expand the number of farmer' markets that accept food stamp benefits by--CommentsClose CommentsPermalink
`(A) providing equipment and training necessary for the farmers' markets to accept food stamp benefits;CommentsClose CommentsPermalink
`(B) educating and providing technical assistance to agricultural producers and farmers' market operators about the process and benefits of accepting food stamp benefits; orCommentsClose CommentsPermalink
`(C) other activities determined to be appropriate by the Secretary.CommentsClose CommentsPermalink
`(2) LIMITATION- A grant made under this subsection may not be used to pay the ongoing cost of carrying out any project.CommentsClose CommentsPermalink
`(3) ELIGIBLE ENTITIES- To be eligible to receive a grant under this subsection, an entity shall be--CommentsClose CommentsPermalink
`(A) a State agency administering the food stamp program;CommentsClose CommentsPermalink
`(B) a State or local government; orCommentsClose CommentsPermalink
`(C) a private nonprofit entity that--CommentsClose CommentsPermalink
`(i) coordinates farmers' markets in a State; andCommentsClose CommentsPermalink
`(ii) operates in cooperation with State or local government.CommentsClose CommentsPermalink
`(4) SELECTION OF ELIGIBLE ENTITIES- The Secretary--CommentsClose CommentsPermalink
`(A) shall develop criteria for the selection of eligible entities to receive grants under this subsection; andCommentsClose CommentsPermalink
`(B) may give preference to any eligible entity that consists of a partnership between a government entity and a nongovernmental entity.'.CommentsClose CommentsPermalink
SEC. 4012. COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM.
Section 27(a) of the Food Stamp Act of 1977 (
(1) by striking `(a) Purchase of Commodities- ' and all that follows through `through 2007' and inserting the following:CommentsClose CommentsPermalink
`(a) Purchase of Commodities-CommentsClose CommentsPermalink
`(1) IN GENERAL- As provided in paragraph (2), for each of fiscal years 2008 through 2014';CommentsClose CommentsPermalink
(2) by striking `$140,000,000 of'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(2) FUNDING- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection, to remain available until expended--CommentsClose CommentsPermalink
`(A) for fiscal year 2008, $220,000,000;CommentsClose CommentsPermalink
`(B) for fiscal year 2009, $230,000,000;CommentsClose CommentsPermalink
`(C) for fiscal year 2010, $240,000,000;CommentsClose CommentsPermalink
`(D) for fiscal year 2011, $245,000,000; andCommentsClose CommentsPermalink
`(E) for fiscal year 2012 and each fiscal year thereafter, the dollar amount of commodities available under this paragraph for the immediately preceding fiscal year, adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(o)(4) between June 30, 2007 and June 30 of the immediately preceding fiscal year.'.CommentsClose CommentsPermalink
SEC. 4013. COMMUNITY FOOD ASSISTANCE AND FOOD BANK INFRASTRUCTURE COMPETITIVE GRANTS.
The Food Stamp Act of 1977 is amended by adding after section 27 (
`SEC. 28. COMMUNITY FOOD ASSISTANCE AND FOOD BANK INFRASTRUCTURE COMPETITIVE GRANTS.
