The 2008 Farm Bill: Major Provisions and Legislative Action

The 2008 Farm Bill:
Major Provisions and Legislative Action
Updated November 6, 2008
Renée Johnson, Coordinator,
Geoffrey S. Becker, Tom Capehart, Ralph M. Chite,
Tadlock Cowan, Ross W. Gorte, Charles E. Hanrahan,
Remy Jurenas, Jim Monke, Jean M. Rawson, Randy Schnepf
Resources, Science, and Industry Division
Joe Richardson
Domestic Social Policy Division
Donald J. Marples, Mark Jickling, and N. Eric Weiss
Government and Finance Division



The 2008 Farm Bill:
Major Provisions and Legislative Action
Summary
The Food, Conservation, and Energy Act of 2008 (P.L. 110-246, “2008 farm
bill”) was enacted into law on June 18, 2008. It contains 15 titles covering support
for commodity crops, horticulture and livestock production, conservation, nutrition,
trade and food aid, agricultural research, farm credit, rural development, energy,
forestry, and other related programs. It also includes provisions that make certain
changes to tax laws, in order to offset some new spending initiatives in the final bill.
The enacted bill succeeds the most recent 2002 farm bill (P.L. 107-171) and is to
guide most federal farm and food policies through 2012. Many provisions of the
2002 farm bill expired in September 2007, but were extended under a series of
temporary extensions prior to final enactment of the 2008 bill.
The enacted 2008 farm bill continues and/or modifies most existing farm and
commodity programs, and also creates new programs and provisions. For farm
commodities, the bill generally continues the framework of the 2002 farm bill,
revises payment limitations (tightening certain limits and relaxing others), adjusts
support prices for some commodities, and creates a new revenue support program,
in addition to the traditional direct, counter-cyclical, and marketing loan programs
for major supported crops. The bill also adds new stand-alone titles containing
provisions to address horticulture and livestock issues, including new mandatory
funding for specialty crop block grants and to support organic production; and
provisions to address meat and poultry inspection, country-of-origin labeling, and
livestock competition. Other provisions include changes to the current crop
insurance program, a new provision for ongoing disaster assistance, and expanded
borrowing opportunities for beginning and socially disadvantaged farmers.
The bill’s nutrition title increases food stamp benefits and sets new standards
that will make more households eligible, and also raises funding for fresh fruits and
vegetables in most domestic food programs. For research, the bill requires the
reorganization of USDA’s research, extension, and economic agencies. For most
other titles — conservation, international trade and food aid, rural development,
forestry, and energy — the enacted law reauthorizes, expands, and/or modifies many
of the existing programs, creates new programs and initiatives, and allows some
programs to expire.
The Congressional Budget Office (CBO) estimates the total cost of the 2008
farm bill (i.e., baseline plus new spending, using its March 2007 baseline) at just
under $284 billion in total budget authority over five years (FY2008-FY2012).
About $42 billion (15%) in projected spending will support commodity crops, $189
billion (67%) will support the cost of domestic nutrition programs, $24 billion (9%)
will support conservation programs, and $22 billion (8%) will support crop
insurance. Another $14 billion is expected to be spent on supplemental disaster
assistance, trade, horticulture and livestock production, rural development, research,
forestry and energy, and other programs. Offsets from tax provisions and proceeds
from the credit, crop insurance, and commodity program titles are estimated at $10
billion (FY2008-FY2012).



Area of ExpertiseNameTelephone
Report Coordinator/OverviewRenée Johnson7-9588
Food and Feed Grain SupportJim Monke7-9664
Ralph M. Chite (dairy)7-7296
Other Commodity Support ProgramsRemy Jurenas (sugar)7-7281
Randy Schnepf (cotton)7-4277
Payment Limits
Planting FlexibilityJim Monke7-9664
Farm Credit
Crop Insurance; Disaster AssistanceRalph M. Chite7-7296
ConservationRenée JohnsonTadlock Cowan7-95887-7600
EnergyTom Capehart7-2425
Agricultural Trade and Food AidCharles E. Hanrahan7-7235
Specialty Crops; also AgriculturalJean M. Rawson7-7283
Research, Extension, & Economics
Meat and Poultry Inspection; MarketingGeoffrey S. Becker7-7287
and Regulatory Programs; Food Safety
Rural DevelopmentTadlock Cowan7-7600
ForestryRoss Gorte7-7266
Domestic Food Assistance and NutritionJoe Richardson7-7325
Programs
Revenue-Raising Tax ProvisionsDonald J. Marples7-3739
Small Business Disaster ResponseN. Eric Weiss7-6209
Commodity Futures Trading CommissionMark Jickling7-7784
(CFTC) reauthorization
Acknowledgments
Portions of this report were originally written by retired CRS specialists Jasper
Womach, Jeffrey Zinn, and David Brumbaugh.



Contents
Overview ........................................................1
Congressional Action...............................................1
2008 Farm Bill Policy Setting....................................1
Budgetary Considerations...................................2
Trade Negotiations and Commitments.........................3
The Administration’s Policy Recommendations..................3
Other Recommendations/Proposals............................4
Legislative Development........................................4
Brief Overview of Provisions....................................5
Projected Cost................................................8
2008 Farm Bill Implementation...................................8
Summary of the 2008 Farm Bill Provisions.............................10
Title I: Commodity Programs...................................11
Grains, Oilseeds, and Cotton Support.........................11
Dairy...................................................14
Sugar ..................................................15
Title II: Conservation..........................................16
Land Retirement/Easement Programs.........................17
Working Lands Programs..................................18
New Conservation Programs................................19
Title III: Trade...............................................20
Food Aid...............................................20
Trade ..................................................21
Title IV: Nutrition............................................22
Supplemental Nutrition Assistance Program....................23
The Emergency Food Assistance Program.....................23
Other Programs..........................................24
Title V: Credit...............................................25
Farm Service Agency......................................25
Farm Credit System.......................................25
Title VI: Rural Development...................................26
Title VII: Agricultural Research.................................27
Research Management.....................................28
Funding ................................................29
Title VIII: Forestry............................................29
Title IX: Energy..............................................30
Title X: Horticulture and Organic Agriculture.......................31
Title XI: Livestock............................................33
Competition and Marketing.................................33
Country-of-Origin Labeling.................................34
Inspection, Registries, and Grading...........................34
Other Provisions.........................................35
Title XII: Crop Insurance and Disaster Assistance Programs...........36
Crop Insurance Program...................................36
Other Disaster Assistance Programs..........................37
Title XIII: Commodity Futures..................................38



Socially Disadvantaged and Limited Resource Producers..........39
Agricultural Security......................................40
Title XV: Trade and Tax Provisions..............................40
Supplemental Agricultural Disaster Assistance..................40
Tax Provisions...........................................41
Major Provisions of the Enacted 2008 Farm Bill (P.L. 110-246) Compared
with Previous Law and the House- and Senate-Passed Bills (H.R. 2419)..43
Title I: Commodities..........................................43
Grains, Cotton, Peanuts, and Minor Commodities...................43
Definitions ..............................................43
Base Acres and Program Yields..............................47
Prohibition on Small Payments..............................48
Producer Agreement......................................48
Planting Flexibility........................................49
Direct Payments..........................................50
Counter-cyclical Payments..................................51
Revenue-based Counter-cyclical Payments.....................53
Nonrecourse Marketing Loans and Other Recourse Loans.........56
Payment Limits..........................................63
Adjusted Gross Income Limitation...........................66
Administrative Provisions..................................67
Dairy.......................................................71
Dairy Price Support Program................................71
Dairy Forward Pricing Program..............................72
Dairy Export Incentive Program.............................72
Dairy Indemnity Program...................................73
Dairy Promotion and Research Program.......................73
Federal Milk Marketing Orders..............................73
Mandatory Dairy Commodity Price Reporting..................74
Sugar ......................................................74
No Net Cost Directive.....................................74
Price Support Levels, Loans and Payments.....................74
Marketing Allotments and Allocations........................75
Trade-Related Provisions...................................76
Title II: Conservation..........................................77
Program Definitions and Funding............................77
Highly Erodible and Wetland Conservation....................77
Comprehensive Conservation Enhancement Program.............78
Conservation Reserve Program..............................79
Wetlands Reserve Program.................................81
Conservation Security Program..............................82
Environmental Quality Incentives Program.....................84
Farmland Protection Program...............................88
Grassland Reserve Program.................................89
Wildlife Habitat Incentives Program..........................91
Other Conservation Programs...............................91
New Conservation Programs................................94
Title III: Agricultural Trade and Aid..............................99
P.L. 480 Food Aid........................................99
Other Food Aid Programs.................................104



Other Trade Provisions...................................106
Provision Regarding .....................................107
Title IV: Nutrition...........................................107
Reauthorization .........................................107
Food Stamp Program.....................................108
Fruits and Vegetables.....................................113
The Emergency Food Assistance Program....................114
Commodity Supplemental Food Program.....................115
Food Distribution Program on Indian Reservations.............115
Senior Farmers’ Market Nutrition Program....................115
Community Food Projects.................................115
Geographic Preference (Purchase of Locally Produced Foods).....116
Special Initiatives........................................117
Title V: Agricultural Credit...................................119
USDA Farm Ownership Loans.............................119
USDA Farm Operating Loans..............................121
Administrative Provisions.................................122
Farm Credit System......................................124
Title VI: Rural Development..................................126
Defining Rural Eligibility.................................126
Rural Infrastructure: Water and Waste Disposal................126
Rural Broadband and Telecommunications Development........128
Agricultural-Based Rural Economic Development..............130
Regional Economic Development and Planning................131
Rural Entrepreneurship and Business Investment Programs.......132
Community Development Programs.........................133
Other Rural Development Provisions........................135
Title VII: Agricultural Research................................136
Structure and Funding of Research, Education, and Extension.....136
Provisions Affecting Certain Research Institutions .............139
Organic Agricultural Research..............................142
Specialty Crops Research..................................143
Bioenergy Research......................................143
Other Research Provisions.................................145
Extended Program Authorizations...........................150
Repeal of Program Authorizations...........................151
Title VIII: Forestry..........................................152
Cooperative Forestry Programs.............................152
Other Forestry Provisions.................................153
Title IX: Energy............................................155
Farm and Community Energy Systems.......................155
Biofuel Feedstocks.......................................157
Biofuel Research and Education............................159
Other Renewable Energy Provisions.........................162
Title X: Horticulture and Organic Production......................162
Marketing and Trade Promotion, Consumer Access.............162
Organic Agriculture Production.............................164
Pest and Disease Control..................................165
Food Safety Provisions...................................167
Disaster Assistance......................................167
Specialty Crop Sector Data Collection.......................167



Title XI: Livestock...........................................169
Livestock Mandatory Reporting............................169
Meat and Poultry Inspection...............................169
Seafood Grading and Inspection............................170
Country of Origin Labeling (COOL).........................170
Agricultural Fair Practices Act.............................171
Packers and Stockyards Act................................171
Animal Pest and Disease Programs..........................172
National Animal Identification System.......................173
Other Commodity-Specific Provisions.......................174
Title XII: Crop Insurance & Disaster Assistance Programs...........174
Timing of Crop Insurance Payments and Receipts..............174
Reimbursement of Administrative and Operating Expenses.......175
Premiums and Fees......................................175
Standard Reinsurance Agreement and Risk-Sharing.............176
Program Integrity (Waste, Fraud, and Abuse)..................177
Risk Management Research and Development.................177
Small Business Disaster Loan Program.......................178
Title XIII: Commodity Futures.................................179
Title XIV: Miscellaneous......................................179
Section 32 Funding for Nutrition Programs....................179
Socially Disadvantaged and Limited Resource Producers.........180
Pigford Discrimination Decision............................182
Agricultural Biosecurity...................................182
Food Safety Commission..................................184
Foods from Cloned Animals...............................185
Invasive Species.........................................185
Animal Welfare Act......................................186
Other APHIS-Related Provisions...........................187
Miscellaneous Rural Development Provisions.................188
Other Miscellaneous Title Provisions........................189
Title XV: Revenue & Offsetting Cost Provisions...................191
Supplemental Agriculture Disaster Assistance.................191
Customs User Fees.......................................192
Other Revenue and Tax-Related Provisions...................192
Tax-Related Conservation Provisions........................194
Tax-Related Energy Provisions.............................196
Agricultural Tax Provisions................................198
Other Provisions........................................201
Appendix: 2007-2008 Farm Bill Debate Timeline......................204
List of Tables
Table 1. 2002 Farm Bill Actual Spending (FY2002-FY2007 est.) and the
March 2007 CBO Baseline (FY2008-FY2013).......................2
Table 2. CBO Estimated Costs for the 2008 Conference Agreement on the
Farm Bill (FY2008-FY2012).....................................9



The 2008 Farm Bill:
Major Provisions and Legislative Action
Overview
Roughly every five years, Congress debates legislation governing federal farm
and food policy. The 2002 farm bill (P.L. 107-171) covered a wide range of
programs including commodity price and income support, farm credit, agricultural
conservation, research, rural development, and foreign and domestic food programs,
among others. In 2007, both the House and Senate completed committee and floor
action on their respective versions of the new farm bill. However, conference
negotiations were initially delayed because of differences between committee
leadership and the Administration’s position, largely over tax-related provisions
needed to offset new spending in the bill. Many provisions of the 2002 farm bill
expired in September 2007, but were continued under a series of temporary
extensions to allow more time to resolve differences between the House- and Senate-
passed bills.
On May 8, 2008, House and Senate farm bill conferees announced the details
of a completed conference agreement (H.R. 2419, the Food, Conservation, and
Energy Act of 2008). The following week, both chambers completed floor action
and approved the final conference agreement on the 2008 farm bill. The Bush
Administration vetoed the legislation, but both the House and Senate voted to
override the veto. On May 22, the 2008 farm bill was enacted into law (P.L. 110-
234). However, the newly enacted law contained only 14 of the 15 farm bill titles
because an enrolling error resulted in one title of the bill being omitted from the
version that was sent to the White House. To resolve this issue, both the House and
Senate passed a version of the 2008 farm bill with all 15 original bill titles (H.R.
6124). The President vetoed H.R. 6124 on June 18. That same day, both the House
and Senate voted to override the veto and the bill became law (P.L. 110-246),
replacing P.L. 110-234.
Congressional Action
2008 Farm Bill Policy Setting
The 2007/2008 farm bill debate differed from the 2002 debate in some
important ways. First, the 2008 farm bill faced potentially significant budgetary and
spending constraints, while the 2002 farm bill was crafted during a period of budget
surplus. Second, the 2008 farm bill debate was set against a backdrop of an ongoing
multilateral negotiation, which targeted farm subsidies and challenged U.S. support
and legal programs under existing trade rules. Third, the Bush Administration
submitted its own detailed proposal for the new farm bill, whereas for other recent



farm bills the Administration had not issued specific recommendations. Fourth,
many other groups, including both traditional and non-agricultural interests, also
submitted specific recommendations that ranged from maintaining the status quo to
making dramatic policy changes.
Budgetary Considerations. As with all federal programs, the farm bill
debate was influenced by budgetary constraints imposed by Congress. Recent federal
deficits raised concerns with respect to reauthorization or expansion of current farm
programs. Prior to congressional consideration of a new farm bill, budget projections
showed a lower baseline budget for agriculture programs, mainly because high
commodity prices had caused projections of future farm program spending to fall
sharply below previous projections. The Congressional Budget Office’s (CBO’s)
March 2007 baseline budget served as the official benchmark for the FY2008 budget
resolution and for scoring the budgetary impacts of the new farm bill. The CBO
baseline assumed continuation of current farm bill policies under expected economic
conditions. The budget resolution set the actual spending constraints for the
agriculture committees as they drafted a new farm bill.
In May 2007, Congress approved the FY2008 budget resolution, which adopted
the baseline budget as the fiscal parameter for the next farm bill. It also included a1
$20 billion reserve fund (above baseline) for new farm bill spending over five years.
However, any new spending was required to be deficit-neutral, meaning that it would
have to be offset with equivalent reductions in other federal spending for existing
mandatory programs, or by raising revenues. Large increases in the market prices of
corn and other commodities since the summer of 2006 contributed to a lower March
2007 baseline for farm program spending. For example, the March 2007 baseline
projected spending for commodity support payments under current law to be $42.4
billion for the FY2008-FY2013 period, about $30 billion lower than actual spending
in the previous six years (Table 1). Baseline estimates for mandatory conservation
and nutrition programs for the next six years were higher compared to the previous
six years.
Table 1. 2002 Farm Bill Actual Spending (FY2002-FY2007 est.)
and the March 2007 CBO Baseline (FY2008-FY2013)
(outlays in $ millions)
Commodi ty Conservation Exports F ood Tot a l
SupportStamps
Baseline (FY08-FY13)42,44626,4962,005225,845296,792
Actual (FY02-FY07)72,93418,3231,648178,158271,063
Baseline vs. Actual-30,488+8,173 +357 +47,687+25,729
Source: Compiled by CRS from various Congressional Budget Office (CBO) baselines for 2007. The
FY2008-2013 baseline is as of March 2007 and does not include the cost of the 2008 farm bill. The report
section titled “Projected Cost” provides cost estimates of the 2008 farm bill.


1 Concurrent Resolution on the Budget for Fiscal Year 2008, Deficit-Neutral Reserve Fund
for the Farm Bill (H.Rept. 110-153, conference report, Section 307).

Trade Negotiations and Commitments. The farm bill debate was also
influenced by obligations concerning the design and size of farm subsidies under the
World Trade Organization (WTO) Agreement on Agriculture, as well as by the U.S.
position in the Doha Round of multilateral negotiations.
Agreement in the Doha Round was expected to converge in 2007 with the
expiration of the 2002 farm bill, and to occur well before the June 30, 2007,
expiration of Trade Promotion Authority (TPA), which provides for expedited
congressional consideration of trade agreements. Some policymakers wanted a Doha
Round agreement so that the next farm bill could be made consistent with new farm
trade rules; others argued that the United States should not unilaterally change its
own subsidy programs ahead of any multilateral trade agreement. Progress on the
Doha Round stalled in 2006 and again in 2008, and criticisms and legal challenges
by some WTO member countries of current U.S. farm programs have continued.2
The Administration’s Policy Recommendations. In January 2007, the
Bush Administration released its own detailed recommendations for the farm bill that
aimed to substantially alter many aspects of the current commodity support system
and other existing farm bill programs.3 The Administration’s stated approach for
designing its 2007 farm bill recommendations was to take a “reform-minded and
fiscally responsible approach to making farm policy more equitable, predictable and
protected from challenge.”4 In part, this referred to the perceived need to more
evenly distribute federal program spending and benefits across a larger share of the
U.S. farm community, as well as the perceived need to modify current farm programs
to better comply with WTO obligations and limit future legal challenges from other
countries. Some of these same concerns were voiced in recommendations and
proposals by other organizations and interest groups.
The Administration’s proposed changes would have also faced potential funding
obstacles, given budget constraints for the 2008 farm bill. Nevertheless, President
Bush repeatedly threatened to veto any legislation that included certain revenue and
tax-related provisions being considered by Congress, as well as legislation that failed
to implement certain policy changes, including cuts in farm income subsidies, among
other policy issues and concerns.5 Also during the debate, the Administration


2 For more information, see CRS Report RL33144, WTO Doha Round: The Agricultural
Negotiations; CRS Report RL33697, Potential Challenges to U.S. Farm Subsidies in the
WTO; and CRS Report RL33853, Canada’s WTO Case Against U.S. Agricultural Support.
3 USDA, USDA’s 2007 Farm Bill Proposals, January 31, 2007, at [http://www.usda.gov/
documents/07finalfbp.pdf]. Reports and other related materials are at [http://www.usda.
gov/wps/portal/!ut/p/_s.7_0_A/7_0_1UH?navid=FARM_BILL_FORUMS]. Also see CRS
Report RL33916, The USDA 2007 Farm Bill Proposal: Possible Questions.
4 USDA, “Johanns Unveils 2007 Farm Bill Proposals,” Release No. 0020.07, January 31,

2007, at [http://www.usda.gov/wps/portal/usdahome].


