S 2302

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Calendar No. 470

110th CONGRESS

1st Session

S. 2302

[Report No. 110-220]

To provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes.

IN THE SENATE OF THE UNITED STATES

November 2, 2007

Mr. HARKIN, from the Committee on Agriculture, Nutrition, and Forestry, reported the following original bill; which was read twice and placed on the calendar

A BILL

To provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the `Food and Energy Security Act of 2007'.

    (b) Table of Contents- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Definition of Secretary.

TITLE I--PRODUCER INCOME PROTECTION PROGRAMS

      Sec. 1001. Definitions.

Subtitle A--Traditional Payments and Loans

Part I--Direct Payments and Counter-Cyclical Payments

      Sec. 1101. Base acres and payment acres for a farm.

      Sec. 1102. Payment yields.

      Sec. 1103. Availability of direct payments.

      Sec. 1104. Availability of counter-cyclical payments.

      Sec. 1105. Producer agreement required as condition of provision of direct payments and counter-cyclical payments.

      Sec. 1106. Planting flexibility.

      Sec. 1107. Special rule for long grain and medium grain rice.

      Sec. 1108. Period of effectiveness.

Part II--Marketing Assistance Loans and Loan Deficiency Payments

      Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities.

      Sec. 1202. Loan rates for nonrecourse marketing assistance loans.

      Sec. 1203. Term of loans.

      Sec. 1204. Repayment of loans.

      Sec. 1205. Loan deficiency payments.

      Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage.

      Sec. 1207. Special marketing loan provisions for upland cotton.

      Sec. 1208. Special competitive provisions for extra long staple cotton.

      Sec. 1209. Availability of recourse loans for high moisture feed grains and seed cotton.

      Sec. 1210. Adjustments of loans.

Part III--Peanuts

      Sec. 1301. Definitions.

      Sec. 1302. Base acres for peanuts for a farm.

      Sec. 1303. Availability of direct payments for peanuts.

      Sec. 1304. Availability of counter-cyclical payments for peanuts.

      Sec. 1305. Producer agreement required as condition on provision of direct payments and counter-cyclical payments.

      Sec. 1306. Planting flexibility.

      Sec. 1307. Marketing assistance loans and loan deficiency payments for peanuts.

      Sec. 1308. Adjustments of loans.

Subtitle B--Average Crop Revenue Program

      Sec. 1401. Availability of average crop revenue payments.

      Sec. 1402. Producer agreement as condition of average crop revenue payments.

      Sec. 1403. Planting flexibility.

Subtitle C--Sugar

      Sec. 1501. Sugar program.

      Sec. 1502. Storage facility loans.

      Sec. 1503. Commodity Credit Corporation storage payments.

      Sec. 1504. Flexible marketing allotments for sugar.

      Sec. 1505. Sense of the Senate regarding NAFTA sugar coordination.

Subtitle D--Dairy

      Sec. 1601. Dairy product price support program.

      Sec. 1602. National dairy market loss payments.

      Sec. 1603. Dairy export incentive and dairy indemnity programs.

      Sec. 1604. Funding of dairy promotion and research program.

      Sec. 1605. Revision of Federal marketing order amendment procedures.

      Sec. 1606. Dairy forward pricing program.

      Sec. 1607. Report on Department of Agriculture reporting procedures for nonfat dry milk.

      Sec. 1608. Federal Milk Marketing Order Review Commission.

      Sec. 1609. Mandatory reporting of dairy commodities.

Subtitle E--Administration

      Sec. 1701. Administration generally.

      Sec. 1702. Suspension of permanent price support authority.

      Sec. 1703. Payment limitations.

      Sec. 1704. Adjusted gross income limitation.

      Sec. 1705. Availability of quality incentive payments for certain producers.

      Sec. 1706. Hard white wheat development program.

      Sec. 1707. Durum wheat quality program.

      Sec. 1708. Storage facility loans.

      Sec. 1709. Personal liability of producers for deficiencies.

      Sec. 1710. Extension of existing administrative authority regarding loans.

      Sec. 1711. Assignment of payments.

      Sec. 1712. Cotton classification services.

      Sec. 1713. Designation of States for cotton research and promotion.

      Sec. 1714. Government publication of cotton price forecasts.

      Sec. 1715. State, county, and area committees.

      Sec. 1716. Prohibition on charging certain fees.

      Sec. 1717. Signature authority.

      Sec. 1718. Modernization of Farm Service Agency.

      Sec. 1719. Geospatial systems.

      Sec. 1720. Leasing office space.

      Sec. 1721. Repeals.

Subtitle F--Specialty Crop Programs

      Sec. 1801. Definitions.

Part I--Marketing, Information, and Education

      Sec. 1811. Fruit and vegetable market news allocation.

      Sec. 1812. Farmers' market promotion program.

      Sec. 1813. Food safety initiatives.

      Sec. 1814. Census of specialty crops.

Part II--Organic Production

      Sec. 1821. Organic data collection and price reporting.

      Sec. 1822. Exemption of certified organic products from assessments.