`(a) Definition of Eligible Entity- In this section, the term `eligible entity' means an emergency feeding organization (as defined in section 201A of the Emergency Food Assistance Act of 1983 (
`(b) Application-CommentsClose CommentsPermalink
`(1) IN GENERAL- To receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink
`(2) CONTENTS- Each application submitted under paragraph (1) shall--CommentsClose CommentsPermalink
`(A) identify the activity described in subsection (c) that the grant will be used to fund; andCommentsClose CommentsPermalink
`(B) describe the means by which an activity identified under subparagraph (A) will reduce hunger in the community or support the efforts of food banks or other nonprofit emergency feeding organizations to reduce hunger or food insecurity in the communities served by the emergency feeding organizations.CommentsClose CommentsPermalink
`(3) PRIORITY- In making grants under this section, the Secretary shall give priority to eligible entities the applications of which demonstrate at least 2 of the following criteria, as determined by the Secretary:CommentsClose CommentsPermalink
`(A) The eligible entity serves a predominantly rural and geographically underserved area.CommentsClose CommentsPermalink
`(B) The eligible entity serves a community in which the rates of food insecurity, very low food insecurity, hunger, poverty, or unemployment are demonstrably higher than national average rates.CommentsClose CommentsPermalink
`(C) The eligible entity serves a community that provides demonstrable public support for the efforts of the eligible entity through the direct provision of private sector food assistance to low-income individuals.CommentsClose CommentsPermalink
`(D) The grant will assist in the support of rural communities, small or mid-size agricultural operations, and the consumption of locally-produced agricultural products by low-income people in need of temporary food assistance.CommentsClose CommentsPermalink
`(c) Use of Funds- An eligible entity shall use a grant received under this section to carry out activities of the eligible entity, including--CommentsClose CommentsPermalink
`(1) constructing, expanding, or repairing a facility or equipment to support hunger relief agencies in the community;CommentsClose CommentsPermalink
`(2) assisting an emergency feeding organization in the community in obtaining locally-grown or raised produce, dairy, or protein products; andCommentsClose CommentsPermalink
`(3) assisting an emergency feeding organization in the community for the procurement, storage, handling, and distribution of locally-produced agricultural commodities and products.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 through 2014.'.CommentsClose CommentsPermalink
Subtitle B--Child Nutrition and Related Programs
SEC. 4101. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Payments to Service Institutions- Section 13(b) of the Richard B. Russell National School Lunch Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking subparagraph (A);CommentsClose CommentsPermalink
(B) by redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively;CommentsClose CommentsPermalink
(C) in subparagraph (A) (as redesignated by subparagraph (B)), by striking `(B)' and all that follows through `shall not exceed' and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- Subject to subparagraph (B) and in addition to amounts made available under paragraph (3), payments to service institutions shall be';CommentsClose CommentsPermalink
(D) in subparagraph (B) (as redesignated by subparagraph (B)), by striking `subparagraph (B)' and inserting `subparagraph (A)'; andCommentsClose CommentsPermalink
(E) in subparagraph (C) (as redesignated by subparagraph (B)), by striking `(A), (B), and (C)' and inserting `(A) and (B)'; andCommentsClose CommentsPermalink
(2) in the second sentence of paragraph (3), by striking `full amount of State approved' and all that follows through `maximum allowable'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 18 of the Richard B. Russell National School Lunch Act (
(1) by striking subsection (f); andCommentsClose CommentsPermalink
(2) by redesignating subsection (g) through (k) as subsections (f) through (j), respectively.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section take effect on January 1 of the first full calendar year following the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 4102. FRUIT AND VEGETABLE PROGRAM.
Section 18(g) of the Richard B. Russell National School Lunch Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking `July 2004' and inserting `July 2007'; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `and' at the end;CommentsClose CommentsPermalink
(C) in subparagraph (C), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
`(D) additional elementary or secondary schools in each State in proportion to the student population of the State.';CommentsClose CommentsPermalink
(2) in paragraph (3)(A), by striking `paragraph (1)(B)' and inserting `paragraph (1)';CommentsClose CommentsPermalink
(3) in paragraph (5), in each of subparagraphs (A) and (B), by striking `2008' each place it appears and inserting `2014'; andCommentsClose CommentsPermalink
(4) in paragraph (6)(B), by striking clause (i) and inserting the following:CommentsClose CommentsPermalink
`(i) IN GENERAL- Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section--CommentsClose CommentsPermalink
`(I) on October 1, 2007, $10,000,000;CommentsClose CommentsPermalink
`(II) on October 1, 2008, $12,000,000; andCommentsClose CommentsPermalink
`(III) on October 1, 2009, and each October 1 thereafter through October 1, 2014, $15,000,000.'.CommentsClose CommentsPermalink
SEC. 4103. FARM TO SCHOOL PROGRAM.
Section 18(i)(2) of the Richard B. Russell National School Lunch Act (
`(A) $5,000,000 for each of fiscal years 2008 and 2009;CommentsClose CommentsPermalink
`(B) $8,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink
`(C) $10,000,000 for each of fiscal year 2011 through 2014.'.CommentsClose CommentsPermalink
Subtitle C--Miscellaneous
SEC. 4203. FOOD FOR THE HUNGRY TRANSPORTATION GRANT PROGRAM.