5 Office of Management and Budget (OMB), Statement of Administration Policy, H.R. 2419,
at [http://www.whitehouse.gov/omb/legislative/sap/110-1/hr2419sap-r.pdf] (House, May 25,

2007) and [http://www.whitehouse.gov/omb/legislative/sap/110-1/hr2419sap-s.pdf] (Senate,


Nov. 6, 2007).

recommended that Congress consider a one- or two-year extension of the current
farm bill and take up a new farm bill in the next session.6
On May 21, President Bush vetoed the conference agreement on H.R. 2419. A
second bill containing all 15 original farm bill titles, H.R. 6124, was again vetoed on
June 18. Among the reasons cited by the Administration for the veto were Congress’
inclusion of certain revenue and tax-related provisions in both bills. The
Administration was also concerned that the legislation did not include certain policy
reforms in farm income subsidies, and was concerned about possible incompatibility
with U.S. obligations under the WTO, among other policy issues. Doha Round
negotiations are continuing, however. If agreement is reached, then implementing
legislation could require changes in some farm bill programs and limit spending on
farm support.
Other Recommendations/Proposals. The 2007/2008 farm bill debate
differed from the 2002 debate in the number and scope of proposals seeking a range
of changes to existing programs, as well as the addition of new ones. Many of these
recommendations gained support within and outside Congress. In addition to the
Administration proposal, several organizations and interest groups released their own
farm bill recommendations. These included state organizations, national farm
groups, commodity associations, conservation and rural development organizations,
nutrition program advocates, and several non-traditional interest groups. These
policy recommendations represented diverse interests seeking objectives ranging
from maintaining current programs to substantially altering or eliminating them.
Some recommendations were incorporated into bills introduced by some Members
of Congress during the debate, who sought to directly challenge the existing farm
legislation and programs through comprehensive and broad-based proposed
legislative changes. Others in Congress were reluctant to change current programs
because they are strongly supported by the long-time beneficiaries.
Legislative Development
In anticipation of the 2007 farm bill, both the House and Senate Agriculture
Committees conducted hearings in Washington DC and across the country during
2006, and continued to hold hearings early in 2007.7 Early in 2007, the chairmen of
both the House and Senate Agriculture Committees indicated their intention to
complete work on a new farm bill prior to the August 2007 recess, with full
congressional action by September. The House Agriculture Committee conducted
its markup of its version of the farm bill (H.R. 2419) in mid-July, and completed
House floor action on July 27, 2007. The Senate Agriculture Committee approved
its version (S. 2302) in October and, on December 14, the Senate completed floor
action on its bill, which was offered as a substitute amendment to the House bill
(H.R. 2419).


6 For information about what could have happened if a new farm bill was not enacted and
various provisions of the 2002 farm bill were to expire, see CRS Report RL34154, Possible
Expiration of the 2002 Farm Bill.
7 Information on House and Senate Agriculture Committee hearings is at [http://agriculture.
house.gov/hearings/index.html] and [http://agriculture.senate.gov/Hearings/hearings.cfm].

Conference negotiations were initially delayed because of differences between
committee leadership and the Administration, and also differences between the
House and Senate on how to resolve approaches to finance new spending above
baseline using tax provisions not usually associated with farm bills. During this time,
many provisions in the 2002 farm bill were set to expire in September 2007. Certain
provisions were extended until March 15, 2008, under the Consolidated
Appropriations Act for FY2008 (P.L. 110-161). Following this extension, Congress
approved a series of additional temporary extensions, including a one-month
extension and four consecutive short-term extensions lasting through May 23, 2008.8
Conferees began official meetings in April 2008.
On May 8, 2008, House and Senate farm bill conferees announced the details
of a completed conference agreement (H.R. 2419, the Food, Conservation, and
Energy Act of 2008). On May 14, 2008, the House passed the conference agreement
on the 2008 farm bill by a vote of 318-106. On May 15, the Senate passed the same
bill by a vote of 81-15. Concurrently, on May 14, both the House and Senate passed,
by voice vote, the final temporary extension of current law lasting until the earlier of
May 23, 2008, or the date the 2008 farm bill was signed into law.
On May 21, 2008, the Bush Administration vetoed the legislation. The House
voted to override the veto by a vote of 316-108 also on May 21, followed by a Senate
veto override by a vote of 82-13 the next day. On May 22, the 2008 farm bill was
enacted into law (P.L. 110-234). However, an enrolling error resulted in one title of
the bill (Title III, Trade) being omitted from the version that was sent to the White
House. The newly enacted law contained 14 of 15 farm bill titles. To resolve this
issue, both the House and Senate passed a version of the 2008 farm bill with all 15
original bill titles (H.R. 6124). The President vetoed H.R. 6124 on June 18, 2008.
That same day both the House (80-14) and the Senate (317-109) voted to override the
veto and the bill became law (P.L. 110-246), replacing P.L. 110-234. A timeline
showing a chronology of major events is provided at the end of this report.
Brief Overview of Provisions
The enacted 2008 farm bill contains 15 titles covering support for commodity
crops, horticulture and livestock production, conservation, nutrition, trade and food
aid, agricultural research, farm credit, rural development, energy, forestry, and other
related programs. It also includes tax-related provisions that make certain changes
to tax laws in order to offset new spending initiatives in the rest of the bill. The 2008
farm bill replaces many of the provisions of the 2002 farm bill (P.L. 107-171) and
guides most federal farm and food policies through 2012.
The 2008 farm bill includes five new titles that were not in the 2002 farm bill,
covering horticulture and livestock products, crop insurance and disaster assistance,
commodity futures, and various tax and trade provisions. The text box shows the
titles of the 2008 farm bill and briefly describes some title provisions.


8 March 12 (P.L. 110-196), April 17 (P.L. 110-200), April 24 (P.L. 110-205), May 1 (P.L.
110-208), and May 14 (P.L. 110-231). Information about what could have happened if the
new farm bill was not enacted and provisions of the 2002 farm bill had expired is discussed
in CRS Report RL34154, Possible Expiration (or Extension) of the 2002 Farm Bill.

The 2008 Farm Bill: Titles and Respective Programs and Policies
!Title I, Commodities: Income support to growers of selected commodities, including
wheat, feed grains, cotton, rice, oilseeds, peanuts, sugar, and dairy. Support is largely
through direct payments, counter-cyclical payments, and marketing loans. Other
support mechanisms include government purchases for dairy, and marketing quotas
and import barriers for sugar.
!Title II, Conservation: Environmental stewardship of farmlands and improved
management practices through land retirement and working lands programs, among
other programs geared to farmland conservation, preservation, and resource protection.
!Title III, Agricultural Trade and Food Aid: U.S. agriculture export and
international food assistance programs, and various World Trade Organization (WTO)
obligations.
!Title IV, Nutrition: Domestic food and nutrition and commodity distribution
programs, such as food stamps and supplemental nutrition assistance.
!Title V, Farm Credit: Federal direct and guaranteed farm loan programs. Also
specifies loan eligibility rules and other policies.
!Title VI, Rural Development: Business and community programs for planning,
feasibility assessments, and coordination activities with other local, state, and federal
programs, including rural broadband access.
!Title VII, Research: Agricultural research and extension programs, including
biosecurity and response, biotechnology, and organic production.
!Title VIII, Forestry: USDA Forest Service programs, including forestry
management, enhancement, and agroforestry programs.
!Title IX, Energy: Bioenergy programs and grants for procurement of biobased
products to support development of biorefineries and assist eligible farmers, ranchers,
and rural small businesses in purchasing renewable energy systems, as well as user
education programs.
!Title X, Horticulture and Organic Agriculture: A new farm bill title covering fruits,
vegetables, and specialty crops and organic agriculture.
!Title XI, Livestock: A new farm bill title covering livestock and poultry production,
including provisions that amend existing laws governing livestock and poultry
marketing and competition, country-of-origin labeling requirements for retailers, and
meat and poultry state inspections, among other provisions.
!Title XII, Crop Insurance and Disaster Assistance: A new farm bill title covering
crop insurance and assistance previously included in the miscellaneous title (not
including the supplemental disaster assistance provisions in the Trade and Tax title).
!Title XIII, Commodity Futures: A new farm bill title covering reauthorization of the
Commodity Futures Trading Commission (CFTC) and other changes to current law.
!Title XIV, Miscellaneous: Other types of farm programs and assistance not covered
in other bill titles, including provisions to assist limited-resource and socially
disadvantaged farmers, agricultural security, and other provisions.
!Title XV, Trade and Tax Provisions: A new title covering tax-related provisions
intended to offset spending initiatives for some programs, including those in the
nutrition, conservation, and energy titles. The title also contains other provisions,
including the new supplemental disaster assistance and disaster relief trust fund.



For commodities (Title I), the enacted 2008 farm bill generally continues the
framework of the 2002 farm bill, but with changes to program eligibility criteria and
payment limitations, and adjustments to target prices and loan rates for some
commodities, covering the 2008 through 2012 crop years. The bill creates a new
Average Crop Revenue Election (ACRE) program beginning in crop year 2009. It
also adds new provisions to address horticulture and livestock issues, and creates two
new titles to address these sectors (Title X and Title XI). The bill provides
mandatory funding for specialty crop block grants and adds new provisions
supporting pest and disease programs, new funding for growth of farmers’ markets
and for transitioning producers to organic production, and price reporting and organic
data collection, among other provisions. New animal agriculture provisions include
changes to existing laws governing livestock and poultry marketing and competition,
and changes in country-of-origin labeling requirements and meat and poultry
inspections.
The nutrition title (Title IV) reauthorizes and increases funding for most farm
bill authorized programs. It increases benefits and makes more households eligible
under in the Food Stamp program, which the farm bill conferees have renamed the
Supplemental Nutrition Assistance program. The 2008 farm bill also provides new
spending to increase purchases of commodities for The Emergency Food Assistance
Program (TEFAP), expands the Fresh Fruit and Vegetable program, and adds funding
for the Senior Farmers’ Market Nutrition program (SFMNP). The bills’ international
food aid and trade provisions (Title III) reauthorize funding for USDA’s international
food aid export market development, export credits, and export guarantees, and also
address barriers to U.S. agriculture exports.
Under the conservation (Title II), energy (Title IX), rural development (Title
VI), and forestry titles (Title VIII), the 2008 farm bill reauthorizes, expands, and
modifies many existing programs, creates new programs and initiatives, and allows
some programs to expire. The bill also reauthorizes, expands, and modifies many of
the existing provisions under the research title (Title VII) by requiring the
reorganization of USDA’s research, extension, and economic agencies.
The 2008 farm bill expands borrowing opportunities under USDA’s Farm
Service Agency loan program (Title V). It also creates a new farm bill title to modify
crop insurance (Title XII), which provides significant savings to offset the cost of
new spending in other parts of the bill. Provisions in the bill also provide ongoing
disaster assistance (Title XV) and address agricultural security and animal quarantine
inspections (Title XIV).
The bill includes revenue and offsetting cost provisions that are outside the
jurisdiction of the agriculture committees. These provisions make certain changes
to tax laws that are intended to offset additional spending in the farm bill, and were
added by both chambers to comply with current pay-go budget rules (Title XV). The
2008 farm bill also includes the reauthorization of and modifications to the
Commodity Futures Trading Commission (CFTC).
The report section titled “Summary of the 2008 Farm Bill Provisions” provides
more detailed discussions of the major provisions in the final conference agreement
and in the House and Senate versions of the farm bill.



Projected Cost
The Congressional Budget Office (CBO) estimates the total cost of the 2008 bill
(i.e., baseline plus new funding, using the March 2007 baseline) at $284 billion over
FY2008-FY2012 and $604 billion over FY2008-FY2017 (Table 2).9 The costs
discussed in this report are mandatory outlays that do not require appropriations
actions. The farm bill also authorizes discretionary programs that require
appropriators to allocate funds and thus are not reflected in the table.
Table 2 provides a title-by-title breakdown of CBO spending estimates for the
enacted 2008 farm bill, covering both FY2008-FY2012 and FY2008-FY2017. The
overwhelming share (more than 95%) of estimated total net outlays for programs
included in the farm bill is anticipated to be spent on programs and activities covered
by the nutrition (67%), the commodities (15%), the conservation (9%), and crop
insurance titles (8%). Of the $284 billion in projected total five-year net outlays for
programs under the farm bill — including revenue and cost-offset provisions in the
bill — about $42 billion in projected spending will support commodity crops, $189
billion will support the cost of food stamps and commodity assistance, $24 billion
will support conservation programs, and $22 billion will support crop insurance. For
FY2008-FY2012, the enacted bill also includes nearly $4 billion in new spending for
supplemental disaster assistance (included under Title XV). Another $10 billion is
expected to be spent on trade, horticulture and livestock production, rural
development, research, forestry and energy, and other programs.
Tax-related provisions — particularly from customs user fees and corporate
estimated tax payments in the bill — along with cost savings from some farm bill
programs, are expected to generate additional funding to offset any new spending.
CBO estimates that offsets in the bill total more than $10 billion over five years
(FY2008-2012) (Table 2), which includes tax-related provisions, and proceeds from
the credit, crop insurance, and commodity program titles. Disaster assistance and
programs under the nutrition and conservation titles account for the majority of the
new spending in the bill.
2008 Farm Bill Implementation
Many of the program changes included in the 2008 farm bill will require action
by USDA to develop regulations and guidelines. How USDA interprets these
changes and follows through with modifications at the program level will likely be
subject to additional scrutiny over the coming year, especially since many of these
legislative changes must be made by dates specified in the farm bill.


9 Estimates reflect the cost of the bills’ mandatory programs only. The bills also include
authorization of appropriations for discretionary programs not included in these estimates.
The March 2007 baseline is used because the House, the Senate, and the conferees
structured their provisions in relation to this baseline. If the March 2008 baseline were used,
the bill’s cost would be at least $4 billion over FY2008-FY2017.

Table 2. CBO Estimated Costs for the

2008 Conference Agreement on the Farm Bill (FY2008-FY2012)


(outlays in million $)
F Y 2008-F Y 2012 F Y 2008-F Y 2017
BaselineCBO ScoreTotalBaselineCBO ScoreTotal
( c hange) ( c hange)
Commodities (Title I)43,354(1,726)41,62887,179(1,658)85,521
Conservation (Title II)21,3922,72024,11250,6994,00054,699
Trade/Food Aid (Title III)1,823301,8533,715(78)3,637
Nutrition (Title IV)a 186,0052,897188,902397,1319,218406,349
Credit (Title V)(1,046)(378)(1,424)(2,321)(306)(2,627)
Rural Development (Title VI)7212219472149221
Research (Title VII)290313211,290(907)383
Forestry (Title VIII)0383804545
Energy (Title IX)4160264343836879
Horticulture/Organic (Title X) — 402402 — 938938
Livestock (Title XI) — 11 — 11
Crop Insurance (Title XII)25,718(3,860)21,85852,743(5,591)47,152
Commodity Futures (Title XIII) — 00 — 00
Miscellaneous (Title XIV)b 6,338446,38213,668(138)13,530
Disaster Assistance (Title XV) — 3,8073,807 — 3,8073,807
Tax/Other (Title XV) — (4,798)(4,798) — (10,429)(10,429)
283,987 (66) 283,921 604,218 (107) 604,111
Source: Compiled by CRS using the Congressional Budget Office (CBO) March 2007 baseline and CBO score of the
conference agreement for H.R. 2419, the Food, Conservation, and Energy Act of 2008; also Senate Finance Committee,
Estimated Revenue Effects of the Conference Agreement for Title XV of H.R. 2419, Fiscal Years 2008-2018, 08-2 068 R10
(Preliminary), May 13, 2008. May not add due to rounding.
a. New outlays for the expanded Fresh Fruit and Vegetable program required in the nutrition title, $274 million
(FY2008-FY2012) and $1.020 billion (FY2008-FY2017), are not reflected in this table because they are effectively
offset with money from permanent appropriations under Section 32, mandated in Title XIV.
b. Excludes estimates for crop insurance provisions previously included as part of the farm bill’s miscellaneous provisions.
Requirements and/or regulatory guidelines will be needed to implement various
newly enacted or modified program provisions. For example, these include the new
revenue-based counter-cyclical program and new requirements on producer payment
limits (Title I); new mandatory country-of-origin labeling for certain livestock, and
poultry, and other products, as well as new state meat and seafood inspections (Title
XI); and new mandatory provisions for fruit and vegetable crops and organic
agriculture (Title X). The farm bill’s new Supplemental Agricultural Assistance
programs (Title XV) will require regulations to implement, with the biggest
implementation issue involving the timeliness of payments under the crop disaster
assistance portion of the programs. In addition, the farm bill’s research title (Title
VII) takes major step in consolidating programs and planning in USDA’s agricultural
research, education, and economics mission area, which will merge three existing
USDA agencies.
The farm bill's nutrition title (Title IV) makes changes to several existing
nutrition programs but requires little or no federal guidance as to their
implementation because they are "self-executing" (e.g., change or remove a specific
dollar amount specified in law), call for minimal revisions to existing rules, or are



state/local options. However, some initiatives, like the fresh fruit and vegetable
program, may be revisited in the 111th Congress when it takes up a scheduled
reauthorization of child nutrition laws. Other programs and provisions throughout
the farm bill — covering conservation, forestry, energy, and rural development,
among others — will also require new requirements and regulatory guidelines to
implement.
In June, 2008, USDA announced its plans for developing implementation
structures and procedures for the 2008 farm bill.10 As part of this plan, USDA began
working on a timeline for various priority items and regulatory development,
identifying responsible implementing agencies and also cross-cutting issues, working
with the Office of Management and Budget (OMB) on the rulemaking process, and
identifying action items for immediate action, among other steps. Earlier media
reports, however, have USDA asserting it might need more money beyond the $50
million that Congress provided to implement the new farm bill;11 other reports
suggest that technology needs at USDA could slow delivery of these enacted program
changes.12
In October 2008, USDA representatives told key congressional committee staff
that implementation of the 2008 farm bill would involve the development of more
than 150 individual regulations.13 An estimated 40 regulations are will be developed
by USDA’s Farm Service Agency (FSA); an estimated 24 regulations would be
required within a short turnaround, given that Congress had specified that regulations
be developed within 90 days of bill enactment. USDA representatives indicated that
there could be delays in the rulemaking process because of the “massive workload”
required and possible backlog in Federal Register publications.14
Summary of the 2008 Farm Bill Provisions
The following is a discussion of the major provisions in the 2008 farm bill. As
with any omnibus bill covering many issues and laws, the 2008 farm bill may contain
technical inconsistencies that are likely to be rectified in a later law. The effects of
these inconsistencies are not reflected in the following side-by-side.
Following the discussion is a detailed side-by-side comparison summarizing the
major provisions in the 2008 farm bill and comparing the enacted bill provisions with