      Sec. 1823. National Organic Certification Cost Share Program.

      Sec. 1824. National organic program.

Part III--International Trade

      Sec. 1831. Foreign market access study and strategy plan.

      Sec. 1832. Market access program.

      Sec. 1833. Technical assistance for specialty crops.

      Sec. 1834. Consultations on sanitary and phytosanitary restrictions for fruits and vegetables.

Part IV--Specialty Crops Competitiveness

      Sec. 1841. Specialty crop block grants.

      Sec. 1842. Grant program to improve movement of specialty crops.

      Sec. 1843. Healthy Food Enterprise Development Center.

Part V--Miscellaneous

      Sec. 1851. Clean plant network.

      Sec. 1852. Market loss assistance for asparagus producers.

      Sec. 1853. Mushroom promotion, research, and consumer information.

      Sec. 1854. National Honey Board.

      Sec. 1855. Identification of honey.

      Sec. 1856. Expedited marketing order for Hass avocados for grades and standards and other purposes.

Subtitle G--Risk Management

      Sec. 1901. Definition of organic crop.

      Sec. 1902. General powers.

      Sec. 1903. Reduction in loss ratio.

      Sec. 1904. Controlled business insurance.

      Sec. 1905. Administrative fee.

      Sec. 1906. Time for payment.

      Sec. 1907. Surcharge prohibition.

      Sec. 1908. Premium reduction plan.

      Sec. 1909. Denial of claims.

      Sec. 1910. Measurement of farm-stored commodities.

      Sec. 1911. Reimbursement rate.

      Sec. 1912. Renegotiation of standard reinsurance agreement.

      Sec. 1913. Change in due date for Corporation payments for underwriting gains.

      Sec. 1914. Access to data mining information.

      Sec. 1915. Producer eligibility.

      Sec. 1916. Contracts for additional crop policies.

      Sec. 1917. Research and development.

      Sec. 1918. Funding from insurance fund.

      Sec. 1919. Camelina pilot program.

      Sec. 1920. Risk management education for beginning farmers or ranchers.

      Sec. 1921. Agricultural management assistance.

      Sec. 1922. Crop insurance mediation.

      Sec. 1923. Drought coverage for aquaculture under noninsured crop assistance program.

      Sec. 1924. Increase in service fees for noninsured crop assistance program.

      Sec. 1925. Determination of certain sweet potato production.

      Sec. 1926. Perennial crop report.

TITLE II--CONSERVATION

Subtitle A--Definitions

      Sec. 2001. Definitions.

Subtitle B--Highly Erodible Land Conservation

      Sec. 2101. Review of good faith determinations; exemptions.

Subtitle C--Wetland Conservation

      Sec. 2201. Review of good faith determinations.

Subtitle D--Agricultural Resources Conservation Program

Chapter 1--Comprehensive Conservation Enhancement

subchapter a--comprehensive conservation enhancement program

      Sec. 2301. Reauthorization and expansion of programs covered.

subchapter b--conservation reserve

      Sec. 2311. Conservation reserve program.

      Sec. 2312. Flooded farmland program.

      Sec. 2313. Wildlife habitat program.

subchapter c--wetlands reserve program

      Sec. 2321. Wetlands reserve program.

      Sec. 2322. Easements and agreements.

      Sec. 2323. Payments.

subchapter d--healthy forests reserve program

      Sec. 2331. Healthy forests reserve program.

`subchapter d--healthy forests reserve program

`Sec. 1237M. Establishment of healthy forests reserve program.

`Sec. 1237N. Eligibility and enrollment of lands in program.

`Sec. 1237O. Restoration plans.

`Sec. 1237P. Financial assistance.

`Sec. 1237Q. Technical assistance.

`Sec. 1237R. Protections and measures.

`Sec. 1237S. Involvement by other agencies and organizations.

`Sec. 1237T. Authorization of appropriations.

Chapter 2--Comprehensive Stewardship Incentives Program

subchapter a--general provisions

      Sec. 2341. Comprehensive stewardship incentives program.

`Chapter 6--Comprehensive Stewardship Incentives Program

`subchapter a--comprehensive stewardship incentives program

`Sec. 1240T. Comprehensive stewardship incentives program.

`subchapter b--conservation stewardship program

`Sec. 1240U. Purposes.

`Sec. 1240V. Definitions.

`Sec. 1240W. Establishment of program.

`Sec. 1240X. Eligibility.

`Sec. 1240Y. Regulations.

subchapter b--environmental quality incentives program

      Sec. 2351. Purposes.

      Sec. 2352. Definitions.

      Sec. 2353. Establishment and administration of environmental quality incentives program.

      Sec. 2354. Evaluation of offers and payments.

      Sec. 2355. Duties of producers.

      Sec. 2356. Environmental quality incentives program plan.

      Sec. 2357. Limitation on payments.

      Sec. 2358. Conservation innovation grants.

      Sec. 2359. Ground and surface water conservation.

      Sec. 2360. Organic conversion.

      Sec. 2361. Chesapeake Bay watershed conservation program.