(a) Purposes- The purposes of this section are--CommentsClose CommentsPermalink
(1) to authorize the creation of the National Food for the Hungry Transportation, Self-Help, and Job Training Fund to facilitate the procurement and transportation of highly-perishable, healthy food to low-income individuals in the United States;CommentsClose CommentsPermalink
(2) to establish a competitive mechanism in the Department of Agriculture by which appropriations made available from the Fund would be allocated;CommentsClose CommentsPermalink
(3) to ensure the direct involvement of the private carrier trucking fleet of the United States in carrying out this section;CommentsClose CommentsPermalink
(4) to increase the quantity of nutritious food available to low-income individuals in the United States by supporting the procurement and distribution of highly-perishable food, such as fresh produce and protein products, to the low-income individuals;CommentsClose CommentsPermalink
(5) to offer job training and employment opportunities in the food transportation and distribution systems;CommentsClose CommentsPermalink
(6) to better identify potential providers of donated foods and enhance the nonprofit food donation system; andCommentsClose CommentsPermalink
(7) to provide adequate funding to carry out this section.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) FUND- The term `Fund' means the National Food for the Hungry Transportation, Self-Help, and Job Training Fund established under subsection (c).CommentsClose CommentsPermalink
(2) NONGOVERNMENTAL ORGANIZATION- The term `nongovernmental organization' means a national nonprofit charitable organization that--CommentsClose CommentsPermalink
(A) is described in section 501(c)(3) of the Internal Revenue Code of 1986;CommentsClose CommentsPermalink
(B) is capable of, and has at least 10 years experience in, procuring donated food and other services from major domestic food manufacturers and processors, grocery wholesalers and retailers, food warehouse operations, agricultural producer organizations, fishing interests commercial transport providers (such as trucking companies), and Federal and State food assistance agencies;CommentsClose CommentsPermalink
(C) is capable of, and has shown proficiency in, the national distribution of highly-perishable food through contracts with member emergency feeding organizations (as defined in section 201A of the Emergency Food Assistance Act of 1983 (
(D) has at least 10 years experience in procuring commercial freight for the distribution of time-sensitive food products through a network of emergency food assistance organizations;CommentsClose CommentsPermalink
(E) has at least 10 years experience in working with transport providers in creating, coordinating, and maintaining transfer systems designed to assist, at the national level, the delivery of time-sensitive food products, for distribution to emergency food assistance organizations in all 50 States and the District of Columbia;CommentsClose CommentsPermalink
(F) does not operate any commercial, private, or public subsidiary trucking or freight operations for the purposes of transporting food; andCommentsClose CommentsPermalink
(G) agrees--CommentsClose CommentsPermalink
(i) to contribute in-kind resources to assist in carrying out this section;CommentsClose CommentsPermalink
(ii) to provide to eligible emergency food assistance organizations services and information free of charge; andCommentsClose CommentsPermalink
(iii) to regularly certify and inspect any member emergency feeding organization with which the nongovernmental organization entered into a contract to carry out an activity described in subparagraph (B).CommentsClose CommentsPermalink
(3) PRIMARY NONGOVERNMENTAL ORGANIZATION- The term `primary nongovernmental organization' means a nongovernmental organization selected by the Secretary on a competitive basis from among nongovernmental organizations.CommentsClose CommentsPermalink
(4) SECRETARY- The term `Secretary' means the Secretary of Transportation.CommentsClose CommentsPermalink
(5) TIME-SENSITIVE FOOD PRODUCT-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `time-sensitive food product' means a fresh, raw, or processed food with a short time limitation for safe and acceptable consumption, as determined by the Secretary.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term `time-sensitive food product' includes fruits, vegetables, dairy products, meat, fish, and poultry.CommentsClose CommentsPermalink