10 USDA, "USDA Implementation of the 2008 Farm Bill (as of June 17, 2008)." Information
provided to House Agriculture Committee staff.
11 J. Hagstrom, "USDA Says It Needs More Cash to Implement Farm Bill," National Journal,
June 26, 2008.
12 S. Wyant, "USDA Forges Ahead with Farm Bill Implementation," High Plains Journal,
June 5, 2008, at [http://hpj.com/archives/2008/jun08/jun9/USDAforgesaheadwithfarmbill.
cfm].
13 USDA, "Farm Bill Implementation Status report for Congressional Staff,” October 3,

2008. Information provided to House Agriculture Committee staff.


14 Statements during a briefing to House Agriculture Committee staff, October 3, 2008.

previous law and provisions in the House- and Senate-passed bills. USDA’s
Economic Research Service (ERS) also has published a side-by-side comparison of
the 2008 and the 2002 farm bills, as enacted.15
Title I: Commodity Programs
Grains, Oilseeds, and Cotton Support. The enacted 2008 farm bill
generally continues the farm commodity price and income support framework of the
2002 farm bill. It revises payment limitations by tightening some limits and relaxing
others, and adjusts target prices and loan rates for some commodities. It continues the
direct payment, counter-cyclical payment, and marketing loan programs for the 2008
through 2012 crop years. The enacted bill also creates a pilot revenue-based
counter-cyclical program beginning with the 2009 crop year. It also has a pilot
program for planting flexibility, restrictions on base acres developed for residential
use, and a new provision that eliminates benefits to farms with fewer than 10 acres.
For direct payments, the payment rates per commodity remain the same as under
the 2002 farm bill, but the overall formula contains a 2% reduction in direct
payments for crop years 2009-2011. This is accomplished by changing the ratio of
base acres on which direct payments are made from 85% to 83.3% of base acres. The
85% ratio is restored for the 2012 crop year to maintain baseline for the next farm bill
at a higher level. The reduction to 83.3% does not affect the counter-cyclical
payment formula. The final bill also adopts House and Senate provisions that
eliminate making advance direct payments in the 2012 crop year and thereafter. This
provision delays payment of 22% of the direct payment amount from December to
the following October, thus into a new fiscal year and allowing the farm bill to score
budget savings of about $1.1 billion in FY2012. Farmers will have to wait longer, but
will receive their full payment.
Support levels for counter-cyclical payments and marketing loans are adjusted
with many crops receiving notable increases, and support for cotton being reduced
slightly. Several commodity groups felt that their support levels were not high
enough relative to other commodities in the 2002 farm bill, and did not receive
counter cyclical support ever or as often (e.g., wheat, soybeans). For counter-cyclical
payments, six out of 10 commodities have an increase in their target price (wheat,
sorghum, barley, oats, soybeans and minor oilseeds), one has a small decrease
(cotton), and four are new in 2009 (dry peas, lentils, small chickpeas, large
chickpeas). For marketing loans, eight out of 20 commodities have an increase in
their loan rate (wheat, barley, oats, minor oilseeds, graded wool, honey, cane sugar,
beet sugar), two have a decrease (dry peas, lentils), and one is new in 2009 (large
chickpeas).
The 2008 farm bill does not change the “beneficial interest” rules, and thus
continues to allow farmers to lock in their loan deficiency payments (LDP) when
market prices are low, continue to own the commodity, and sell it at a future and
possibly higher market price. Policy makers want farmers to continue to have the


15 USDA, ERS, The 2008 Farm Bill Side-By-Side Comparison, at [http://www.ers.usda.gov/
FarmBill/2008/].

flexibility to market their commodities in response to market signals and benefit from
the program, but advocates for change point out that if farmers can sell their crop for
more than the support price, then government support should be unnecessary. The
Bush Administration had identified this as one of its priorities for commodity title
reform.
For the new revenue counter-cyclical option — the Average Crop Revenue
Election (ACRE) program — the final bill adopted the Senate approach, but with
significant modifications. Compared to the Senate-passed bill, the ACRE program
starts a year earlier in 2009 with less change to its interaction with direct payments
and marketing loans. The House-passed farm bill offered a pilot revenue
counter-cyclical program based on national-level revenues, while the Senate-passed
bill offered a state-level revenue counter-cyclical pilot program beginning in 2010
that replaced direct payments with a “fixed payment” and offered only recourse
loans.
Farmers will choose either the traditional price-triggered counter-cyclical
program or the new revenue-based ACRE option. Participants in the ACRE program
will continue to receive direct payments, but at a 20% reduced rate. Participants will
also continue to be eligible for nonrecourse marketing loans, but with a 30% lower
loan rate. To receive an ACRE payment, two triggers need to be met. First, the
actual state revenue for a supported crop during the crop year must be less than the
state-level revenue guarantee amount. Second, an individual farm’s actual revenue
for a supported crop during the crop year must be less than the farm’s benchmark
revenue. Benchmark yields at the state and farm levels are Olympic averages
(dropping the highest and lowest price) of the most recent five years. Price
guarantees are averages of the marketing year price (or the marketing loan rate
reduced by 30%, if greater) for the most recent two years. If both triggers are met,
an individual farm will receive an ACRE payment that is based on the state-level
difference between actual revenue and the ACRE guarantee per acre multiplied by
a percentage (83.3% or 85% depending on the crop year) of the farm’s planted
acreage, but pro-rated based on the individual farm’s yield history compared to the
state’s yield history.
The White House has criticized the ACRE program because its two-year price
guarantee feature will incorporate the historically high recent market prices into the
guarantee, and consequently possibly require large payments to farmers if market
prices decline from their currently record high levels in 2007 and 2008. The White
House has argued that the CBO score does not reflect the magnitude of this
possibility because market prices in the baseline are assumed to remain high.
The 2008 farm bill also includes a pilot planting flexibility program for fruits
and vegetables for processing, while continuing the overall restriction on planting
fruits and vegetables on base acreage. The pilot program begins in 2009, and allows
farmers in seven midwestern states to plant base acres to cucumbers, green peas, lima
beans, pumpkins, snap beans, sweet corn, and tomatoes grown for processing. Their
base acres are temporarily reduced for the year (resulting in lower direct and
counter-cyclical payments), but restored for the next crop year. The states include
Minnesota (34,000 acres), Wisconsin (9,000 acres), Michigan (9,000 acres), Illinois
(9,000 acres), Indiana (9,000 acres), Ohio (4,000 acres), and Iowa (1,000 acres).



The farm bill includes a Senate provision that eliminates base acres on land that
had been subdivided into multiple residential units or other non-farming uses. Prior
rules have eliminated base only for land developed for nonagricultural commercial
or industrial use.
The farm bill also eliminates payments to farms with fewer than 10 base acres
of all crops, except for farms owned by socially disadvantaged or limited-resource
farmers and ranchers. The acreage approach is different than a House provision
which set a minimum threshold of $25 per type of payment. The Senate had no
similar provision.
The bill requires USDA to reconcile social security numbers of program
recipients with a Social Security database twice a year to assure program
beneficiaries are alive, and to issue regulations describing how long a deceased
person’s estate may continue to qualify for program benefits. This is less specific
than the Senate provision, which specified a two-year period. This provision is in
response to a 2007 GAO report showing that farm commodity payments continue to
be paid to deceased farmers or their estates beyond the two-year regulation.
Payment Limits. Two types of payment limits exist. One sets the maximum
amount of farm program payments that a person can receive per year. The other sets
the maximum amount of income that an individual can earn and still remain eligible
for program benefits (a means test).
Regarding the limit on the amount of payments, the enacted 2008 farm bill
continues the $40,000 limit on direct payments and $65,000 limit on counter-cyclical
payments. The counter-cyclical limit will apply to both traditional and revenue
counter-cyclical payments. The final bill does not place any limit on marketing loan
benefits, and thus they are now unlimited. In the 2002 farm bill, marketing loan
benefits were limited to $75,000 per farm per year, but use of commodity certificates
and forfeiture were unlimited, thus creating equity issues.
The 2008 farm bill still allows doubling of those limits by having a spouse, but
eliminates the “three-entity rule” that formerly allowed an alternative means of
doubling by having multiple farms with different ownership arrangements. Along
with elimination of the three-entity rule, the conference agreement requires “direct
attribution” of program benefits to a living person. If a program payment cannot be
traced to a living person within four levels of ownership, the payment to the original
entity owning the farm is reduced proportionately.
Under the 2002 farm bill, the limit on payments was commonly regarded as
$360,000 per farm per year.16 Given the elimination of limits on the marketing loan
program, an equivalent comparison to the 2008 farm bill is difficult. The limit on
direct and counter-cyclical payments continues to be $210,000 per farmer couple per17


year.
16 Calculated as follows: $40,000 + $65,000 + $75,000 = $180,000 (doubled to $360,000).
17 Calculated as follows: $40,000 + $65,000 = $105,000 (doubled to $210,000).

Regarding the adjusted gross income (AGI) limit, the 2008 farm bill adopts a
slightly different approach than the 2002 farm bill or the House or Senate bills.
Formerly, the AGI limit had an exception if a certain proportion of AGI (e.g., 75%)
was earned from farming sources. The 2008 farm bill eliminates the exception and
creates two new measures of AGI: adjusted gross nonfarm income, and adjusted
gross farm income.
First, if a three-year average of nonfarm AGI exceeds $500,000, then no
program benefits are allowed (direct, counter-cyclical and marketing loan). Second,
if a three-year average of farm AGI exceeds $750,000, then no direct payments are
allowed (but counter-cyclical and marketing loan benefits are allowed for these
higher-income farmers). Program participants can have income from both sources,
but the caps for each type are “hard” caps (that is, there are no exceptions to the cap
as with “soft” caps, except that the cap on farm AGI applies only to direct payments).
For example, if a full-time farmer has nonfarm AGI over $500,000, their program
payments are eliminated regardless of their farm income. A taxpayer’s AGI may also
be between $750,000 and $1.25 million and still receive program benefits if the
income is split in such a way to remain below the caps on farm and nonfarm income.
Moreover, the 2008 farm bill adopts a Senate provision that allows AGI of a married
couple to be divided as if separate tax returns were filed. While in principle this
provision could allow doubling of the AGI limits, the income needs to be legitimately
allocated between the spouses, likely by Social Security numbers or equivalent
identifiers.
For more information on the commodity programs above and payment limits,
see CRS Report RL34594, Farm Commodity Programs in the 2008 Farm Bill.
Dairy. Two federal programs that support milk prices and dairy farm income
were among the farm bill programs set to expire in 2007 — the dairy price support
program (DPSP) and the Milk Income Loss Contract (MILC) program. In the past
under the DPSP, USDA had been required to indirectly support the farm price of
milk, most recently at $9.90 per cwt. (100 pounds), which it has done by purchasing
surplus butter, nonfat dry milk, and cheese at specified minimum prices. The 2008
farm bill continues the DPSP through December 2012, but modifies the program by
specifying, in the law itself, the minimum purchase prices for these manufactured
dairy products. If net removals (essentially, USDA’s surplus purchases) for 12
consecutive months exceed statutory limits, USDA may reduce product purchase
prices, under the final law.
Under expiring law, the MILC program had paid participating farmers 34% of
the difference between a target price of $16.94 per cwt. and the monthly market price
for farm fluid milk in New England, when the market price is below the target. Per
farm payments had been limited to the first 2.4 million lbs. of annual milk
production. The enacted 2008 farm bill extends the program, but generally increases
the payment factor to 45% of the price differential for the period from October 1,
2008, through August 31, 2012, as proposed by the Senate. Conferees also increased
the production limit for payments to 2.985 million pounds, compared with a Senate
proposal that would have raised the limit to 4.15 million pounds. Furthermore, the
$16.94 per cwt. payment rate must be adjusted to reflect feed cost increases above



trigger levels specified in the enacted farm bill. CBO has estimated the total net
five-year increase in outlays for the bill’s key dairy provisions at $386 million.
A third ongoing federal dairy policy tool, federal milk marketing orders, require
dairy processors to pay a minimum price for farm milk depending on its end use (i.e.,
the type of product produced). Federal orders are permanently authorized, but a
number of issues were brought to the attention of Congress for the farm bill debate.
Dairy processors had been seeking a change in statute to exempt them from paying
the federal milk marketing order minimum price whenever they forward contract
prices with dairy farmers. The 2008 farm bill authorizes farmers to voluntarily enter
into forward price contracts until September 30, 2012, with none to extend beyond
September 30, 2015. The legislation contains safeguards designed to ensure that
dairy farmers are not compelled by processors to participate in the program. The
final bill also establishes, subject to the availability of appropriations, a commission
to review and evaluate federal milk marketing order policies and procedures, and in
the meantime revises the formal hearing procedures used to consider amendments to
the orders.
Other dairy-related provisions in the enacted bill bring Alaska, Hawaii, the
District of Columbia, and Puerto Rico into the dairy research and promotion (check-
off) program; lower the promotion program’s assessment rate for imported products
to 7.5 cents per cwt.; extend the dairy indemnity program; and provide for new
USDA directives related to dairy product price reporting. For more information, see
CRS Report RL34036, Dairy Policy and the 2008 Farm Bill.
Sugar. The sugar program is designed to guarantee the price received by
growers and processors of sugar beets and sugarcane, but at no cost to the U.S.
Treasury. To accomplish this, USDA limits the amount of sugar that processors can
sell domestically under “marketing allotments” and restricts imports, in order to keep
market prices above support levels. This way, the incentive exists for sugar cane18
processors and beet refiners to repay nonrecourse price support loans extended by
USDA rather than hand over processed sugar as payment (commonly referred to as
loan forfeitures).
To address the potential for a U.S. sugar surplus caused by unrestricted imports
from Mexico under the North American Free Trade Agreement (NAFTA) and from
other countries under other free trade agreements, and the resulting loan forfeitures,
the 2008 farm bill mandates a sugar-for-ethanol program. USDA is now required to
purchase U.S.-produced sugar roughly equal to excess imports, if necessary to
maintain market prices above support levels. The sugar purchased must then be sold
to bioenergy producers for processing into ethanol. USDA’s Commodity Credit
Corporation will provide open-ended funding for this program. Other provisions


18 A type of loan where farmers or processors pledge a commodity as collateral to obtain a
loan from the Commodity Credit Corporation (CCC) at a commodity-specific, per-unit loan
rate. The borrower may repay the loan, with interest, within a specified period and regain
control of the commodity. Alternatively, the commodity can be forfeited to the CCC with
no penalty if market prices fall below the loan rate at the end of the term. The government
takes no recourse beyond accepting the commodity as full settlement of the loan.

increase the raw sugar and refined beet loan rates by 4%-5% by FY2012, mandate an
85% domestic market share for the U.S. sugar producing sector, and remove some
of the discretionary authority that USDA exercises to administer import quotas.
Though CBO scored some savings for the ethanol program, it projects the sugar
program will cost about $650 million over five years. The Bush Administration
opposed the program, arguing that instead of reform, its provisions “actually increase
government intervention to drive up sugar prices.” It asserted that the sugar-for-
ethanol component will operate at a “huge loss” as excess sugar supply is auctioned
off to ethanol processors.19
For more background, see CRS Report RL34103, Sugar Policy and the 2008
Farm Bill.
Title II: Conservation
The 2008 farm bill reauthorizes almost all 2002 farm bill conservation
programs, modifies several programs, and creates several new conservation
programs. CBO-estimated new spending on the conservation title — not including
estimated conservation-related revenue and cost-offset provisions in the bill — is
projected to increase by $2.7 billion over 5 years and $4.0 billion over 10 years.
Total mandatory spending (new spending plus baseline) for the conservation title is
projected at $24.3 billion over 5 years (FY2008-FY2012) and $55.2 billion over 10
years (FY2008-FY2017).
Conservation programs administered by USDA can be broadly grouped into
land retirement programs and so-called “working lands” programs. In general, land
retirement and easement programs take land out of crop production and provide for
program rental payments and cost-sharing to establish longer term conservation
coverage, in order to convert the land back into forests, grasslands, or wetlands.
Working lands programs provide technical and financial assistance to assist farmers
to improve land management practices. Major land retirement and easement
programs include the Conservation Reserve Program (CRP) and the Conservation
Reserve Enhancement Program (CREP), the Wetlands Reserve Program (WRP), the
Grasslands Reserve Program (GRP), and the Farmland Protection Program (FPP),
among other programs. Major working lands programs include the Environmental
Quality Incentives Program (EQIP), the (renamed) Conservation Stewardship
Program (CSP), the Agricultural Management Assistance (AMA) program, and the
Wildlife Habitat Incentives Program (WHIP), among others.
Changes to existing programs address eligibility requirements, program
definitions, enrollment and payment limits, contract terms, evaluation and ranking
criteria, and other administrative issues. In general, the conservation title includes
certain changes that expand eligibility and the delivery of technical assistance under
most programs to cover more broadly, for example, forested and managed lands,
pollinator habitat and protection, and identified natural resource areas, among other


19 White House, Office of the Press Secretary, “Fact Sheet: Congress’ Farm Bill Is Bad for
American Taxpayers,” May 9, 2008, available at [http://www.whitehouse.gov/news/releases/

2008/05/print/20080509.html ].



expansions. Producer coverage across most programs is also expanded to include
beginning, limited resource, and socially disadvantaged producers; speciality crop
producers; and producers transitioning to organic production. The enacted bill also
creates new conservation programs to address emerging issues and priority resource
areas, and also new subprograms under existing programs.
The majority of the agriculture and farmland conservation groups have
responded favorably to the expanded provisions and increased funding for programs
in the conservation title of the 2008 farm bill. However, a few wildlife groups have
expressed concern about changes that were made to some provisions during the
conference negotiations, which they perceive as providing fewer benefits for the
protection of wildlife and wildlife habitat. Among the concerns expressed by these
groups are the reduction in the CRP acreage enrollment cap, easing of the
requirements under the so-called sodsaver provision, limitations on the types of lands
eligible under WHIP, and the new permanent disaster fund, which could encourage
marginal land plantings, among other concerns.
Land Retirement/Easement Programs. The largest conservation program
in terms of total annual funding is the CRP. The enacted bill caps CRP enrollment
at 32 million acres, down from its previous cap of 39.2 million acres. The managers
report on the conference agreement states this reduction is “not ... an indicator of
declining or reduced support for CRP;” however, in other sections of the report
USDA is encouraged to assist producers who are transitioning from land retirement
to working lands conservation. The bill makes certain program changes, including
allowing for USDA to address state, regional, and national conservation initiatives;
expanding the program to cover beginning and socially disadvantaged farmers/
ranchers; allowing for certain types of managed grazing and installation of wind
turbines on enrolled lands (but at reduced rates); requiring that program participants
manage lands according to a conservation plan; requiring USDA to survey annually
the per-acre estimates of county cash rents paid to CRP contract holders; clarifying
the status of alfalfa grown as part of a rotation practice; and establishing cost-sharing
rates for certain types of conservation structures. The bill also modifies the pilot
program that allows for wetland and buffer acreage to enroll in CRP, subject to state
acreage and maximum size limitations.20
The bill increases the WRP maximum enrollment cap to over 3.014 million
acres (up from a previous cap of 2.275 million acres), and expands eligible lands to
include certain types of private and tribal wetlands, croplands, and grasslands, as well
as lands that meet the habitat needs of specific wildlife species. The 2008 farm bill
authorizes a new Wetlands Reserve Enhancement Program, to establish agreements
with states similar to that for CREP, which includes a Reserved Rights Pilot program
to explore whether reserving grazing rights is compatible with WRP. The bill makes
certain program changes, including changing the payment schedule for easements;
specifying criteria for ranking program applications; requiring that USDA conduct
an annual survey starting with FY2008 of the Prairie Pothole Region in the northern


20 Acreage in CREP — a subprogram within CRP — would be excluded from the CRP
county acreage cap in order to encourage greater program participation.