Chapter 3--Farmland Protection

subchapter a--farmland protection program

      Sec. 2371. Farmland protection program.

subchapter b--grassland reserve program

      Sec. 2381. Grassland reserve program.

`subchapter c--grassland reserve program

`Sec. 1238N. Definitions.

`Sec. 1238O. Grassland reserve program.

`Sec. 1238P. Duties.

`Sec. 1238Q. Terms and conditions.

Chapter 4--Other Conservation Programs

      Sec. 2391. Conservation security program.

      Sec. 2392. Conservation of private grazing land.

      Sec. 2393. Reauthorization of wildlife habitat incentive program.

      Sec. 2394. Grassroots source water protection program.

      Sec. 2395. Great Lakes basin program for soil erosion and sediment control.

      Sec. 2396. Farm viability program.

      Sec. 2397. Discovery watershed demonstration program.

      Sec. 2398. Emergency landscape restoration program.

      Sec. 2399. Voluntary public access and habitat incentive program.

Subtitle E--Funding and Administration

      Sec. 2401. Funding and administration.

      Sec. 2402. Regional equity.

      Sec. 2403. Conservation access.

      Sec. 2404. Delivery of technical assistance.

      Sec. 2405. Administrative requirements for conservation programs.

      Sec. 2406. Conservation programs in environmental services markets.

Subtitle F--State Technical Committees

      Sec. 2501. State technical committees.

Subtitle G--Other Authorities

      Sec. 2601. Agricultural management assistance.

      Sec. 2602. Agriculture conservation experienced services program.

      Sec. 2603. Technical assistance.

      Sec. 2604. Small watershed rehabilitation program.

      Sec. 2605. Resource conservation and development program.

      Sec. 2606. National Natural Resources Conservation Foundation.

      Sec. 2607. Desert Terminal Lakes.

      Sec. 2608. Crop insurance ineligibility relating to crop production on native sod.

      Sec. 2609. High Plains water study.

      Sec. 2610. Payment of expenses.

      Sec. 2611. Use of funds in Basin funds for salinity control activities upstream of Imperial Dam.

      Sec. 2612. Great Lakes Commission.

      Sec. 2613. Technical corrections to the Federal Insecticide, Fungicide, and Rodenticide Act.

TITLE III--TRADE

Subtitle A--Food for Peace Act

      Sec. 3001. Short title.

      Sec. 3002. United States policy.

      Sec. 3003. Food aid to developing countries.

      Sec. 3004. Trade and development assistance.

      Sec. 3005. Agreements regarding eligible countries and private entities.

      Sec. 3006. Use of local currency payments.

      Sec. 3007. General authority.

      Sec. 3008. Provision of agricultural commodities.

      Sec. 3009. Microenterprise activities.

      Sec. 3010. Levels of assistance.

      Sec. 3011. Food Aid Consultative Group.

      Sec. 3012. Administration.

      Sec. 3013. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.

      Sec. 3014. Pilot program for local purchase.

      Sec. 3015. General authorities and requirements.

      Sec. 3016. Use of Commodity Credit Corporation.

      Sec. 3017. Administrative provisions.

      Sec. 3018. Expiration date.

      Sec. 3019. Authorization of appropriations.

      Sec. 3020. Micronutrient fortification programs.

      Sec. 3021. Germplasm conservation.

      Sec. 3022. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.

Subtitle B--Agricultural Trade Act of 1978 and Related Statutes

      Sec. 3101. Nongovernmental organization participation in the resolution of trade disputes.

      Sec. 3102. Export credit guarantee program.

      Sec. 3103. Market access program.

      Sec. 3104. Export enhancement program.

      Sec. 3105. Voluntary certification of child labor status of agricultural imports.

      Sec. 3106. Foreign market development cooperator program.

      Sec. 3107. Food for Progress Act of 1985.

      Sec. 3108. McGovern-Dole International Food for Education and Child Nutrition Program.

Subtitle C--Miscellaneous

      Sec. 3201. Bill Emerson Humanitarian Trust.

      Sec. 3202. Emerging markets and facility guarantee loan program.

      Sec. 3203. Biotechnology and agricultural trade program.

      Sec. 3204. Technical assistance for the resolution of trade disputes.

TITLE IV--NUTRITION PROGRAMS

Subtitle A--Food and Nutrition Program

Part I--Renaming of Food Stamp Program

      Sec. 4001. Renaming of food stamp program.

Part II--Improving Program Benefits

      Sec. 4101. Exclusion of certain military payments from income.

      Sec. 4102. Strengthening the food purchasing power of low-income Americans.

      Sec. 4103. Supporting working families with child care expenses.

      Sec. 4104. Encouraging retirement and education savings among food stamp recipients.

      Sec. 4105. Facilitating simplified reporting.

      Sec. 4106. Accrual of benefits.

      Sec. 4107. Eligibility for unemployed adults.

      Sec. 4108. Transitional benefits option.

      Sec. 4109. Minimum benefit.

      Sec. 4110. Availability of commodities for the emergency food assistance program.

Part III--Improving Program Operations

      Sec.