(c) National Food for the Hungry Transportation Fund- The Secretary shall offer to enter into a contract or grant agreement with a primary nongovernmental organization to establish a fund, to be known as the `National Food for the Hungry Transportation Fund', to track, collect, and deliver time-sensitive food products.CommentsClose CommentsPermalink
(d) Program Requirements- The Secretary shall ensure that funds made available to carry out this section are used for--CommentsClose CommentsPermalink
(1) the development and maintenance of a computerized system for the tracking of time-sensitive food products;CommentsClose CommentsPermalink
(2) capital and operating costs associated with the collection and transportation of time-sensitive food products;CommentsClose CommentsPermalink
(3) capital and operating costs associated with the storage and distribution of time-sensitive food products;CommentsClose CommentsPermalink
(4) job training opportunities in trucking, food handling, food recovery, and related industries;CommentsClose CommentsPermalink
(5) improving the security and diversity of the food distribution and recovery systems of the United States with the use of--CommentsClose CommentsPermalink
(A) family-sized farms; andCommentsClose CommentsPermalink
(B) donations from entities of food products to persons in need;CommentsClose CommentsPermalink
(6) providing recovered healthy foods to nonprofit emergency food providers to reduce hunger in the United States; andCommentsClose CommentsPermalink
(7) improving the identification of--CommentsClose CommentsPermalink
(A) potential providers of donated foods;CommentsClose CommentsPermalink
(B) potential nonprofit emergency food providers; andCommentsClose CommentsPermalink
(C) persons in need of emergency food assistance throughout the United States.CommentsClose CommentsPermalink
(e) Additional Nongovernmental Organizations-CommentsClose CommentsPermalink
(1) IN GENERAL- A primary nongovernmental organization may enter into 1 or more contracts with, and provide funds to, not more than 2 other nongovernmental organizations that the Secretary determines meet the requirements of paragraph (2) to carry out the activities required under this section.CommentsClose CommentsPermalink
(2) REQUIREMENTS- An additional nongovernmental organization selected under paragraph (1) shall--CommentsClose CommentsPermalink
(A) have expertise in operating for several years a national information clearinghouse relating to anti-hunger activities;CommentsClose CommentsPermalink
(B) have extensive experience in working with other anti-hunger organizations throughout the United States;CommentsClose CommentsPermalink
(C) have significant experience in working with the Department of Agriculture; andCommentsClose CommentsPermalink
(D) operate, at a national level, a hotline to provide information about--CommentsClose CommentsPermalink
(i) access to food for low-income families;CommentsClose CommentsPermalink
(ii) programs in existence on the date of enactment of this Act that transport fresh produce to food pantries, homeless shelters, and soup kitchens that could serve as national models for replication in other areas; andCommentsClose CommentsPermalink
(iii) means through which low-income individuals and families may become self-reliant.CommentsClose CommentsPermalink
(f) Audits- The Secretary shall establish fair and reasonable procedures to audit the expenditure of funds made available to carry out this section.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
(1) $5,000,000 for fiscal year 2008; andCommentsClose CommentsPermalink
(2) for each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.CommentsClose CommentsPermalink
TITLE V--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
SEC. 5001. FOREST LAND ENHANCEMENT PROGRAM.
Section 4(j) of the Cooperative Forestry Assistance Act of 1978 (
`(j) Funding- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out the Program $100,000,000 during the period beginning on the date of enactment of the Farm Risk Management Act for the 21st Century and ending on September 30, 2014.'.CommentsClose CommentsPermalink
Subtitle B--Amendments to Other Laws
SEC. 5101. HEALTHY FORESTS RESERVE PROGRAM.
Section 508 of the Healthy Forests Restoration Act of 2003 (
`SEC. 508. FUNDING.
`For each of fiscal years 2008 through 2013, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title, including the provision of technical assistance under this title.'.CommentsClose CommentsPermalink
TITLE VI--ENERGY
SEC. 6001. FEDERAL PROCUREMENT OF BIOBASED PRODUCTS.
Section 9002(k)(2)(A) of the Farm Security and Rural Investment Act of 2002 (
SEC. 6002. BIOREFINERY DEVELOPMENT GRANTS.