Great Plains area; and requiring USDA to submit a report to Congress on long-term
conservation easements under the program.
For GRP, the enacted bill adopts a new acreage enrollment goal of an additional

1.2 million acres by 2012, with 40% of funds for rental contracts (10-, 15-, and 20-


year duration) and 60% for permanent easements. The bill modifies terms and
conditions of GRP contracts and easements to permit fire presuppression and
addition of grazing-related activities, such as fencing and livestock watering. It does
not include a Grassland Reserve Enhancement provision, as proposed in the House.
For FPP, the bill makes several technical changes to the program, covering the
program’s administrative requirements, appraisal methodology, and terms and
conditions, among other issues. The farm bill conferees did not to rename FPP as the
“Farm and Ranchland Protection Program,” as the program is often referred to by
USDA. The bill provides additional budget authority for FPP of $773 million
(FY2008-2012).
Working Lands Programs. EQIP and CSP are the two largest USDA
working lands programs, and received additional budget authority under the 2008
farm bill. The enacted bill did not adopt a Senate proposal that would have closely
coordinated CSP and EQIP under the so-called Comprehensive Stewardship
Incentives Program.
For EQIP, the enacted bill expands the program to cover practices that enhance
soil, surface and ground water, and air quality, and conserve energy; it also covers
grazing land, forestland, wetland, and other types of land and natural resources that
support wildlife. The bill sets aside 5% of EQIP spending for beginning farmers and
ranchers and 5% for socially disadvantaged farmers and ranchers, providing up to
90% of the costs of implementing an EQIP plan for these farmers. It also provides
payments to assist tribal or native corporation members, and producers transitioning
to organic production. The bill lowers the EQIP payment limit to $300,000 (down
from $450,000) in any six-year period per entity, except in cases of special
environmental significance, including projects involving methane digesters, as
determined by USDA. Projects with organic production benefits are capped at
$20,000 annually or $80,000 in any six-year period. The enacted bill retains the
requirement that 60% of funds be made available for cost-sharing to livestock
producers, including incentive payments for producers who develop a comprehensive
nutrient management plan.
The bill modifies EQIP’s Conservation Innovation Grants program to cover air
quality concerns associated with agriculture (including greenhouse gas emissions).
It also replaces the Ground and Surface Water Conservation Program within EQIP
with a new Agricultural Water Enhancement Program (AWEP) to address water
quality and quantity concerns on agricultural land, highlighting certain priority areas
and providing additional mandatory funds for the program. The bill provides
additional budget authority for EQIP of $3.4 billion (FY2008-2012).



For CSP, the enacted bill replaces the Conservation Security Program with a
new and renamed Conservation Stewardship Program (CSP).21 The new CSP,
beginning in 2009, will continue to encourage conservation practices on working
lands, but will be different than the former program in that it eliminates the three-tier
approach, removes 10-year contracts, and requires direct attribution of payments,
among other changes, thus requiring that USDA promulgate new rules for the
program. The bill sets a target of enrolling more than 13 million acres annually in
the new program, with individual producer payments limited to $200,000 per entity
in any five-year period. The types of eligible lands are expanded to include priority
resource concerns, as identified by states; certain private agricultural and forested
lands; and also some nonindustrial private forest lands (limited to not more than 10%
of total annual acres under the program). Technical assistance will also be provided
to specialty crop and organic producers, along with pilot testing of producers who
engage in innovative new technologies. Supplemental payments may be available
to producers who engage in certain types of crop rotations. Program payments may
not be used for the design, construction, or maintenance of animal waste storage or
treatment facilities or associated waste transport or transfer devices.
Among other programs, the 2008 farm bill reauthorizes WHIP at current
funding levels, but limits program eligibility to focus on lands “for the development
of wildlife habitat on private agricultural land, nonindustrial private forest land, and
tribal lands,” thus potentially excluding some previously covered areas. It also
allows USDA to provide priority to projects that address issues raised by state,
regional, and national conservation initiatives. The bill raises the limit on cost-share
payments to 25% for long-term projects under WHIP and limits total payments to
$50,000 per year. The bill also authorizes increased funding for several programs,
including the Grassroots Source Water Protection Program and the Small Watershed
Rehabilitation Program; it also provides additional mandatory funding for AMA and
includes Hawaii as an eligible state under that program.
New Conservation Programs. The 2008 farm bill expands the range of
USDA conservation activities and creates several new programs, including a program
expanding conservation activities in the Chesapeake Bay region, a new state grants
program, a provision to limit production on native sod, and provisions promoting
market-based approaches to conservation.
The new Chesapeake Bay Watershed Program applies to all tributaries,
backwaters, and side channels, including watersheds, draining into the Chesapeake
Bay, but gives priority to the Susquehanna, Shenandoah, Potomac, and Patuxent
Rivers. The bill authorizes $438 million in total mandatory funding for FY2009-
FY2012. The Voluntary Public Access and Habitat Incentives Program (also referred
to as the “Open Fields” program) authorizes state grants to encourage landowners to
provide public access for wildlife-dependent recreation, subject to a 25% reduction
for the total grant amount if the opening dates for migratory bird hunting in the state
are not consistent for residents and non-residents. The bill provides $50 million in
mandatory funds for FY2009-FY2012 for the program. The so-called sodsaver
provision makes producers that plant an insurable crop (over 5 acres) on native sod


21 Funding is made available for contract under the former CSP program.

ineligible for crop insurance and the noninsured crop disaster assistance program for
the first five years of planting. The enacted 2008 farm bill states that this provision
may apply to virgin prairie converted to cropland in the Prairie Pothole National
Priority Area, if elected by the state. Finally, the bill includes a provision intended
to facilitate the participation of farmers and landowners in emerging environmental
services markets, such as water and air quality, habitat protection, and carbon storage.
The farm bill directs USDA to establish a framework for developing consistent
standards and processes for quantifying environmental services from the agriculture
and forestry sectors, but does not authorize funding for this effort.
For more detailed information, see CRS Report RL34557, Conservation
Provisions of the 2008 Farm Bill. For more information on individual conservation
programs and past conservation funding, see CRS Report RL33556, Soil and Water
Conservation: An Overview. For more information on conservation programs and
funding, see CRS Report RL32940, Agricultural Conservation Programs: A
Scorecard.
Title III: Trade
The 2008 farm bill reauthorizes, in Title III of the farm bill, programs that
provide international food aid and that promote U.S. commercial agricultural exports.
A relatively few export programs are terminated, while selected others receive
increased funding.
Food Aid. The United States is the world’s largest provider of food aid,
accounting for about 60% of total global food aid over the last decade. The bill
extends P.L. 480 food aid programs through 2012 and changes the title of the
underlying act from Agricultural Trade Development and Assistance Act to Food for
Peace Act. The bill also removes export market development as an objective of the
programs under the statute. P.L. 480 Title II is the largest U.S. food aid program.
The bill authorizes $2.5 billion to be appropriated annually for P.L. 480 Title II,
which provides U.S. commodities for emergency relief and non-emergency
(development) projects overseas. Were Congress to make the full appropriation, that
amount would represent a substantial increase over the average annual appropriation
of $1.2 billion in recent years. Although authorized in the farm bill, P.L. 480 Title
II is administered by the U.S. Agency for International Development (USAID).
The 2008 farm bill increases the amounts of P.L. 480 funds that can be allocated
to various food aid program activities. It increases the amount available for
administrative and distribution expenses of food aid project implementing
organizations from between 5% to 10% to between 7.5% and 13% of the funds
available for Title III. The bill also provides $4.5 million for FY2009-2001 to study
and improve food aid quality issues. The limit on funding available for pre-
positioning of commodities overseas to help expedite delivery is increased from its
2002 farm bill level of $2 million to $10 million each fiscal year. The bill also
reauthorizes a program of assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable, prepackaged foods and increases the
program’s funding from $3 million to $8 million each fiscal year. For monitoring
and evaluation of Title II non-emergency programs, the bill provides up to $22



million annually, not more than $8 million of which could be used for USAID’s
Famine Early Warning System (FEWS).
Both the House- and Senate-passed versions of the farm bill had contained hard
earmarks for non-emergency or development food aid. The farm bill retains an
earmark for development food aid (termed a “safe box”) beginning at $375 million
in FY2009 and ending at $450 million in FY2012. The safe box designation can only
be waived if the President determines that an extraordinary food emergency exists
and that resources available from the Bill Emerson Humanitarian Trust (see below)
have been exhausted, and if the President has submitted a request to Congress for
additional appropriations equal to the reduction in safe box and Emerson Trust levels.
Private voluntary organizations (PVOs) argued for the safe box, maintaining that it
would give them assurances of supply of the commodities they rely on to carry out
development projects. The Administration opposed the safe box concept, saying that
it would deprive it of the flexibility needed to respond to emergency food aid needs.
The 2008 farm bill reauthorizes other smaller programs that provide food aid
to countries promoting the development of market-oriented agricultural sectors (Food
for Progress, FFP) or for school feeding and nutrition programs (the McGovern-Dole
International School Feeding and Child Nutrition Program). USDA administers
these smaller food aid programs. The bill reauthorizes FFP without lifting the cap
on CCC-funded transportation of commodities (an action that the Senate farm bill
had recommended), which effectively determines the volume of commodities that
can be provided. For the McGovern-Dole program, the bill provides an additional
$84 million of CCC funds to remain available until expended. The House-passed
bill, however, had proposed changing the funding basis of McGovern-Dole from
discretionary to mandatory and increasing spending from $140 million in FY2009 to
$300 million in FY2012. The final enacted bill also reauthorizes the Bill Emerson
Humanitarian Trust, providing a reserve of commodities and cash that can be used
to provide food aid in the event of unanticipated emergency food needs.
The final bill authorizes $60 million of CCC funds to carry out a pilot program
for local or regional purchase of agricultural commodities for food aid programs for
FY2009-2012. Under current law, the United States can use P.L. 480 funds only to
purchase U.S. commodities. The Administration’s proposal for local/regional
purchase, its only farm bill food aid proposal, would have provided for up to 25% of
the funds available for P.L. 480 Title II to be allocated to this purpose. In FY2007,
that would have amounted to up to $447 million. Local or regional purchases, the
Administration argued, would make the U.S. response to emergencies more timely
and cost-effective. Opponents of the proposal, however, maintained that it would
undermine the coalition of producers, shippers, and charitable organizations that
support U.S. food aid and would result in less U.S. food aid being provided.
Congress’s rejection of the local/regional purchase proposal is one of the reasons
listed by the Administration for its veto of the farm bill.
Trade. The 2008 farm bill extends USDA’s export market development
programs through FY2012. Although both the House- and Senate-passed farm bills
had proposed increased funding for the Market Access Program (MAP), the bill
maintains funding at the FY2007 level — $200 million annually. Similarly, the bill
maintains funding for the Foreign Market Development Program (FMDP) — $34.5



million annually — over the life of the bill. MAP promotes mainly high value farm
exports, while FMDP promotes mainly bulk or generic commodity exports. The bill
revises the export credit guarantee programs to bring them into compliance with a
WTO dispute settlement decision in the U.S.-Brazil cotton case that the United States
lost. Changes include elimination of the 1% cap on origination fees for export credit
guarantees and repeal of legislative authority for the supplier credit program (a short-
term credit guarantee) and the intermediate export credit guarantee program (3-10
years). The 2008 farm bill repeals authority for the Export Enhancement Program
(EEP), a direct export subsidy. The Administration requested repeal of EEP because,
it argued, the program had been inactive since 1995 and repealing it would be in line
with the U.S. effort to eliminate all export subsidies in ongoing multilateral trade
negotiations. Additional funding is provided for the Technical Assistance for
Specialty Crops (TASC) program, which focuses on eliminating sanitary and
phytosanitary (food safety) barriers to U.S. agricultural exports.
Finally, the 2008 farm bill includes a provision requiring USDA to establish a
softwood lumber importer declaration program. Importers will report their lumber
imports, allowing data to be collected, verified, and reconciled, to assure
implementation of the U.S.-Canada Softwood Lumber Agreement. The Senate had
included a sense-of-the-Senate resolution encouraging the President to ensure lumber
imports consistent with that bilateral agreement.
For background information on farm bill trade and food aid programs, see CRS
Report RL33553, Agricultural Export and Food Aid Programs; for a discussion of
food aid and the farm bill, see CRS Report RL34145, International Food Aid and the
2008 Farm Bill; for a discussion of export programs and the farm bill, see CRS
Report RL34227, Agricultural Exports and the 2008 Farm Bill.
Title IV: Nutrition
The farm bill’s nutrition title accounts for well over half of all spending on
programs and activities covered by the bill, with the overwhelming majority
financing the Food Stamp program. The most significant issues in (and provisions
of) this title address the administration of, eligibility for, and benefits under the Food
Stamp program, funding for The Emergency Food Assistance Program (TEFAP), and
support for a program of making free fresh fruits and vegetables available in schools.
The enacted 2008 farm bill includes provisions that extend expiring authorities
in covered programs (generally, through FY2012) and increase spending for most
programs above what would be expected under prior law (above the “baseline”). The
nutrition title covers the Food Stamp program, TEFAP, the fresh fruit and vegetable
program in schools, the Senior Farmers’ Market Nutrition program, programs in lieu
of food stamps in Puerto Rico and American Samoa and on Indian reservations, rules
governing procurement of food for school meal programs, and various special
nutrition projects. Under previous law, these programs would cost nearly $40 billion
a year and be expected to grow to almost $50 billion in FY2017.
Total spending on these and other nutrition programs (including amounts offset
by other savings) is boosted by an estimated $3.2 billion (outlays) over 5 years
(FY2008-FY2012) and $10.2 billion over 10 years (FY2008-FY2017).




Supplemental Nutrition Assistance Program. The largest share of the
new spending mandated by the nutrition title results from changes that increase food
stamp benefits and establish new standards to make more households eligible under
the Food Stamp program. The farm bill also renames the existing program as the
Supplemental Nutrition Assistance Program (SNAP). Added food stamp spending
is estimated to total $2.3 billion over 5 years and $7.82 billion over 10 years — 73%
and 77%, respectively — of the title’s total new spending. The major food stamp
revisions:
!boost the minimum amount of income that is disregarded when
benefits are calculated by increasing and then indexing the “standard
deduction,”resulting in a small, but growing, general benefit increase
in addition to regular increases for food-price inflation (around $4
a month in FY2009);
!increase and then index the minimum monthly benefit guarantee,
setting at it at 8% of the indexed maximum benefit for one person
(raising it from the current $10 to at least $14 in FY2009);
!disregard all income spent on dependent care when calculating
benefits (removing existing caps on this disregard); and
!substantially loosen eligibility rules relating to assets by indexing the
dollar limits on allowable liquid assets and disregarding all
retirement savings/plans and education savings.
Other provisions (1) continue inflation-indexed funding for nutrition assistance
grants (in lieu of food stamps) to Puerto Rico and American Samoa, (2) extend the
authority to operate a Food Distribution Program on Indian reservations, (3) simplify
some administrative processes (like reporting requirements), (4) expand the
availability of “transitional” benefits for those leaving public assistance programs,
(5) give the federal government a great deal more flexibility in imposing penalties on
retail food stores that violate food stamp rules, (6) add disqualification penalties for
those selling food bought with food stamp benefits and those using benefits to obtain
cash for container deposits, and (7) require greater federal scrutiny and oversight of
state efforts to “privatize” and expand the use of computers in their administration
of food stamps. The overwhelming majority of food stamp provisions represent
policy changes that were included in both the House and Senate bills (although
budget limits forced changes), or that were non-controversial. However, a number
of significant initiatives were not adopted, generally for policy rather than cost
reasons. These notably included a House proposal to place major limits on state
privatization of food stamp administration, and the Senate’s provisions loosening
eligibility rules for able-bodied adults without dependents and eventually permitting
the use of food stamp benefits to buy dietary supplements.
The Emergency Food Assistance Program. The nutrition title’s second-
largest share of new spending is for TEFAP, with estimated additional outlays of
$526 million over FY2008-FY2012 and $1.26 billion over FY2008-FY2017 (17%
and 12%, respectively, of the title’s total estimated cost). Closely following the
provisions of both the House and Senate bills, this provision in the final law greatly
increases mandatory funding of food purchases for the program to levels well above
the current requirement to acquire $140 million a year. Required commodity buys
are expanded by (1) an immediate infusion of $50 million in FY2008 and (2) raising



annual mandatory purchases to $250 million in FY2009 (indexed annually for food-
price inflation in later years).
Other Programs. Another major initiative in the nutrition title is a dramatic
increase in funding for the fresh fruit and vegetable program in schools. In FY2008,
approximately $20 million is available for this effort. The bill boosts mandatory
outlays by $274 million (FY2008-FY2012) and $1 billion (FY2008-FY2017),
representing some 10% of total new spending.
In addition to the changes in major programs noted above, the 2008 farm bill (1)
includes limited authority for schools in school meal programs to use geographic
preference for locally grown and raised agricultural products when procuring food,
(2) increases mandatory funding for the Senior Farmers’ Market Nutrition program
(from $15 million a year to $20.6 million a year), (3) continues and expands support
for community food projects, (4) provides money for an initiative to use the
(renamed) Food Stamp program to promote health and nutrition, and (5) authorizes
(and, in some cases, funds) several projects related to food distribution efforts, school
gardens, “hunger-free community” initiatives, provision of whole grain products to
schools, and an urban food enterprise center.
In all but a very few cases (e.g., privatization and dietary supplement
provisions), there were no important policy differences between the House- and
Senate-passed versions of the farm bill. However, the bills diverged greatly in the
amount of new spending they proposed. For example, the FY2008-FY2012
estimated cost (outlays) of the House bill’s nutrition title was $4.2 billion versus the
Senate’s $5.3 billion. The bills also differed in funding priorities. The House
devoted 78% of new funding to new food stamp spending, 14% to extra funding for
TEFAP, and 7% to expanding the fresh fruit and vegetable program. In contrast, the
Senate bill provided 66% of its projected funding to new food stamp spending, along
with 10% for TEFAP and 21% for the fruit and vegetable initiative. The House and
Senate measures further differed in another matter. The House would have made its
policy amendments part of permanent law, producing a 10-year (through FY2017)
cost estimate of $11.5 billion. On the other hand, most of the Senate’s significant
revisions (e.g., increased food stamp benefits) were scheduled to terminate after
FY2012, resulting in a much lower 10-year cost estimate than the House or than
would have been the case with permanent changes (outlays totaling $6.7 billion).
Finally, the House and Senate bills provided for different extensions of expiring
authorities (like the authorization of appropriations for food stamps). The House
extended these authorities through FY2012, while the Senate opted for indefinite
extension in most cases. The final 2008 farm bill deals with funding level issues and
issues of allocation among programs as discussed earlier in this section, makes all
policy changes permanent law (as in the House version), and generally extends
expiring authorities through FY2012 (as in the House version).
For more information, see CRS Report RL33829, Domestic Food Assistance:
The Farm Bill and Other Legislation in the 110th Congress.



Title V: Credit
Farm bills usually contain provisions that modify the permanent statutes for two
government-related farm lenders. First, the USDA Farm Service Agency (FSA) is
a federal government lender of last resort that makes direct loans or guarantees loans
made by commercial lenders to farmers who cannot qualify for commercial loans.
Second, the Farm Credit System (FCS) is a private lender with a statutory
requirement, and limitation, to lend to farmers and certain farm-related businesses.
For more information, see CRS Report RS21977, Agricultural Credit: Institutions
and Issues.
Farm Service Agency. The 2008 farm bill (1) further prioritizes and
subsidizes Farm Service Agency lending for beginning and socially disadvantaged
farmers, (2) increases lending limits per individual to $300,000 (up from $200,000)
for each of the direct farm ownership and direct operating loan programs, and (3)
extends and expands the guarantee program for seller-financed land loans. It creates
a conservation loan guarantee program for conservation projects. Regarding “term
limits” on guaranteed operating loans, which require farmers to graduate from FSA
credit to commercial lenders, the enacted 2008 farm bill extends the suspension of
the enforcement of “term limits” until December 31, 2010. It also creates a pilot
program of “individual development accounts” for beginning farmers and ranchers.
The Pigford Decision. The 2008 farm bill adopts a Senate provision that
would permit any claimant in the Pigford decision (a 1999 suit based on past
discrimination against minority farmers applying for USDA loans) who has not
received compensation to petition in civil court to obtain such compensation. The
total amount of payment and debt relief would be limited to $100 million. USDA
would be restricted from beginning a foreclosure if the borrower can show
foreclosure is related to a Pigford claim. A similar provision is also included in the
House-passed bill. See CRS Report RS20430, The Pigford Case: USDA Settlement
of a Discrimination Suit by Black Farmers.
Farm Credit System. In recent years, FCS has sought to expand its lending
authority beyond traditional farm loans and into more rural housing and non-farm
businesses. Commercial banks oppose expanding FCS lending authority, saying that
the availability of commercial credit in rural areas is not constrained, and that FCS’s
government-sponsored enterprise (GSE) status provides an unfair competitive
advantage. The enacted bill, like the House and Senate bills, does not allow any
expansion of Farm Credit System lending authority. It does address technical
changes in the payment of insurance premiums by FCS banks to the FCS Insurance
Corporation, and expands the list of borrowers eligible to own Bank for Cooperatives
voting stock. For more information, see CRS Report RS21977, Agricultural Credit:
Institutions and Issues.



Title VI: Rural Development
More than 88 programs administered by 16 different federal agencies target rural
economic development. The Rural Development Policy Act of 1980 (P.L. 96-355)
named USDA the lead federal agency for rural development. USDA administers
most of the existing rural development programs and has the highest average of
program funds going directly to rural counties (approximately 50%). Three mission
agencies, Rural Housing Service, Rural Business-Cooperative Service, and Rural
Utilities Service, administer the various loan and grant programs. More information
on these programs is in CRS Report RL31837, An Overview of USDA Rural
Development Programs.
The enacted 2008 farm bill reauthorizes and/or amends rural development loan
and grant programs and authorizes several new provisions. The bill adopts the
Senate measure to redefine “rural” with certain modifications, most notably, striking
the housing density criterion; however, it also directs USDA to conduct rulemaking
to develop restrictions on areas where housing density is greater than 200 units per
square mile. The bill does not change current law with respect to rural eligibility for
water and waste water disposal loans and grants and the community facility program.
The bill requires USDA to prepare a report assessing the various definitions of
“rural” and the effect these various definitions have on programs administered by
USDA Rural Development.
Although both the House and Senate farm bills included mandatory funding for
several programs, the enacted 2008 farm bill reduced that spending, while in some
cases adding discretionary authorization. The enacted bill provides $194 million
(FY2008-FY2012) in mandatory spending for rural development programs. This is
a reduction from up to $550 million proposed in the House- and Senate-passed bills.
The bill provides mandatory spending for a one-time funding of backlogged water
and wastewater applications ($120 million); a Rural Microentrepreneur Assistance
program ($13 million in mandatory and $40 million annually in discretionary
spending); and Value-Added Product Grants ($15 million in mandatory spending).
The bill provides no mandatory funding for rural health care facilities or the
construction of child care facilities, although such funds were proposed by the
Senate.
Other provisions authorized in the enacted bill include support for locally
produced agricultural food products22 and grants for assisting employment
opportunities for disabled individuals in rural areas. The enacted bill also establishes
a new Rural Collaborative Investment Program and provides support for several
water and wastewater programs, and adopts the Senate proposed measure to
authorize a new interest rate structure for water and wastewater projects based on an
index of outstanding municipal obligations. The bill also adopts other Senate
provisions that authorize assistance to the Housing Assistance Council and
reauthorize the Rural Business Investment Program, as well as the appropriate
technology transfer to rural areas program (ATTRA). The bill deletes the House


22 A provision in the Senate bill to authorize artisanal cheese centers was deleted in
conference.

measure reauthorizing the Rural Strategic Investment Program, and deletes both
House and Senate proposals providing guaranteed loans and grants to improve rural
health care facilities.
The enacted bill adopted several House and Senate provisions to assist rural
broadband development. The bill reauthorizes the Access to Broadband
Telecommunications Services in Rural Areas and grants to broadcasting systems;
directs the Secretary to develop a comprehensive national broadband strategy for
rural areas; and authorizes a new National Center for Telecommunications
Assessment. The bill also reauthorizes the Distance Learning and Telemedicine
program and includes a provision to make library connectivity a feature of the
program. However, the farm bill deleted various House- and Senate-passed
proposals and grant programs targeting broadband service.
The 2008 farm bill reauthorizes several rural development and grant programs,
including the Rural Economic Area Partnership; the National Rural Development
Partnership; SEARCH grants; and Rural Business Opportunity Grants. The bill also
reauthorizes the Delta Regional Authority and the Northern Great Plains Regional
Authority. In addition to these two reauthorized commissions, the bill creates three
new regional development authorities: the Southeast Crescent Regional Commission,
the Southwest Border Regional Commission, and the Northern Borders Economic
Development Commission (included under the Title XIV, Miscellaneous). The bill
also includes a provision directing USDA to conduct studies on rural transportation
issues and on rural electric power generation.
For more information, see CRS Report RL34126, Rural Development and
Provisions of the 2008 Farm Bill.
Title VII: Agricultural Research
Under the mission area called Research, Extension, and Economics (REE), the
USDA is responsible for conducting agricultural research at the federal level, and for
providing partial support for cooperative research, extension, and post-secondary
agricultural education programs in the states. The USDA’s intramural activities are
carried out by the Agricultural Research Service (ARS), Economic Research Service
(ERS), National Agricultural Statistics Service (NASS), and National Agriculture
Library (NAL). The federally funded extramural activities are managed by the
Cooperative State Research, Education, and Extension Service (CSREES). For more
information on these agencies’ activities, see CRS Report RL33327, Agricultural
Research, Education, and Extension: Issues and Background.
The issues confronting Congress concerning federal agricultural research can
be generally categorized under two topics: the structure of the management
organization and the level of research funding, both of which are long-standing
issues. Congress addressed the management issue in the 2002 farm bill by directing
USDA to examine and report on the structure of Agricultural Research Service
(ARS) management and the merits of establishing a National Institute of Food and
Agriculture (possibly modeled after the National Institutes of Health). With respect
to funding, there has long been a struggle under persistent budget constraints to
obtain increased appropriations even sufficient to keep up with inflation. With farm



commodity support as a model, the research community has attempted to obtain a
portion of its money in mandatory funds, with less reliance on discretionary
appropriations.
The USDA task force report, National Institute for Food and Agriculture: A
Proposal, was issued July 2004.23 The proposal was presented to Congress in
USDA’s 2007 Farm Bill Proposals.24 While the USDA task force was conducting
its review, the National Association of State Universities and Land-Grant Colleges
(NASULGC) developed a proposal called Create Research, Extension, and Teaching
Excellence for the 21st Century (CREATE-21).25 CREATE-21 was presented to
Congress as H.R. 2398 and S. 1094.
The research provisions in the individual House and Senate farm bills drew
heavily on the recommendations of the USDA and NASULGC.26
Research Management. The enacted 2008 farm bill represents an amalgam
of the research reorganization provisions in the House and Senate bills. The bill
creates an umbrella coordinating entity known as the Research, Extension, and
Education Office (REEO) in Office of the Under Secretary for Research, Education,
and Economics, and designates the Under Secretary as the Chief Scientist of USDA.
The new REEO will contain six divisions, each with its own director, representing
the broad range of subject areas addressed by agricultural research, extension, and
education programs.
The division directors are expected to work with the National Agricultural
Research, Extension, Education, and Economics Advisory Board to coordinate all of
the mission area’s activities across the Department, including intramural research
(ARS, ERS, NASS) and extramural research. CSREES, which currently is
responsible for managing extramural research, will be eliminated as an agency and
will become the National Institute of Food and Agriculture (NIFA). The conferees
intend NIFA to be an independent, scientific, policy-setting agency for the food and
agricultural sciences whose primary role is to administer competitive grants.
The enacted bill ends the National Research Initiative (NRI) and the Initiative
for Future Agriculture and Food Systems (IFAFS) as distinct competitive grant
programs, and establishes within NIFA an Agriculture and Food Research Initiative
(AFRI) to award competitive grants for fundamental and applied research, extension,
and education. The farm bill authorizes annual appropriations of $700 million for
AFRI, representing the combined level of authorized and mandatory funding that the


23 National Institute for Food and Agriculture: A Proposal, report of the Research,
Education, and Economics Task Force of USDA, July 2004. The report is available at
[ ht t p: / / www.ar s.usda.gov/ Resear c h/ Resear ch.ht m] .
24 A link to the USDA farm bill research proposal is at [http://www.usda.gov/wps/portal/
!ut/p/_s.7_0_A/7_0_1UH?contentidonly=true&contentid=2007_Farm_Bill_T itle7.xml].
25 Available at [http://www.create-21.org/].
26 A more complete examination of the issues and legislative proposal is in CRS Report
RS22693, Agricultural Research, Education, and Extension in the 2007 Farm Bill.

NRI and IFAFS were authorized to receive in previous years (appropriators have
prohibited the use of mandatory funds for IFAFS since 2002). The Under Secretary
(chief scientist) is required to submit a unified annual budget covering all activities
of the REEO and NIFA. The budget is to represent the balance of several factors,
including fundamental and applied research, funding for research capacity and
infrastructure, and increased support for Hispanic-serving agricultural colleges and
universities, for non-land grant colleges of agriculture, and for the University of the
District of Columbia.
Funding. Apart from mandatory funding of $230 million over five years for
a Specialty Crop Research Initiative, and $78 million in mandatory funding for the
Organic Research and Extension Initiative (included in the Horticulture and Organic
Agriculture title), the 2008 farm bill authorizes annual appropriation of such sums
as necessary for research, extension, and education programs, much the same as in
the previous farm bill. The House bill would have preserved mandatory funding of
$200 million for competitive grants under a merged NRI/IFAFS program for
FY2010-FY2012.
For more information, see CRS Report RL34352, Agricultural Research,
Extension, and Education: Farm Bill Issues.
Title VIII: Forestry
Farm bills typically deal with forestry both directly (usually in a forestry title)
and indirectly (for example, by including forests and forestry practices in more
general conservation programs). For a description of existing programs, see CRS
Report RL31065, Forestry Assistance Programs.
The enacted 2008 farm bill includes a forestry title (Title VIII) with several
sections addressing statewide forest resource planning. One section establishes
“national private forest conservation priorities” as (1) conserving and managing
working forest landscapes for multiple values and uses; (2) protecting forests from
threats and restoring appropriate forest types; and (3) enhancing public benefits from
private forests. Other sections require statewide assessments and strategies for forest
resources (with periodic revision). The bill creates a new Forest Resource
Coordinating Committee, requires the competitive allocation of a portion of state
assistance funding (based on how the statewide assessments and strategies fulfill the
national priorities), and allows up to 5% of state assistance funding for competitively
allocated innovative projects to address the national priorities. The bill also creates
a new community forest and open space conservation grant program for local entities
to protect forests threatened with conversion to non-forest uses, and creates an
Emergency Forest Restoration Program to provide assistance for restoration efforts
for forests damaged by natural disaster.
The 2008 farm bill extends, through 2012, the authorizations for the Office of
International Forestry, the Rural Revitalization Technologies Program, the
Renewable Resources Extension Act, and the Healthy Forest Reserves Program (with
minor changes) under the Healthy Forests Restoration Act of 2003 (P.L. 108-148, 16
U.S.C. Sec. 501, et seq.). The bill also amends existing law to restrict imports of
illegally logged wood. A separate subtitle — Cultural and Heritage Cooperation



Authority — provides for tribal-Forest Service cooperative relations and assistance.
The bill authorizes a competitive grant program to Hispanic-serving institutions to
increase diversity in forestry and related fields, and allows contract modification
options for certain Forest Service timber sales.
The enacted bill includes forestry-related provisions other than in the forestry
title. In Title II (Conservation), numerous programs were modified to include
forestry among approved conservation activities. In Title III (Trade), it requires
USDA to required to establish a softwood lumber importer declaration program, for
import data to be collected, verified, and reconciled to assure implementation of the
U.S.-Canada Softwood Lumber Agreement. In Title IX (Energy), two programs were
created to use woody biomass for energy production. In Title XV (Tax Provisions),
the agreement authorizes a new type of tax-exempt private bond whose proceeds are
used to finance forest conservation. It also modifies income tax deductions for
qualified timber gains, and includes several provisions to modernize and clarify the
tax treatment of timber real estate investment trusts (REITs).
See also CRS Report RL33917, Forestry in the 2008 Farm Bill.
Title IX: Energy
Interest in renewable energy has grown rapidly since late 2005 due, in large part,
to a strong rise in domestic and international fuel prices and a dramatic acceleration
in domestic biofuel production (mostly ethanol). Many policymakers view
agriculture-based biofuels as both a catalyst for rural economic development and a
response to growing energy import dependence. Renewable energy’s role in the 2002
farm bill was contained in the farm bill’s energy title (Title IX), which concentrated
on grants, loan, and loan guarantees to foster research on agriculture-based renewable
energy, to share development risk, and to promote the adoption of renewable energy
systems. USDA’s Bioenergy Program (Sec. 9006 of P.L. 107-171) — funding for
which expired in FY2006 — had been the primary exception in that it provided
incentives to expand actual production of bioenergy.
The enacted 2008 farm bill expands and extends the provisions in the energy
section of the 2002 farm bill, and provides additional funding. The bill makes
numerous changes to the programs in the energy title. For example, the bill
combines the so-called Section 9006 program with the Energy Audit and Renewable
Energy Development Program under the new Renewable Energy for America
Program. The bill also creates new programs, including a Biomass Crop Assistance
Program to provide financial assistance to producers for growing biomass crops and
developing conversion facilities, and the Agricultural Bioenergy Feedstock and
Energy Efficiency Research and Extension Initiative to provide for competitive
grants to fund projects with a focus on supporting on-farm biomass crop research and
extension. This latter initiative is under the bill’s research title (Title VII) and
includes other bioenergy research programs.
The enacted bill continues programs for federal purchase of biobased products
under the Biobased Markets Program. The bill includes a Senate-proposed provision,
Biorefinery Assistance, which provides grants and loan guarantees for construction
and retrofitting of biorefineries for the production of advanced biofuels. The bill also



provides for grants for constructing demonstration-scale biorefineries, and loan
guarantees for the development and construction of commercial-scale biorefineries
that use technologies that are either pre-commercial or commercially available. The
bill provides for the repowering of existing biorefineries. It incorporates the Biomass
Research and Development Act of 2000 as part of the bill’s energy title and will fund
projects that address the critical need for integrated research and technology
development in the area of biofuels. It continues the Biodiesel Fuel Education
Program with an expanded list of entities targeted. Also, among the miscellaneous
provisions (Title XV), the ethanol production tax credit is lowered from 51 to 46
cents per gallon beginning in the first year following that in which ethanol production
of 7.5 billion gallons is achieved. Finally, the 2008 farm bill establishes the
cellulosic biofuel producer credit of $1.01 per gallon with special provisions for
small cellulosic ethanol producers.
Mandatory spending for the enacted bill’s agriculture-based energy programs
are projected at about $600 million (FY2008-FY2012) and $900 million (FY2008-
FY2017). This reflects a reduction compared to funding levels proposed in the
House- and Senate-passed bills. The House bill had authorized more than $3 billion
in new mandatory funding and more than $1 billion in discretionary funding for
provisions of the energy title; the Senate bill authorized more than $1 billion in new
mandatory funding and more than $2 billion in discretionary funding. Both the
House and the Senate sought to fund these provisions through various revenue and
cost offset provisions in both bills, although in very different ways.
For more information on agriculture and bioenergy, see CRS Report RL34130,
Renewable Energy Policy in the 2008 Farm Bill; CRS Report RL32712, Agriculture-
based Renewable Energy Production; CRS Report RL33290, Fuel Ethanol:
Background and Public Policy Issues; and CRS Report RL33572, Biofuels
Incentives: A Summary of Federal Programs.
Many of the federal programs that currently support renewable energy
production in general, and agriculture-based energy production in particular, are
outside the purview of USDA and have legislative origins outside of the farm bill.
For example, the energy act signed into law in December 2007 (P.L. 110-140) covers
a wide range of topics with extensive attention to biofuels. In particular, it includes
a dramatic expansion of the renewable fuels mandate to 36 billion gallons by 2022
with carve-outs for biodiesel (1 billion gallons by 2012), cellulosic ethanol (16
billion gallons by 2022), and corn-starch ethanol (15 billion gallons by 2015).
Legislative proposals focused on renewable energy are summarized in CRS Report
RL33831, Energy Efficiency and Renewable Energy Legislation in the 110th
Congress.
Title X: Horticulture and Organic Agriculture
Sales of specialty crops, such as fruits, vegetables, and tree nuts, account for
nearly one-third of U.S. crop cash receipts and one-fifth of U.S. agricultural exports,
according to USDA. When floriculture, greenhouse, and nursery crop sales are
included, total specialty crops account for nearly 50% of all U.S. farm crop cash
receipts. However, specialty crop producers are not eligible for commodity income
support programs; also, few provisions in the farm bill’s 2002 conservation, trade,



research, and nutrition titles specifically addressed the specialty crop industry. For
more information, see CRS Report RL33520, Specialty Crops: 2008 Farm Bill
Issues.
The enacted 2008 farm bill contains a new Horticulture and Organic Agriculture
title (Title X). Among the key provisions is reauthorization of the specialty crop
block grant program established by the Specialty Crops Competitiveness Act of 2004
(P.L. 108-465). Under this program, each state receives a grant to support marketing
research and promotion to enhance the competitiveness of specialty crops grown in
the state. The 2004 act authorized appropriations to support the program (it received
$7 million in each of FY2006-FY2008). The enacted 2008 farm bill provides
mandatory funding in the amounts of $10 million for FY2008, $49 million for
FY2009, and $55 million annually in FY2010 through FY2012.
Another key provision affecting specialty crops includes mandatory funding of
$207 million through FY2012 to (1) establish cooperative agreements with state
departments of agriculture for early plant pest detection activities; (2) establish a
threat identification and mitigation program for foreign pests and diseases; and (3)
provide funds and technical assistance to specialty crop producers to develop audit-
based certification systems to lessen the risks of pest emergence and movement. The
2008 farm bill also provides $20 million over four years to establish centers where
the specialty crop industry can obtain pest- and disease-free plant source material,
and authorizes appropriations to establish a Pest and Disease Revolving Loan Fund
to help local governments purchase equipment for the speedy removal of trees that
must be destroyed to stop the spread of a pest or disease infestation.
The enacted bill also contains several provisions to encourage the consumption
of fresh fruits and vegetables. One provides $33 million through FY2012 to expand
the existing Farmers’ Market Promotion Program, with a requirement that 10% of the
funds be used to make it possible for beneficiaries of federal nutrition programs to
use their electronic benefits cards at farmers’ markets. Another provides $5 million
to establish a Healthy Urban Food Enterprise Development Center designed to help
make affordable, nutritious fresh foods more readily available in low-income
communities and neighborhoods. Finally, the bill contains provisions to increase the
amount of fresh fruits and vegetables to be purchased for USDA nutrition programs
(see Title IV, Nutrition programs).
Another major component of Title X of the 2008 farm bill includes provisions
supporting organic agriculture. The bill reauthorizes the National Organic Cost-share
Program27 and provides a one-time transfer of $22 million in FY2008 (available until
expended) to help defray farmers’ costs for obtaining certification under the National
Organic Program; the amount that an individual farmer can receive in cost-share
assistance is raised from $500 to $750. The conference report also includes $5
million in mandatory funding for data collection on organically grown crops,
authorizes the appropriation of an additional $25 million over five years for that
purpose, and requires USDA to spend $3.5 million of the total to collect and