Section 9003 of the Farm Security and Rural Investment Act of 2002 (
(1) in the section heading, by striking `grants';CommentsClose CommentsPermalink
(2) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink
`(c) Assistance- The Secretary shall award grants and make loans and loan guarantees to eligible entities to assist in covering the cost of development and construction of biorefineries, or the cost of construction or deployment of methane digesters used to capture the methane gas from livestock manure for use as a fuel source for biofuel production, to carry out projects to demonstrate the commercial viability of 1 or more processes for converting biomass to fuels or chemicals.';CommentsClose CommentsPermalink
(3) in subsection (e)--CommentsClose CommentsPermalink
(A) by striking `grants' each place it appears and inserting `assistance'; andCommentsClose CommentsPermalink
(B) in paragraph (2)(A)--CommentsClose CommentsPermalink
(i) in clause (i), by striking `and' at the end;CommentsClose CommentsPermalink
(ii) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink
(iii) by inserting after clause (i) the following:CommentsClose CommentsPermalink
`(ii) shall select projects based on the extent to which the projects meet environmental goals for feedstocks and biorefineries, including goals relating to reductions in greenhouse gas emissions and improvement in water quality and wildlife habitat, developed by the Secretary, in consultation with the Secretary of the Interior, the Secretary of Energy, and the National Academy of Sciences; and'; andCommentsClose CommentsPermalink
(4) by striking subsection (h) and inserting the following:CommentsClose CommentsPermalink
`(h) Funding- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended--CommentsClose CommentsPermalink
`(1) $50,000,000 for each of fiscal years 2008 and 2009; andCommentsClose CommentsPermalink
`(2) $75,000,000 for each of fiscal years 2010 through 2014.'.CommentsClose CommentsPermalink
SEC. 6003. RURAL ENERGY INNOVATION PROGRAM.
Section 9005 of the Farm Security and Rural Investment Act of 2002 (
(1) by striking the section heading and inserting `rural energy innovation program- ';CommentsClose CommentsPermalink
(2) in subsection (a), by striking `a program' and inserting `an energy technical assistance program';CommentsClose CommentsPermalink
(3) in subsection (b), by striking paragraphs (5) and (6) and inserting the following:CommentsClose CommentsPermalink
`(5) a nonprofit organization (including an agricultural trade association, resource conservation and development district, and energy service provider);CommentsClose CommentsPermalink
`(6) a State environmental quality department; andCommentsClose CommentsPermalink
`(7) any other entity, as determined by the Secretary.';CommentsClose CommentsPermalink
(4) in subsection (c), by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
`(2) SELECTION CRITERIA- In reviewing applications of eligible entities to receive grants under subsection (a), the Secretary shall consider--CommentsClose CommentsPermalink
`(A) the ability and expertise of the eligible entity in providing professional energy efficiency audits, renewable energy assessments, environmental management system plans, and assessments of fertilizer, pesticide, or diesel use efficiency;CommentsClose CommentsPermalink
`(B) the geographic scope of the program proposed by the eligible entity;CommentsClose CommentsPermalink
`(C) the percentage of farmers, ranchers, and rural small businesses to be assisted by the program in the service territory covered by the eligible entity;CommentsClose CommentsPermalink
`(D) the potential for energy savings and environmental and public health benefits resulting from the program;CommentsClose CommentsPermalink
`(E) the plan of the eligible entity for providing information to farmers, ranchers, and rural small businesses on the benefits of energy efficiency and renewable energy development;CommentsClose CommentsPermalink
`(F) demonstration of multi-stakeholder collaborations;CommentsClose CommentsPermalink
`(G) demonstration of matching funds; andCommentsClose CommentsPermalink
`(H) clear performance metrics.';CommentsClose CommentsPermalink
(5) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink
`(d) Use of Grant Funds-CommentsClose CommentsPermalink
`(1) REQUIRED USES- A recipient of a grant under subsection (a) shall use the grant funds--CommentsClose CommentsPermalink
`(A) to conduct and promote--CommentsClose CommentsPermalink
`(i) energy audits;CommentsClose CommentsPermalink
`(ii) assessments of fertilizer, pesticide, or diesel use efficiency;CommentsClose CommentsPermalink
`(iii) renewable energy assessments; orCommentsClose CommentsPermalink
`(iv) environmental management system planning;CommentsClose CommentsPermalink
`(2) to make farmers, ranchers, and rural small businesses aware of and able to apply for and ensure access to--CommentsClose CommentsPermalink
`(A) financial assistance under section 9006; andCommentsClose CommentsPermalink