27 In the 2002 farm bill, Congress established this program and provided a one-time transfer
of $5 million in mandatory funds to help transition farmers to organic production.

distribute up-to-date price data for the organic market. Another provision authorizes
increased appropriations to support the administrative work of the National Organic
Program office. Title II (Conservation) contains a provision making producers who
want to convert from conventional to organic farming eligible for cost-share and
technical assistance under the Environmental Quality Incentives Program.
See also CRS Report RL31595, Organic Agriculture in the United States:
Program and Policy Issues.
Title XI: Livestock
Competition and Marketing. Rapid changes have occurred in recent
decades in the structure and business methods of agriculture in general and of animal
agriculture in particular. Production and marketing have been moving toward fewer
and larger operations (sometimes referred to as consolidation or concentration), and
toward vertical integration, although the pace of these changes has varied widely
across the sectors. Debate has revolved around the impact of such changes on farm
prices, on the traditional system of independent, family-based agriculture, on
consumers, and on global competitiveness. Inherent in these questions is the role
government should play in monitoring and regulating agricultural markets. For more
information see CRS Report RL33958, Animal Agriculture: 2008 Farm Bill Issues.
The enacted 2008 farm bill contains a new title on Livestock (Title XI) that
scales back much of the language in the Senate-passed bill aimed at more closely
regulating livestock and poultry markets. For example, conferees deleted Senate
language that would have prohibited most major packers from owning, feeding, or
controlling livestock except within 14 days of slaughter. Also deleted was a Senate
provision to establish at USDA a new Special Counsel for Agricultural Competition
to investigate and prosecute violations of competition laws. Title XI of the enacted
2008 farm bill changes the Agricultural Fair Practices Act to alter the definitions of
associations and handlers. Not included in the enacted bill were various Senate
provisions intended to strengthen USDA’s oversight and enforcement of the act.
Also not included in the enacted bill were Senate provisions to give USDA stronger
enforcement authorities over live poultry dealers, among other provisions, under the
Packers and Stockyards Act (P&SA), which governs market competition in the meat
packing sectors. In their place, conferees added language requiring an annual report
detailing investigations into possible violations of the P&SA.
Also narrowed was Senate language governing contractual arrangements
between producers and integrators. Under the final farm bill, a poultry or swine
grower — a more limited definition of a contract producer than in the original Senate
bill — has the right to cancel a production contract within 3 business days of
execution, unless a later date is specified in the contract. In lieu of Senate language
limiting the conditions under which a contractor could require a producer to make
additional capital investments, the 2008 farm bill stipulates that the possibility of
such an investment be conspicuously stated in the contract. Several other provisions
retained, in somewhat modified form, in the enacted bill are intended to give
producers additional protections when disputing contract terms.



The enacted bill contains provisions intended to improve electronic reporting
under the Livestock Mandatory Price Reporting program administered by USDA’s
Agricultural Marketing Service (AMS), and to study the effects of requiring pork
processing plants to report wholesale pork price information.
Country-of-Origin Labeling. The 2002 farm bill (Sec. 10816 of P.L.
107-171) required retailers to provide country-of-origin labeling (COOL) for fresh
produce, red meats, peanuts, and seafood by September 30, 2004. Congress twice
postponed implementation for all but seafood; COOL now must be implemented by
September 30, 2008. Exempted from COOL are COOL-processed versions of these
products, and dining-out establishments. There has been vigorous debate over
whether this new program is desirable and necessary, its purposes, and its likely
impacts on farmers, processors, retailers, and consumers. Opponents of mandatory
COOL prefer a voluntary or market-driven program or at least some relaxation of the
COOL law’s compliance language. Supporters have continued to seek Congress’s
and USDA’s assurance that the mandatory program will be implemented
expeditiously. For a more detailed description of current law, requirements and
issues see CRS Report RS22955, Country-of-Origin Labeling for Foods.
The 2008 farm bill implements the mandatory program on its current schedule,
and adds goat meat, chicken (which competes with red meats in the market and
which, unlike red meats, primarily are domestically produced), ginseng, pecans, and
macadamia nuts as covered commodities. However, for red meats, it creates several
new types of label categories that are intended to facilitate and simplify compliance
in specifying the country or countries of the products. For all covered commodities,
the bill also seeks to ease recordkeeping and verification requirements, and lower
noncompliance penalties.
Inspection, Registries, and Grading. The 2008 farm bill includes
provisions covering state-inspected meat and poultry, reportable meat and poultry
registries, and catfish grading and inspection, among other provisions.
Federal law has prohibited state-inspected meat and poultry plants from
shipping their products across state lines, a ban that many states and small plants
have long sought to overturn. Limiting state-inspected products to intrastate
commerce is unfair, many state agencies and state-inspected plants have argued,
because the 27 current state-operated programs by law already must be, and are, “at
least equal” to the federal system. Those who have opposed allowing state-inspected
products in interstate commerce argued that state programs are not required to have,
and do not have, the same level of safety oversight as the federal, or even the foreign,
plants. Both the House and Senate farm bills contained language to enable state-
inspected plants to sell products in interstate commerce, but under divergent policy
approaches.
Conferees adopted the Senate’s version, whereby state-inspected plants with 25
employees or fewer may opt into a new program that subjects them to federal laws
and oversight, for which they may gain the federal mark of inspection and the ability
to ship interstate. They would still be inspected by state employees, but these
employees would be under the supervision of a federal official who will oversee
training, inspection, compliance, and other activities. States would receive at least



60% reimbursement of their costs (compared with 50% under the existing federal-


state program provisions, which also continues). The Senate language was a
compromise package acceptable to both supporters and opponents of the House-
passed language, which among other things could have enabled many plants currently
under federal inspection to apply for state inspection and continue to ship interstate.
Opponents of the House option feared that many would seek to leave the federal
system if they believed they could receive more lenient oversight by the states. (For
background, see CRS Report RL34202, State-Inspected Meat and Poultry: Issues for
Congress.)
Conferees modified a provision in the Senate but not the House bill to require
USDA to establish “reportable food registries” for meat and poultry and their
products, whereby establishments would have to report whenever there is a
probability of such foods causing adverse health consequences. (The FDA
amendments legislation passed in 2007 (P.L. 110-85) establishes a similar registry
for FDA-regulated foods.) The enacted farm bill amends the meat and poultry laws
to require an establishment to promptly notify USDA if it has reason to believe that
an adulterated or misbranded product has entered commerce. Another adopted
provision requires meat and poultry establishments to prepare and maintain written
recall plans.
Conferees modified Senate bill language to provide for two new USDA
initiatives affecting farm-raised domestic catfish: a voluntary grading program
administered through the Agricultural Marketing Service (AMS), and mandated
safety inspection of such products by Food Safety and Inspection Service (i.e.,
making catfish an amenable species along with the major meat and poultry species).
The House bill lacked this language. The final version provides for catfish grading
as a voluntary fee-based program, with producers of other seafood species eligible
to petition USDA for a similar service. Conferees agreed to extend mandatory
inspection to catfish processors, further authorizing FSIS to take into account the
conditions under which catfish are raised and transported. Although other fish and
shellfish are not covered by the final amendment, conferees noted in their
accompanying report that the Secretary of Agriculture has standing authority to add
species if appropriate.
The conference report states the intent of Congress “that catfish be subject to
continuous inspection and that imported catfish inspection programs be found to be
equivalent under USDA regulations before foreign catfish may be imported into the
United States.” Language in the bill itself instructs the Secretary to define the term
“catfish.” However, the 2002 farm bill (P.L. 107-171, Sec. 10806) had amended the
Federal Food, Drug, and Cosmetic Act to limit the acceptable definition to one family
of catfish (“Ictaluridae”), effectively prohibiting the labeling of certain Asian-grown
fish as catfish. So, the scope of the regulatory definition developed by the Secretary
of Agriculture could be of some interest.
Other Provisions. Conferees deleted two provisions in the Senate bill. One
provision would have established a Congressional Bipartisan Food Safety
Commission that would have been required to report, within one year, on
recommendations for modernizing food programs. The provision was intended to be
in response to recent food safety incidents linked to both imported and domestic



foods, which have brought into focus the question of whether there is a need for
changes in federal food safety oversight. At issue is whether the current system has
the statutory authorities, resources, and structural organization to protect consumers
from unsafe food. The second deleted provision would have prohibited FDA from
issuing a final risk assessment or from lifting the voluntary moratorium until
completion of newly mandated studies on the safety and market impacts of
introducing products from cloned animals. The provision was intended to be in
response to FDA’s request issued in late 2008 that companies refrain voluntarily
from marketing meat and milk from cloned animals or their progeny until it can
complete a final assessment of their safety (see CRS Report RL33334, Biotechnology
in Animal Agriculture: Status and Current Issues).
See also CRS Report RL33958, Animal Agriculture: 2008 Farm Bill Issues.
Title XII: Crop Insurance and Disaster Assistance Programs
The enacted 2008 farm bill contains a new title covering crop insurance and
disaster assistance programs (Title X). In addition, the enacted bill contains other
provisions authorizing “Supplemental Agricultural Disaster Assistance,” provided
for under the bill’s Title XV (Trade and Tax Provisions).
Crop Insurance Program. The federal crop insurance program is designed
to protect crop producers from unavoidable risks associated with adverse weather,
weather-related plant diseases, and insect infestations. Although the scope of the
crop insurance program has widened significantly over the past 25 years, the
anticipated goal that it would replace ad hoc disaster payments has not been
achieved.
The crop insurance program is permanently authorized and hence does not
require consideration in the farm bill. Some policymakers expressed interest in
expanding the crop insurance program in the context of the farm bill and/or
complementing it with a permanent disaster payment program. However, many
viewed the crop insurance program as a potential target for program cost reductions,
where savings could be used to fund new initiatives in various titles of the farm bill.
The Administration and others contend that the private companies should be required
to absorb more of the program losses, and that the reimbursement rate for their
operating expenses needs to be reduced as a means of reducing federal costs. The
insurance companies and many farm groups are concerned that significant reductions
in federal support will negatively impact the financial health of the crop insurance
industry and possibly jeopardize the delivery of crop insurance, particularly in high-
risk areas.
Like the House- and Senate passed farm bills, the enacted 2008 farm bill
contains several revisions to the crop insurance program, many of which are designed
to reduce program costs. For the enacted crop insurance title, CBO has estimated net
savings of $3.9 billion over five years (FY2008-2012), compared with estimated
savings of $4.0 billion in the House bill and $3.7 billion in the Senate bill.
Approximately $2.8 billion of the estimated savings in the enacted bill (as in the
House and Senate bills) is achieved through changes in the timing of premium
receipts from farmers, and payments to the companies, which has no effect on overall



subsidies to participating farmers or insurance companies. A portion of the five-year
savings is realized by requiring insurance companies and farmers to share more in
program costs. The enacted bill increases the administrative fees paid by farmers for
catastrophic crop insurance coverage (and for participation in the separate noninsured
assistance program) to new levels that are higher than both the House and Senate
bills. The bill also reduces reimbursement rates to private companies for their
administrative and operating expenses by 2.3 percentage points. Conferees did not
include a House provision that would have required the insurance companies to share
more of their underwriting gains with the federal government.
Among its other provisions, the crop insurance title of the 2008 farm bill also
(1) requires USDA to ensure that premiums are established at a level so that total
premiums equal total indemnity payments over time; (2) allows USDA to
periodically renegotiate its standard reinsurance agreement, which contains the
obligations and financial terms of the relationship between the government and the
participating private crop insurance companies; (3) reduces available mandatory
funding for reimbursing private initiatives for the research and development of new
crop insurance products, and revises the manner in which reimbursements are
provided; and (4) provides $36 million in mandatory funding over 10 years for
USDA to enhance its activities to reduce waste, fraud, and abuse within the crop
insurance program.
For more background information on crop insurance, see CRS Report
RL34207, Crop Insurance and Disaster Assistance in the 2008 Farm Bill.
Other Disaster Assistance Programs. Title XII includes other disaster
assistance provisions, including the addition of the Small Business Disaster Response
and Loan Improvements Act of 2008 (Subtitle B). This subtitle makes significant
changes to the Small Business Administration’s (SBA) response to disaster. SBA
has responsibility for making disaster loans to individuals and non-agricultural
businesses (15 U.S.C. 636(b)). Hurricane Katrina, and the SBA response, which was
widely viewed as slow and flawed, prompted may suggestions from Members and
others on how to improve the disaster loan system. In general, this act requires SBA
to implement new planning, management oversight, and reporting procedures and
authorizes private lending to supplement the disaster loans that SBA makes directly.
SBA will continue to make six types of disaster loans for damages that were not
covered by insurance:
!Personal property disaster loans (maximum $40,000) are made to
individuals to replace or repair personal property such as cars and
furniture. Home owners and renters may apply.
!Real property disaster loans (maximum $200,000) are made to home
owners to repair or replace primary residences.
!Physical disaster loans (maximum $1.5 million) are made to
businesses and nonprofits, regardless of size, to repair or replace real
property, inventory, machinery, equipment, fixtures, etc. not covered
by insurance.
!Economic injury disaster loans (maximum $1.5 million) are made to
businesses to provide operating funds following a disaster. The act



makes nonprofits eligible for these economic injury disaster loans
and adds ice storms and blizzards to the list of disasters that can
trigger these loans.
!Military reservist economic injury disaster loans (maximum $1.5
million) are made to businesses to help them overcome problems
caused by a key employee being called to active military duty.
!GO Loans (Gulf Opportunity Pilot Loans, maximum $150,000),
which were made to certain small businesses affected by Hurricane
Katrina.
The act provides for SBA-guaranteed private disaster loans to supplement the
current system of direct SBA disaster loans. Lenders in the SBA’s Preferred Lender
Program would be eligible to participate. The SBA would guarantee 85% of loans,
subject to a maximum loan size of $2 million. Following a major disaster, the SBA
can also hire private contractors to assist in processing disaster loan applications.
In the event of a major disaster with extraordinary levels of damage or
disruption (such as Hurricane Katrina), SBA may make economic injury disaster
loans to small businesses affected by the disaster regardless of location, but priority
may be given to small businesses within the disaster area. Usually, only businesses
within a disaster area are eligible.
The enacted farm bill also requires SBA to create an Immediate Disaster
Assistance Program, providing loans to small businesses affected by a disaster with
a maximum amount of $25,000 and an 85% SBA guarantee. SBA may defer
payments on existing disaster loans for up to four years for those taking out new
disaster loans. SBA is also required to assign at least 800 employees to the Office
of Disaster Assistance and 1,000 employees to the Disaster Cadre. In FY2007, the
SBA had 2,300 employees working on disaster loans; the Administration requested

921 employees for these functions for FY2009.


Title XIII: Commodity Futures
Title XIII of the enacted 2008 farm bill includes provisions that reauthorize
appropriations for the Commodity Futures Trading Commission (CFTC) for
FY2008-FY2013. The bill also makes several amendments to the Commodity
Exchange Act to (1) clarify CFTC jurisdiction over retail financial contracts based
on foreign currencies, (2) make the CFTC’s anti-fraud authority applicable to certain
off-exchange or over-the-counter derivatives contracts, (3) increase civil monetary
and criminal penalties for violations, (4) permit cross-margining of accounts in
security futures and options, and (5) establish CFTC regulation over certain
exchange-like trading facilities that are currently exempt from most regulation.
The last section is the most controversial, and deals with an issue — sometimes
referred to as the “Enron loophole” — that Congress has addressed several times
since 2000.28 These provisions of the bill would apply to electronic markets, other


28 For more information, see CRS Report RL34555, Speculation and Energy Prices:
(continued...)

than regulated futures exchanges, where contracts based on energy commodities,
metals, and other non-agricultural and non-financial commodities are traded. Under
current law, such markets (or electronic trading facilities) are required to notify the
CFTC of their operations, but are generally exempt from substantive regulation
provided that small public investors are not permitted to trade there.
Under the enacted bill, if the CFTC determined (according to criteria set forth
in the bill) that such an electronic market played a significant role in the price-setting
process (that is, if market participants looked to prices generated there as a guide to
their own transactions in the underlying commodities), the market would become
subject to a set of regulatory “core principles.” These principles amount to a
regulatory regime roughly comparable to (but somewhat less extensive than) CFTC
regulation of futures exchanges. Markets where “significant price discovery”
contracts are traded will be required to prevent price manipulation, monitor trading,
report daily figures on price and trade volume, guard against conflicts of interest, and
disclose large positions held by individual traders. Failure to comply with these
principles would give the CFTC grounds to suspend or revoke the market’s
registration.
Title XIV: Miscellaneous
The miscellaneous provisions in the 2008 farm bill cover various provisions that
are discussed in other sections of this report, including in the research, energy, and
rural development title sections. Below is a discussion of the first two subtitles,
covering socially disadvantaged and limited resource producers (Subtitle A) and
agricultural security (Subtitle B). The title also includes other miscellaneous
provisions (Subtitle C), some of which are not separately detailed in this report.
Socially Disadvantaged and Limited Resource Producers. Several
provisions in the enacted bill address outreach and assistance for socially
disadvantaged farmers and ranchers and limited-resource farmers and ranchers,
producers targeted by Section 2501 of the 1990 farm bill. Both the House- and
Senate-passed farm bills contained this provision. Other farm bill titles in the bill
contain similar provisions for the Section 2501 program, including conservation
(Title II), farm credit (Title V), rural development (Title VI), agricultural research
(Title VII), and crop insurance and disaster assistance (Title XII).
The enacted bill specifies that the Technical and Outreach Assistance Program
is to be used to enhance the coordination, outreach, education, and assistance
authorized under various USDA programs, and provides $75 million in mandatory
funding through FY2012. The bill requires USDA to document the number, location,
and economic contributions of socially disadvantaged and limited-resource farmers
and ranchers. As part of the efforts to address the needs of socially disadvantaged
and limited-resource farmers and ranchers, the bill also authorizes a new USDA
Office of Advocacy and Outreach to carry out the Section 2501 program, and also to
oversee the Minority Farmer Advisory Committee and carry out the functions of the


28 (...continued)
Legislative Responses, and CRS Report RS22912, The Enron Loophole.

Office of Outreach and Diversity previously handled by the Office of Assistant
Secretary for Civil Rights. The bill also authorizes a new Office of Small Farms and
Beginning Farmers and Ranchers, to be subsumed into the Office of Advocacy and
Outreach.
The bill also addresses the so-called Pigford decision regarding the 1999 class
action discrimination suit against USDA. Both the House- and Senate-passed farm
bills contained this provision. The bill provides that Pigford claimants who have not
had their cases determined on the merits may, in a civil action, obtain such a
determination. The enacted bill further specifies steps USDA must take with regard
to settling the claim and provides mandatory funding of $100 million for FY2008 to
pay for successful claims.
Agricultural Security. The 2008 farm bill creates an Office of Homeland
Security within USDA to coordinate the department’s agroterrorism and agricultural
disease efforts and to be a liaison with other federal agencies. It also creates an
agricultural biosecurity communications center, and a competitive grant program for
agricultural biosecurity and countermeasures development.
Regarding foreign animal diseases, the enacted bill adopts the Senate provision
that would compel USDA to issue a permit to Department of Homeland Secutiry
(DHS) to possess and work with live foot and mouth disease (FMD) virus at the
proposed and yet-to-be-built National Bio- and Agro-Defense Facility, subject to
compliance with USDA rules for handling “select agents.” For more information,
see CRS Report RL34160, The National Bio- and Agro-Defense Facility: Issues for
Congress.
Title XV: Trade and Tax Provisions
Supplemental Agricultural Disaster Assistance. During the
congressional debate on the omnibus farm bill, some policymakers wanted to make
permanent in the farm bill some level of disaster payments to supplement the crop
insurance program. Consequently, Title XV authorizes a new $3.8 billion trust fund
to cover the estimated cost of making agricultural disaster assistance available on an
ongoing basis over the next four years (FY2008-FY2011) through five new
programs.
The largest of the new farm disaster assistance programs authorized through the
2008 farm bill is a supplemental revenue assistance payment program for crop
producers. The program is designed to compensate eligible producers for a portion
of crop losses that are not eligible for an indemnity payment under the crop insurance
program (i.e., the portion of losses that is part of the deductible on the policy). An
eligible producer can receive a payment equal to 60% of the difference between a
target level of revenue and the actual total farm revenue for the entire farm. The
target level of revenue will be based on the level of crop insurance coverage selected
by the farmer, thus increasing if a farmer opts for higher levels of coverage. To be
eligible for a payment, a producer must be in or contiguous to a county that has been
declared a disaster area by either the President or the Secretary of Agriculture.



Payments are limited so that the disaster program guarantee level cannot exceed 90%
of what income likely would have been in the absence of a natural disaster.29
The producer also must have at least the minimum level of crop insurance
(CAT) coverage for insurable crops and participate in the NAP program for
non-insurable crops. The statute makes an exception for the 2008 crop year by
allowing producers who did not purchase crop insurance or NAP coverage in advance
to be eligible for the program, as long as they pay the equivalent administrative fee
for coverage within 90 days of enactment (September 16, 2008). Final payments for
2008 crop losses cannot be determined until late 2009, since a portion of the disaster
payment formula is based on the national average market price of the commodity,
which is determined at the end of the marketing year. For example, the 2008
marketing year for corn and soybeans ends September 30, 2009.
In addition to the supplemental crop revenue assistance payment program
described above, the 2008 farm bill also authorizes and funds four smaller disaster
programs also through FY2011: (1) Livestock Indemnity Payments, which
compensate ranchers at a rate of 75% of market value for livestock mortality caused
by a disaster; (2) Livestock Forage Disaster Program, to assist ranchers who graze
livestock on drought-affected pastureland or grazing land; (3) Emergency Assistance
for Livestock, Honey Bess and Farm Raised Fish, which will provide up to $50
million to compensate these producers for disaster losses not covered under other
disaster programs; and (4) the Tree Assistance Program, for orchardists and nursery
growers who can receive a payment to cover 70% of the cost of replanting trees or
nursery stock following a disaster (up to $100,000 per year per producer).
For more information on crop insurance and disaster assistance, see CRS Report
RL34207, Crop Insurance and Disaster Assistance in the 2008 Farm Bill, and CRS
Report RS21212, Agricultural Disaster Assistance.
Tax Provisions. The tax portions (Title XV) of the 2008 farm bill differ
markedly from those in either the House- or the Senate-passed versions of the bill.
The enacted bill’s tax cuts consist of six groups, respectively containing provisions
for revenue, an agriculture disaster reserve fund, conservation, energy, agriculture,
and other provisions.
The single largest revenue-raising provision in the 2008 farm bill involves a
change in the estimated tax payment of corporations. This provision increases the
estimated tax payments of corporations due in the July through September 2012 by
a factor of 7.75 percentage points, and raises approximately $4.5 billion in revenue
through 2012. Other revenue-raising provisions limit the excess farming losses of
certain taxpayers and modify the incentives related to alcohol fuels.
The single largest revenue-losing provision in the 2008 farm bill pertains to the
agriculture disaster reserve fund, discussed above. Other revenue-losing provisions


29 For a more detailed description of the authorized payment formula, see the full page text
box in CRS Report RL34207, Crop Insurance and Disaster Assistance in the 2008 Farm
Bill.

reduce the depreciable life of race horses 2 years or younger (from seven years to two
years), increase the credit for cellulosic biofuel (to $1.01 per gallon less the amount
of small-producer ethanol credit claimed and the alcohol mixture credit claimed for
ethanol), and create a qualified forest conservation bond pilot program.
The enacted farm bill contains tax-related and revenue provisions related to
conservation, energy, and agricultural provisions, among other revenue provisions.
For example, among the conservation provisions, the bill authorizes a new type of
tax-exempt private bond whose proceeds are used to finance $500 million in forest
conservation; it also modifies income tax deductions for qualified timber gains.
The farm bill also includes several provisions which loosen the rules associated
with the tax treatment of timber real estate investment trusts (REITs). For example,
the allowable size of a REIT’s taxable REIT subsidiary was expanded to 25% of
REIT assets; the treatment of mineral royalty income as REIT qualified income; the
reduction in the excise tax safe-harbor holding period from 4 years to 2 years for
timber property sold to a qualified organization exclusively for conservation
purposes.
Although the enacted farm bill contains many of the provisions from the Senate-
passed bill and one of the two tax provisions in the House-passed bill, it does not
include the largest single revenue-raising provision from either bill. The Senate bill
included a provision designed to curtail the use of tax shelters, involving the
codification of the judicial “economic substance” doctrine that has developed in court
cases related to tax shelters.30 In general terms, the doctrine denies the use of tax-
reducing items, such as tax deductions and credits, generated by transactions that do
not result in a meaningful change in the taxpayer’s economic position. The House
bill included a provision designed to curb what is sometimes termed “treaty
shopping” — situations where a foreign firm with a U.S. subsidiary routes payments
from its U.S. subsidiary through a subsidiary in another country so as to take
advantage of tax-treaty benefits. These provisions were not included as part of the
enacted 2008 farm bill.


30 For additional information on the tax provisions of the House and Senate farm bills, see
CRS Report RS22759, Farm Legislation and Taxes in the 110th Congress.

Major Provisions of the Enacted 2008 Farm Bill (P.L. 110-246)
Compared with Previous Law and the House- and Senate-Passed Bills (H.R. 2419)
PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
arm Security and Rural Investment ActFarm, Nutrition, and Bioenergy Act ofFood and Energy Security Act of 2007”Food, Conservation, and Energy Act of
2002” [7 U.S.C. 7901 note]2007” [Sec. 1][Sec. 1]2008” [P.L. 110-246]
TLE I: COMMODITIES
, COTTON, PEANUTS, AND MINOR COMMODITIES (TITLE I)
ns
ricultural Act of 1949: 7 U.S.C. 1421Agricultural Act of 1949: same as priorNo comparable definition.No comparable definition.
eq. as in effect before the suspensionslaw, with the addition of reference to
der the 1996 farm bill (Federalsuspensions under the 2002 farm bill and
ricultural Improvement and ReformSec. 1502(b) of this act. [Sec. 1001(1)]
iki/CRS-RL34696t, P.L. 104-127). [7 U.S.C. 7901(1)]
g/w
s.or comparable definition.No comparable definition.Average Crop Revenue Payment: AAverage Crop Revenue Election
leakpayment made to producers underPayment: Adopts Senate definition, with
average crop revenue paymentchange of name. [Sec. 1001(1)]
://wikiprovisions. [Sec. 1001(1)]
httpse acres: the number of base acresBase acres: the number of base acres ofBase acres: same as House definition,Base acres: Adopts House provision,
tablished by the owner of the farma covered commodity on a farmexcept covered commodity does notwith special mention of peanuts. [Sec.
der base acre provisions. [7 U.S.C.established under the 2002 farm bill (7include peanuts. [Sec. 1001(2)] Same1001(2)] Same definition for peanuts.
Same definition for peanuts. [7U.S.C. 7911, 7952), as in effect the daydefinition for peanuts. [Sec. 1301(1)][Sec. 1301(1)]
S.C. 7951(1)]before enactment of this act, subject to
adjustment. [Sec. 1001(2)]
comparable definition.Comparable United States Quality:No comparable definition.No comparable definition.
upland cotton classified as Middling 1
3/32-inch cotton, micronaire of 3.7 to
4.2, strength 30 grams per tex, uniformity
of 83. [Sec. 1001(3)]
ent: a payment toCounter-cyclical payment: a payment toCounter-cyclical payment: a payment toCounter-cyclical payment: Adopts
cers on a farm under counter-producers on a farm under traditional orproducers on a farm under traditionalSenate provision. [Sec. 1001(3)] Same
clical payment provisions. [7 U.S.C.revenue-based counter-cyclical paymentcounter-cyclical payment provisions.definition for peanuts. [Sec. 1301(2)]


Same definition for peanuts. [7provisions. [Sec. 1001(4)][Sec. 1001(3)] Same definition for
S.C. 7951(2)]peanuts. [Sec. 1301(2)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
modity: wheat, corn, grainCovered commodity: same as prior law,Covered commodity: same as prior law,Covered commodity: Adopts Senate
rghum, barley, oats, upland cotton,except adds peanuts. [Sec. 1001(5)]except differentiates between long anddefinition. Includes wheat, corn, grain
oybeans, and other oilseeds. [7medium grain rice, and adds pulse crops.sorghum, barley, oats, upland cotton,
S.C. 7901(4)][Sec. 1001(4)]long grain rice, medium grain rice, pulse
crops, soybeans, and other oilseeds. [Sec.
1001(4)]
ent: a payment made toDirect payment: same as prior law. [Sec.Direct payment: same as prior law. [Sec.Direct payment: Adopts Senate
cers on a farm under direct1001(6)]1001(5)] Same definition for peanuts.definition. [Sec. 1001(5)] Same
ment provisions. [7 U.S.C. 7901(5)][Sec. 1301(3)]definition for peanuts. [Sec. 1301(3)]
fective price: for a coveredEffective price: same as prior law. [Sec.Effective price: same as prior law. [Sec.Effective price: Adopts Senate
modity for a crop year, the price1001(7)]1001(6)] Same definition for peanuts.definition. [Sec. 1001(6)] Same
lated by USDA under counter-[Sec. 1301(4)]definition for peanuts. [Sec. 1301(4)]
clical payment provisions to determine
ether payments are required for that
iki/CRS-RL34696ear. [7 U.S.C. 7901(6)]
g/wtra long staple cotton: cotton that (A)Extra long staple cotton: same as priorExtra long staple cotton: same as priorExtra long staple cotton: Adopts House
s.orced from pure strain varieties oflaw. [Sec. 1001(8)]law. [Sec. 1001(7)]provision. [Sec. 1001(7)]
leakarbadense species or any hybrid of
://wikipecies, or other similar types of extrag staple cotton having characteristics
httpor various end uses for which
pland cotton is not suitable, and
own in irrigated or other designated
S. cotton-growing regions; and (B) is
d on a roller-type gin or, other
thorized gin for experimental purposes.
.S.C. 7901(7)]
comparable definition.Far East Price: the Friday throughNo comparable definition.No comparable definition.
Thursday average price quotation for the
three lowest-priced growths of upland
cotton, as quoted for Middling (M)
1 3/32-inch cotton, delivered C/F Far
East. [Sec. 1001(9)]
commodity: wheat, corn, grainLoan commodity: same as prior law,Loan commodity: same as HouseLoan commodity: Adopts Senate
rghum, barley, oats, upland cotton,except differentiates feed barley and maltdefinition, except does not differentiatedefinition, but differentiates graded wool
tra long staple cotton, rice, soybeans,barley; differentiates long, medium, andtypes of barley; does not include smalland nongraded wool. Includes wheat,



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
r oilseeds, wool, mohair, honey, dryshort grain rice; and includes peanuts.grain rice directly (although included incorn, grain sorghum, barley, oats, upland
tils, and small chickpeas. [Sec. 1001(10)]definition of medium grain rice);cotton, extra long staple cotton, long
.S.C. 7901(8)]excludes peanuts which are treatedgrain rice, medium grain rice, soybeans,
separately; and includes large chickpeas.other oilseeds, graded wool, nongraded
[Sec. 1001(8)]wool, mohair, honey, dry peas, lentils,
small chickpeas, and large chickpeas.
[Sec. 1001(8)]
comparable definition.No comparable definition.Medium grain rice: includes short grainMedium grain rice: Adopts Senate
rice. [Sec. 1001(9)]definition. [Sec. 1001(9)]
eed: sunflower seed, rapeseed,Other oilseed: sunflower seed, rapeseed,Other oilseed: same as House definition,Other oilseed: Adopts House definition.
ola, safflower, flaxseed, mustard seed,canola, safflower, flaxseed, mustard seed,except adds camelina. [Sec. 1001(10)][Sec. 1001(10)]
designated by the Secretary, anothercrambe, sesame seed, or, if designated by
eed. Crambe and sesame seed werethe Secretary, another oilseed. [Sec.
P.L. 108-7, Division A, Sec.1001(11)]
iki/CRS-RL34696[7 U.S.C. 7901(9)]
g/went acres: 85% of the base acresPayment acres: same as prior law. [Sec.Payment acres: same as prior law. [Sec.Payment acres: Generally, 85% of base
s.orr the covered commodity on which1001(12)]1001(11)] Same definition for peanuts.acres for the covered commodity for
leakments and counter-cyclical[Sec. 1301(5)]direct and counter-cyclical payments.
://wikiments are made. [7 U.S.C. 7901(10)] e definition for peanuts. [7 U.S.C.Exception: 83.3% of base acres for directpayments only for crop years 2009-2011.
http[Sec. 1001(11)] Same definition for
peanuts. [Sec. 1301(5)]
ent yield: in general, the yieldPayment yield: the yield established forPayment yield: same as HousePayment yield: Adopts Senate
tablished under Sec. 1102 for a covereddirect payments and counter-cyclicaldefinition, except does not includedefinition, and includes yields established
modity. “Updated payment yield”payments for a farm for a coveredpeanuts. [Sec. 1001(12)] Same definitionfor new commodities in Sec. 1102. [Sec.
s the yield established to calculatecommodity and peanuts under the 2002for peanuts. [Sec. 1301(6)]1001(12)] Same definition for peanuts.
nter-cyclical payments. [7 U.S.C.farm bill as in effect on the day before[Sec. 1301(6)]
Same definition for peanuts. [7the date of the enactment of this act.
S.C. 7951(7)][Sec. 1001(13)]
generally, an owner, operator,Producer: same as prior law. [Sec.Producer: same as prior law. [Sec.Producer: Adopts Senate definition.
dlord, tenant, or sharecropper that1001(14)]1001(13)] Same definition for peanuts.[Sec. 1001(13)] Same definition for
ares in the risk of producing a crop and[Sec. 1001(7)]peanuts. [Sec. 1301(7)]


titled to share in the crop available
r marketing from the farm, or would
ve shared had the crop been produced.
rower of hybrid seed, the

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
istence of a hybrid seed contract and
er program rules shall not adversely
ect the ability to receive a payment. [7
S.C. 7901(12)] Same definition for
anuts. [7 U.S.C. 7951(8)]
comparable definition.No comparable definition.Pulse crop: dry peas, lentils, smallPulse crop: Adopts Senate definition.
chickpeas, and large chickpeas. [Sec.[Sec. 1001(14)]
1001(14)]
the Secretary of Agriculture.Secretary: same as prior law. [Sec.No comparable definition.No comparable definition.
.S.C. 7901(13)] Same definition for1001(15)]
anuts. [7 U.S.C. 7951(9)]
ate: each of the U.S. States, the DistrictState: same as prior law. [Sec. 1001(16)]State: same as prior law. [Sec. 1001(15)] State: Adopts Senate definition. [Sec.
Columbia, the Commonwealth ofSame definition for peanuts. [Sec.1001(15)] Same definition for peanuts.
iki/CRS-RL34696erto Rico, or U.S. territory/possession..S.C. 7901(14)] Same definition for1301(8)][Sec. 1301(8)]
g/wanuts. [7 U.S.C. 7951(10)]
s.or
leakrget price: the price per unit of aTarget price: same as prior law. [Sec.Target price: same as prior law. [Sec.Target price: Adopts Senate definition.
vered commodity used to determine1001(17)]1001(16)] Same definition for peanuts.[Sec. 1001(16)] Same definition for
://wikiment rate for counter-cyclical[Sec. 1301(9)]peanuts. [Sec. 1301(9)]
httpments. [7 U.S.C. 7901(15)] Same
finition for peanuts. [7 U.S.C.
: when used in aUnited States: same as prior law. [Sec.United States: same as prior law. [Sec.United States: Adopts Senate definition.
ographical sense, all of the States. [71001(18)]1001(17)] Same definition for peanuts.[Sec. 1001(17)] Same definition for
S.C. 7901(16)] Same definition for[Sec. 1301(10)]peanuts. [Sec. 1301(10)]
anuts. [7 U.S.C. 7951(12)]
comparable definition.United States Premium Factor: theNo comparable definition.United States Premium Factor: Adopts
percentage by which the difference in thethe House definition. [Sec. 1001(18)]