`(B) other Federal, State, and local financial assistance programs for which farmers, ranchers, and rural small businesses may be eligible; orCommentsClose CommentsPermalink
`(3) to employ staff that--CommentsClose CommentsPermalink
`(A) serve as central points of contact for farmers, ranchers and rural businesses seeking to evaluate energy practices and technologies; andCommentsClose CommentsPermalink
`(B) are properly trained to collect data for audits and renewable energy assessments.CommentsClose CommentsPermalink
`(4) PERMITTED USES- A recipient of a grant may use funds to finance--CommentsClose CommentsPermalink
`(A) in partnership with the private sector, agricultural demonstrations to demonstrate cost-effective high efficiency equipment and energy management practices such as precision agriculture, proper tire tractor inflation, and conservation tillage; andCommentsClose CommentsPermalink
`(B) educational workshops on different clean energy technologies and techniques.';CommentsClose CommentsPermalink
(6) in subsection (e)--CommentsClose CommentsPermalink
(A) by striking `an energy audit' and inserting `energy technical assistance';CommentsClose CommentsPermalink
(B) by striking `the energy audit' and inserting `the energy technical assistance'; andCommentsClose CommentsPermalink
(C) by striking `the audit' and inserting `the technical assistance';CommentsClose CommentsPermalink
(7) in subsection (h), by striking `this Act' and inserting `Farm Risk Management Act for the 21st Century'; andCommentsClose CommentsPermalink
(8) by striking subsection (i) and inserting the following:CommentsClose CommentsPermalink
`(i) Limitation- A recipient of a grant under subsection (a) may receive no more than $250,000 in any 1 grant cycle.CommentsClose CommentsPermalink
`(j) Authorization of Appropriations-CommentsClose CommentsPermalink
`(1) IN GENERAL- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
`(A) $5,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
`(B) $10,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
`(C) $15,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
`(D) $20,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
`(E) $25,000,000 for each of fiscal years 2012 through 2014.CommentsClose CommentsPermalink
`(2) USE OF CERTAIN FUNDS- The Secretary may use not more than 10 percent of amounts made available under paragraph (1) to--CommentsClose CommentsPermalink
`(A) increase or modify energy technical assistance programs funded under this section; orCommentsClose CommentsPermalink
`(B) develop training programs that enable administrators of existing technical assistance programs to help other eligible entities establish technical assistance programs.'.CommentsClose CommentsPermalink
SEC. 6004. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9006 of the Farm Security and Rural Investment Act of 2002 (
(1) by striking the section enumerator and heading and inserting the following:CommentsClose CommentsPermalink
`SEC. 9006. RURAL ENERGY FOR AMERICA PROGRAM.';
(2) in subsection (a)--CommentsClose CommentsPermalink
(A) by inserting `, and issue rebates,' after `grants'; andCommentsClose CommentsPermalink
(B) by inserting `rural school districts,' after `ranchers,';CommentsClose CommentsPermalink
(3) by striking subsection (f);CommentsClose CommentsPermalink
(4) by redesignating subsection (e) as subsection (h);CommentsClose CommentsPermalink
(5) by inserting after subsection (d) the following:CommentsClose CommentsPermalink
`(e) Production-Based Incentive in Lieu of Grant-CommentsClose CommentsPermalink
`(1) IN GENERAL- In addition to the authority under subsection (a), to encourage the production of electricity from renewable energy systems, the Secretary shall, on the request of an eligible applicant under this section, make production-based payments to the applicant in lieu of a grant.CommentsClose CommentsPermalink
`(2) CONTINGENCY- Payments under paragraph (1) shall be contingent on documented energy production and sales from the renewable energy system to a third party.CommentsClose CommentsPermalink
`(3) LIMITATION- The total net present value of a production-based incentive may not exceed the lower of--CommentsClose CommentsPermalink
`(A) 25 percent of the eligible project costs; andCommentsClose CommentsPermalink
`(B) any other limits that the Secretary establishes by rule or guidance.CommentsClose CommentsPermalink
`(f) Feasibility Studies-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary may provide assistance to eligible applicants to conduct feasibility studies of projects for which assistance may be provided under this section.CommentsClose CommentsPermalink
`(2) LIMITATION- The Secretary shall use not more than 10 percent of funds made available to carry out this section to provide assistance described in paragraph (1).CommentsClose CommentsPermalink
`(3) CRITERIA- The Secretary shall, by regulation, establish criteria for the receipt of assistance under this subsection.CommentsClose CommentsPermalink
`(4) AVOIDANCE OF DUPLICATIVE ASSISTANCE- An applicant that receives assistance to carry out a feasibility study for a project under this subsection shall not be eligible for assistance to carry out a feasibility study for the project under any other provision of Federal law.CommentsClose CommentsPermalink
`(5) MATCHING FUNDS- To be eligible for assistance under this subsection, a recipient of funds under this subsection shall contribute an amount of non-Federal funds that is equal to at least 75 percent of the amount of Federal funds received.CommentsClose CommentsPermalink
`(g) Rebate Program-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall make competitive grants to eligible entities to provide rebates for farmers, ranchers, rural school districts, and rural small businesses to purchase renewable energy systems and make energy efficiency improvements.CommentsClose CommentsPermalink
`(2) ELIGIBLE ENTITIES- To be eligible to receive a grant under paragraph (1), an entity shall be--CommentsClose CommentsPermalink
`(A) a State energy or agricultural office;CommentsClose CommentsPermalink
`(B) a nonprofit State-based energy efficiency or renewable energy organization that uses public funds provided directly or under contract with a State agency;CommentsClose CommentsPermalink
`(C) any other nonprofit organization with a demonstrated ability to administer a State-wide energy efficiency or renewable energy rebate program; orCommentsClose CommentsPermalink
`(D) a consortium of entities described in subparagraphs (A) through (C).CommentsClose CommentsPermalink
`(3) MERIT REVIEW-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall establish a merit review process to review applications for grants under paragraph (1) that uses the expertise of the Department of Agriculture, other Federal and State agencies, and non-governmental organizations.CommentsClose CommentsPermalink
`(B) REQUIREMENTS- In reviewing the application of an eligible entity to receive a grant under paragraph (1), the Secretary shall consider--CommentsClose CommentsPermalink
`(i) the experience and expertise of the entity in establishing and administering a State-wide clean energy rebate program;CommentsClose CommentsPermalink
`(ii) the annual projected energy savings or production increases resulting from the proposed program;CommentsClose CommentsPermalink
`(iii) the environmental benefits resulting from the proposed program; andCommentsClose CommentsPermalink
`(iv) other appropriate factors, as determined by the Secretary.CommentsClose CommentsPermalink
`(4) MAINTENANCE OF EFFORT- An entity that receives a grant under paragraph (1) shall provide assurances to the Secretary that funds provided to the entity under this subsection will be used to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended for rebate programs.CommentsClose CommentsPermalink
`(5) REBATE AMOUNT- The amount of a rebate provided from a grant under this subsection shall not exceed the lower of--CommentsClose CommentsPermalink
`(A) $10,000; orCommentsClose CommentsPermalink
`(B) 50 percent of the cost incurred to purchase a renewable energy system or an energy efficiency improvement, as determined by the Secretary.'; andCommentsClose CommentsPermalink
(6) by adding at the end the following:CommentsClose CommentsPermalink
`(i) Funding- Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section, to remain available until expended--CommentsClose CommentsPermalink
`(1) $60,000,000 for fiscal year 2008, of which not more than $12,000,000 shall be used to carry out subsection (g);CommentsClose CommentsPermalink
`(2) $90,000,000 for fiscal year 2009, of which not more than $18,000,000 shall be used to carry out subsection (g);CommentsClose CommentsPermalink
`(3) $130,000,000 for fiscal year 2010, of which not more than $26,000,000 shall be used to carry out subsection (g);CommentsClose CommentsPermalink
`(4) $180,000,000 for fiscal year 2011, of which not more than $36,000,000 shall be used to carry out subsection (g); andCommentsClose CommentsPermalink
`(5) $200,000,000 for each of fiscal years 2012 through 2014, of which not more than $50,000,000 shall be used to carry out subsection (g).'.CommentsClose CommentsPermalink
SEC. 6005. BIOMASS RESEARCH AND DEVELOPMENT.
(a) Distribution of Funding By and Within Each Technical Area- Section 307(g) of the Biomass Research and Development Act of 2000 (
(b) Funding- Section 310 of the Biomass Research and Development Act of 2000 (
`SEC. 310. FUNDING.
`(a) Funding- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended--CommentsClose CommentsPermalink
`(1) $100,000,000 for each of fiscal years 2008 through 2012; andCommentsClose CommentsPermalink
`(2) $200,000,000 for each of fiscal years 2013 through 2014.CommentsClose CommentsPermalink
`(b) Authorization of Appropriations- In addition to amounts transferred under subsection (a), there is authorized to be appropriated to carry out this title $200,000,000 for each of fiscal years 2006 through 2015, to remain available until expended.'.CommentsClose CommentsPermalink
TITLE VII--MISCELLANEOUS
Subtitle A--Crop Insurance
SEC. 7001. ADJUSTED GROSS REVENUE INSURANCE PILOT PROGRAM.
Section 523(e) of the Federal Crop Insurance Act (
(1) in paragraph (1), by striking `2004 reinsurance year' and inserting `2010 reinsurance year'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- In addition to counties otherwise included in the pilot program, the Corporation shall include in the pilot program for the 2008 reinsurance year all States and counties that meet the criteria for selection (pending required rating), as determined by the Corporation.'.CommentsClose CommentsPermalink
SEC. 7002. REPORT.
Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes recommendations for legislative or regulatory changes that would save at least $1,000,000,000 per fiscal year in Federal expenditures in carrying out the Federal crop insurance program while--CommentsClose CommentsPermalink
(1) not reducing overall risk management options to agricultural producers;CommentsClose CommentsPermalink
(2) expanding whole farm revenue-based insurance programs to all agricultural operations in all States; andCommentsClose CommentsPermalink
(3) maintaining actuarial soundness.CommentsClose CommentsPermalink
Subtitle B--Specialty Crops
SEC. 7101. FARMERS' MARKET PROMOTION PROGRAM.
Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (
`(d) Criteria and Guidelines-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall establish criteria and guidelines for the submission, evaluation, and funding of proposed projects under the Program.CommentsClose CommentsPermalink
`(2) PRIORITY- The Secretary shall prioritize for funding projects that would support, encourage, or promote the transition to organic and other environmentally beneficial forms of agricultural production.CommentsClose CommentsPermalink
`(e) Funding- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $25,000,000 for each of fiscal years 2008 through 2014, to remain available until expended.'.CommentsClose CommentsPermalink
SEC. 7102. FRUIT AND VEGETABLE NUTRITION PROMOTION PROGRAM.
The Specialty Crops Competitiveness Act of 2004 (
`SEC. 204. FRUIT AND VEGETABLE NUTRITION PROMOTION PROGRAM.
`(a) In General- The Secretary of Agriculture (acting through the Administrator of the Agricultural Marketing Service) (referred to in this section as the `Secretary') shall establish and carry out a program to provide assistance to eligible trade organizations described in subsection (c) to increase the consumption of fruits and vegetables in the United States to meet Federal health guidelines.CommentsClose CommentsPermalink
`(b) Requirements for Participation- To be eligible for assistance under this section, an organization shall--CommentsClose CommentsPermalink
`(1) be an eligible trade organization;CommentsClose CommentsPermalink
`(2) prepare and submit a plan to increase the consumption of fruits and vegetables in the United States to the Secretary that meets any guidelines governing such plans established by the Secretary; andCommentsClose CommentsPermalink
`(3) meet any other requirements established by the Secretary.CommentsClose CommentsPermalink
`(c) Eligible Trade Organizations- An eligible trade organization under this section shall be--CommentsClose CommentsPermalink
`(1) a nonprofit fruit or vegetable trade organization in the United States;CommentsClose CommentsPermalink
`(2) a nonprofit State or regional fruit or vegetable organization;CommentsClose CommentsPermalink
`(3) a fruit or vegetable agricultural cooperative in the United States;CommentsClose CommentsPermalink
`(4) a commodity board or commission in the United States; orCommentsClose CommentsPermalink
`(5) a small business engaged in the fruit or vegetable industry in the United States.CommentsClose CommentsPermalink
`(d) Matching Funds- Assistance provided under this section shall not exceed--CommentsClose CommentsPermalink
`(1) in the case of an organization described in paragraphs (1) through (4) of subsection (c), 90 percent of the cost of carrying out a plan to increase the consumption of fruits and vegetables in the United States submitted under subsection (b)(2); andCommentsClose CommentsPermalink
`(2) in the case of an organization described in subsection (c)(5), 50 percent of the cost of carrying out a plan to increase the consumption of fruits and vegetables in the United States submitted under subsection (b)(2).CommentsClose CommentsPermalink
`(e) Funding- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $10,000,000 for each of fiscal years 2008 through 2014, to remain available until expended.'.CommentsClose CommentsPermalink
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