U.S. loan schedule premiums for Strict
Middling (SM) 1 1/8-inch cotton and for
M 1 3/32-inch exceeds the difference in
the applicable premiums for comparable
international qualities delivered C/F Far
East. [Sec. 1001(19)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
se Acres and Program Yields
se acres: for each covered commodityBase acres: no choice of updating baseBase acres: same as House bill, exceptBase acres: Adopts Senate provision.
a farm, base acres are established byacres or payment yields, except requiresprovides for adjustment to include pulse[Sec. 1101(a)-(c)(1)] Same provision for
ner’s choice of (1) average ofUSDA to provide base acre adjustmentscrops, camelina, or newly designatedpeanuts. [Sec. 1302(a)-(c)(1)]
2001 plantings, or (2) the sum ofwhen a CRP contract ends. [Sec. 1101]oilseed acreage. [Sec. 1101(a)-(c)(1)]
oduction flexibility contract acreageSame provision for peanuts. [Sec.
der 1996 farm bill plus average oilseed1302(a)-(c)(1)]
e from 1998-2001.
modation for peanut acres, double
ng, and CRP acres. Base cannot
ceed total crop land. Payment acres =
of base acres. [7 U.S.C. 7911]
se acres for peanuts also based on the
2001 period. [7 U.S.C. 7952]
iki/CRS-RL34696parable provision.No comparable provision.Required reduction of base acres:Adopts Senate provision, with
g/wsuspend direct, counter-cyclical, andaverage crop revenue payments andmodification. Reduction in base acres isrequired for land that issubdivided and
s.orreduce base acres for land that is nodeveloped for multiple residential units
leaklonger used for farming. Specifically,or other nonfarming uses unless the
://wikiland that has been developed forcommercial or industrial use or has beenproducersdemonstrate that the landremains devoted to commercial
httpsubdivided and developed for multipleagriculture production or is likely to be
residential units or other nonfarmingreturned to agricultural use.” [Sec.
uses” unless producer demonstrates the1101(c)(2)] Same provision for peanuts.
land is devoted exclusively to agricultural[Sec. 1302(c)(2)]
production. [Sec. 1101(c)(2)] Same
provision for peanuts. [Sec. 1302(c)(2)]
comparable provision.No comparable provision.Requires USDA to track reconstitutionsAdopts Senate provision. [Sec.
of land and report to Congress to ensure1101(c)(3)] Same provision for peanuts.
that commercial or residential land is not[Sec. 1302(c)(3)]
eligible for payments. [Sec. 1101(c)(3)]
Same provision for peanuts. [Sec.
1302(c)(3)]
ent yield: for each coveredNo provision to change payment yield;Payment yields: Establishes paymentPayment yields: Adopts Senate
modity on a farm, a direct paymentpayment yields are continued from prioryields for designated oilseeds, camelina,provision. [Sec. 1102]


d is the yield established for the 1995law by definition.or pulse crops using 1998-2001 farm
e yield for oilseeds is the averageyields, adjusted back to the national

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
1998-2001, adjusted back to theaverage from 1981-85. [Sec. 1102]
tional average from 1981-85.
ent yield may be
updated yield using specified
rmulas. [7 U.S.C. 7912] Payment
for peanuts are established using
2001 period. [7 U.S.C. 7952]
comparable provision.No comparable provision.Apportion base acres for long grain andAdopts the Senate provision. [Sec. 1108]
medium grain rice based on average
acreage planted to each type of rice in the
applicable state during the 2003-2006
crop years to make counter-cyclical
payments. Producers may elect to use
farm-level planting history. Established
totals of base acres, payment acres, and
iki/CRS-RL34696yields are maintained. [Sec. 1107]
g/whibition on Small Payments
s.or
leakparable provision.No payments under $25: no paymentNo comparable provision.No direct, counter-cyclical, or average
://wikiwill be made if the total direct paymentto a producer on a farm for all coveredcrop revenue election payments will bemade on farms with less than a total of 10
httpcommodities is less than $25. [Sec.bases acres, except for limited resource
1102(e)] Same provision is made foror socially disadvantaged farms.
counter-cyclical payments [Sec. 1102(e)],Requires USDA to report on the effect of
and revenue-based counter-cyclicalthe provision. [Sec. 1101(d)] Same
payments. [Sec. 1104(i)]provision for peanuts. [Sec. 1302(d)]
Report language instructs USDA to allow
for aggregation of farms when
implementing the 10-acre requirement.
ent
ibility for payments requiresSame as prior law. [Sec. 1105(a)]Same as prior law, except adds provisionAdopts House provision, except adds a
oducers to comply with conservation,that land cannot be used for a residentialprovision that land cannot be used for a
tland, and planting flexibilityuse (including land subdivided andresidential use, and requires farmers in
irements; use base acres fordeveloped into residential units or otherthe ACRE program to report production.
ricultural or conserving use, and notnonfarming uses, or that is otherwise no[Sec. 1106(a)] Same provision for
r nonagricultural commercial orlonger intended to be used in conjunctionpeanuts. [Sec. 1305(a)]


strial use; control noxious weeds andwith farming (like Sec. 1101(c)(2)).

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
intain sound agricultural practices. [7[Sec. 1105(a)] Same provision for
S.C. 7915(a)] Same provision forpeanuts. [Sec. 1305(a)] Same provision
anuts. [7 U.S.C. 7955(a)]for Average Crop Revenue (ACR)
program, except does not require
compliance with planting flexibility
provisions since ACR has its own
planting flexibility rules. Requires USDA
to certify entities receiving payments are
producers. [Sec. 1402(a)]
equirements for transfer of interestSame as prior law. [Sec. 1105(b)-(e)]Same as prior law, except adds that noAdopts Senate provision, and applies to
e acres. Requires acreage reports. penalty shall be assessed for inaccurateACRE program. [Sec. 1106(b)-(e)] Same
otects interests of tenants andacreage report unless producersprovision for peanuts. [Sec. 1305(b)-(e)]
arecroppers and provides for sharing ofknowingly and willfully falsified the
ments on a farm on an equitablereport. [Sec. 1105(b)-(e)] Same
sis. [7 U.S.C. 7915(b)-(e)] Sameprovision for peanuts. [Sec. 1305(b)-(e)]
iki/CRS-RL34696ision for peanuts. [7 U.S.C. 7955(b)-Same provision for Average Crop
g/wRevenue program. [Sec. 1402(b)-(e)]
s.ornting Flexibility
leak
://wikiy crop may be planted on base acres,cept restrictions are placed on plantingSame as prior law, and incorporatespeanuts as a covered commodity. [Sec.Same as prior law, but the exceptionallows planting mung beans and pulseAdopts Senate provision. [Sec. 1107(a)-(c)] Same provision for peanuts. [Sec.
http fruits, vegetables, and wild rice on1106(a)-(c)]crops. [Sec. 1106(a)-(c)] Same provision1306]
se acres. Penalties apply if the fruitfor peanuts. [Sec. 1306(a)-(c)] Same
d vegetable restriction is violated.provision for Average Crop Revenue
ovides an exception for lentils, mungprogram. [Sec. 1403(a)-c)]
s, and dry peas. Exceptions
ided for farms and producers with a
tory of double-cropping or history of
owing fruits and vegetables (except
d counter-cyclical payments
ced acre for acre for the year).
.S.C. 7916] Same provision for
anuts. [7 U.S.C. 7956]
comparable provision.Establishes a pilot Farm Flex project forSame as House provision for traditionalCreates a pilot program beginning in
planting tomatoes for processing on up todirect and counter-cyclical program2009 in seven midwestern states to allow
10,000 base acres in Indiana during theparticipants, except applies only to 2008planting of fruits and vegetables for
2008-2012 crop years. Base acresand 2009 crop years. [Sec. 1106(d)]processing on base acres. Limited to
temporarily reduced for each acre ofNo comparable provision for peanut basecucumbers, green peas, lima beans,



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
tomatoes, and are protected for futureacres in Sec. 1306.pumpkins, snap beans, sweet corn, and
use. [Sec. 1106(d)]tomatoes grown for processing. States
For participants in the ACR program,include Minnesota (34,000 acres),
establishes pilot Farm Flex project forWisconsin (9,000 acres), Michigan
planting any fruit or vegetable for(9,000 acres), Illinois (9,000 acres),
processing on up to 10,000 acres inIndiana (9,000 acres), Ohio (4,000 acres),
certain states (IL, IN, IA, MI, MN, OH,and Iowa (1,000 acres). Base acres are
WI). Available for the 2010-2012 croptemporarily reduced for the year, but are
years. Base acres temporarily reducedrestored for the next crop year and
for each acre of fruit and vegetables, andconsidered planted” for any future base
protected for future use. [Sec. 1403(d)]calculations. [Sec. 1107(d)]
ents
ents: available to producersDirect payments: continues prior law toDirect payments: continues prior law toDirect payments: Continues prior law to
farms with payment yields and basecover 2008-2012 crop years. [Sec.cover 2008-2012 crop years. Excludescover 2008-2012 crop years.
iki/CRS-RL34696. Covers 2002-2007 crop years. [71102(a)]participants in the ACR program under[Sec.1103(a)] Direct payment for peanuts
g/wS.C. 7913(a)] Direct payments foruts authorized separately. [7 U.S.C.Sec. 1401. [Sec. 1103(a)] Directpayments for peanuts authorizedcontinued separately [Sec. 1303(a)]
s.orseparately. [Sec. 1303(a)]
leak
://wikient rates: eat, bushel (bu.), $0.52Same as prior law; incorporates peanutsinto same section. [Sec. 1102(b)]Same as prior law, except differentiatesbetween long grain rice and mediumAdopts Senate provision. [Sec. 1103(b)]Separate provision for peanuts. [Sec.
httprn, bu., $0.28grain rice (both at $2.35 per cwt.). [Sec.1303(b)]
ain sorghum, bu., $0.351103(b)] Peanuts, ton, $36 [Sec.
ey, bu., $0.241303(b)]
ts, bu., $0.024
land cotton, lb., $0.0667
ce, cwt., $2.35
ybeans, bu., $0.44
her oilseeds, lb., $0.0080
.S.C. 7913(b)]
uts, ton, $36 [7 U.S.C. 7953(b)]
ent amount = Payment rate, timesSame as prior law. [Sec. 1102(c)]Same as House provision. [Sec. 1103(c)] Same as prior law, except a ratio of
base acres, times direct paymentSeparate provision for peanuts [Sec.83.3% of base acres is used for crop
ld. [7 U.S.C. 7913(c)] Same formula1303(c)]years 2009-2011. [Sec. 1103(c)] Separate
r peanuts. [7 U.S.C. 7953(d)]provision for peanuts. [Sec. 1303(c)]
ing: Generally paid after October 1Timing: Same as prior law, except (1)Same as House provision. [Sec. 1103(d)]Adopts Senate provision. [Sec. 1103(d)]
the calendar year of the year ofapplies to peanuts in the same section,Separate provision for peanuts [Sec.Separate provision for peanuts [Sec.



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
rvest. Advance payments up to 50%and (2) the 22% advance payment option1303(d)]1303(d)]
er reduced to 22% by P.L. 109-171)applies only to crop years 2008-2011. No
inning as early as December 1 of theadvance payment for crop year 2012 and
dar year before harvest, at thethereafter. [Sec. 1102(d)]
ion of the producer. [7 U.S.C.
For peanuts: generally, before
tober 1 of the year of harvest. Similar
ance payments. [7 U.S.C. 7953(e)]
ents
ents: if theCounter-cyclical payments: same asCounter-cyclical payments: same asCounter-cyclical payments: continues
ective price for a covered commodityprior law, except it covers 2008-2012prior law, except it covers 2008-2012prior law to cover 2008-2012 crop years.
an the target price, a payment iscrop years. [Sec. 1103(a)]crop years. Excludes participants in the[Sec.1104(a)] Counter-cyclical payments
ailable to producers on farms withACR program. [Sec. 1104(a)] Counter-for peanuts continued separately [Sec.
ment yields and base acres. Coverscyclical payments for peanuts authorized1304(a)]
iki/CRS-RL346962007 crop years. [7 U.S.C.separately. [Sec.1304(a)]
g/w Counter-cyclical payments foruts authorized separately. [7 U.S.C.
s.or
leak
://wikifective price: the higher of (1) thetional season average market price orSame as prior law, except applies topeanuts and clarifies that effective priceSame as prior law, except computed forrice using prices by type of rice. [Sec.Adopts Senate provision. [Sec. 1104(b)] Adopts Senate provision for peanuts.
http) national average loan rate plus thefor rice and barley are to be computed1104(b)] Same as prior law for peanuts.[Sec. 1304(b)]
ment rate. [7 U.S.C. 7914(b)]notwithstanding separate loan rates by[Sec. 1304(b)]
me provision for peanuts. [7 U.S.C.type of rice or barley. [Sec. 1103(b)]
rget prices for 2004-2007 crop years:Target prices:Target prices:Target prices:
eat, bu., $3.92Wheat, bu., $4.15Wheat, bu., $4.202008 crop year (same as prior law,
rn, bu., $2.63Corn, bu., $2.63Corn, bu., $2.63except cotton lower) [Sec. 1104(c)(1)]
ain sorghum, bu., $2.57Grain sorghum, bu., $2.57Grain sorghum, bu., $2.63Wheat, bu., $3.92
ey, bu., $2.24Barley, bu., $2.73Barley, bu., $2.63Corn, bu., $2.63
ts, bu., $1.44Oats, bu., $1.50Oats, bu., $1.83Grain sorghum, bu., $2.57
land cotton, lb., $0.7240Upland cotton, lb., $0.70Upland cotton, lb., $0.7225Barley, bu., $2.24
ce, cwt., $10.50Rice, cwt., $10.50Long grain rice, cwt., $10.50Oats, bu., $1.44
Medium grain rice, cwt., $10.50Upland cotton, lb., $0.7125
ybeans, bu., $5.80Soybeans, bu., $6.10Soybeans, bu., $6.00Long grain rice, cwt., $10.50
her oilseeds, lb., $0.1010Other oilseeds, lb., $0.1150Other oilseeds, cwt., $12.74Medium grain rice, cwt., $10.50
Peanuts, ton, $495 [Sec. 1103(c)]Dry peas, cwt., $8.33Soybeans, bu., $5.80
Lentils, cwt., $12.82Other oilseeds, cwt., $10.10



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ifferent target prices applied to 2002-Small chickpeas, cwt., $10.36Peanuts, ton, $495 [Sec. 1304(c)]
ears). [7 U.S.C. 7914(c)]Large chickpeas, cwt., $12.82
uts, ton, $495 [7 U.S.C. 7954(c)][Sec. 1104(c)]2009 crop year (same as 2008, except
Peanuts, ton, $495 [Sec. 1304(c)]four new crops: dry peas, lentils, small
and large chickpeas) [Sec. 1104(c)(2)]
Wheat, bu., $3.92
Corn, bu., $2.63
Grain sorghum, bu., $2.57
Barley, bu., $2.24
Oats, bu., $1.44
Upland cotton, lb., $0.7125
Long grain rice, cwt., $10.50
Medium grain rice, cwt., $10.50
Soybeans, bu., $5.80
Other oilseeds, cwt., $10.10
Dry peas, cwt., $8.32
iki/CRS-RL34696Lentils, cwt., $12.81
g/wSmall chickpeas, cwt., $10.36
s.orLarge chickpeas, cwt., $12.81
leakPeanuts, ton, $495 [Sec. 1304(c)]
://wiki2010-2012 crop years (increases for
httpwheat, sorghum, barley, oats, soybeans,and minor oilseeds) [Sec. 1104(c)(3)]
Wheat, bu., $4.17
Corn, bu., $2.63
Grain sorghum, bu., $2.63
Barley, bu., $2.63
Oats, bu., $1.79
Upland cotton, lb., $0.7125
Long grain rice, cwt., $10.50
Medium grain rice, cwt., $10.50
Soybeans, bu., $6.00
Other oilseeds, cwt., $12.68
Dry peas, cwt., $8.32
Lentils, cwt., $12.81
Small chickpeas, cwt., $10.36
Large chickpeas, cwt., $12.81
Peanuts, ton, $495 [Sec. 1304(c)]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ent amount = target price minusSame as prior law. [Sec. 1103(d)-(e)]Same as prior law. [Sec. 1104(d)-(e)]Adopts Senate provision. [Sec. 1104(d)-
ective price (if the difference is greaterSame formula for peanuts. [Sec. 1304(d)-(e)] Adopts Senate provision for peanuts.
0), times 85% of base acres, times(e)][Sec. 1304(d)-(e)]
nter-cyclical payment yield. [7 U.S.C.
Same formula for peanuts.
.S.C. 7954(d)-(f)]
ing: generally, after the end of theTiming: generally, the later of (1) theTiming: generally, beginning October 1Adopts Senate provision, with
-month marketing year. Advanceend of the 12-month marketing year, orafter the end of the marketing year. modification. [Sec. 1104(f)] Same
ments are available; for the 2007 crop(2) October 1 of the same calendar yearAdvance payments same as in House bill.provision for peanuts. [Sec. 1304(f)]
e advance payment of 40% ofas the end of the marketing year. [Sec. 1104(f)] Same provision for
pected payment after first 6 months ofAdvance payments for 2008-2010 croppeanuts. [Sec. 1304(f)]
rketing year (for 2002-2006, twoyears: one advance payment of 40% after
ance payments, each 35% of thefirst 6 months of marketing year. No
pected payment, in October of harvestadvance payments after 2010 crop year.
d after February 1 of the next[Sec. 1103(f)]
iki/CRS-RL34696dar year). [7 U.S.C. 7914(f)] Same
g/wision for peanuts. [7 U.S.C. 7954(g)]
s.ored Counter-cyclical Payments
leak
://wikiparable provision.Revenue-based Counter-CyclicalPayments (RCCP): an alternative toAverage Crop Revenue (ACR)program: an alternative to traditionalAverage Crop Revenue Election(ACRE) program: Adopts Senate
httptraditional counter-cyclical payments. direct payments, counter-cyclicalapproach, with significant modifications.
Covers crop years 2008-2012. Producerspayments, and nonrecourse marketingAn alternative to traditional counter-
have one opportunity to elect RCCPloans for covered commodities andcyclical payments for covered
option soon after enactment. Traditionalpeanuts. Producers have one opportunitycommodities and peanuts, with a
counter-cyclical payments remain theto elect ACR option: for 2010-12 cropreduction in direct payments and
default if no election is made. [Sec.years, 2011-12. or 2012. Traditionalmarketing loan rates for participants.
1104(a)]programs remain the default if noProducers can enter any year of the 2009-
election is made. [Sec. 1401(a)]2012 crop years, but cannot return to the
traditional counter-cyclical program.
[Sec. 1105(a)]
— No comparable provision. (Continue — Fixed payment component = $15 — Continue traditional direct payments,
using traditional direct payments.)per acre times 100% of base acres. [Sec.but reduce them by 20% for ACRE
1401(b)(2)]participants. [Sec. 1105(a)(1)]
Revenue-based payment if national Revenue-based component if actualRevenue-based payment based on a
actual revenue per acre is less than thestate revenue is less than a guaranteedtwo-part trigger: (1) if actual state
national target revenue per acre for thelevel for the covered commodity. [Sec.revenue is less than a guaranteed state



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
covered commodity. [Sec. 1104(b)]1401(b)(3)]level for the covered commodity, and (2)
if actual farm revenue is less than a farm
ACRE benchmark for the covered
commodity. [Sec. 1105(b)]
— No comparable provision. (Continue — Recourse loans available on actual Continue using nonrecourse
using traditional marketing loanproduction of a covered commodity. marketing loan program, but reduce loan
program.)Loans must be repaid in full; traditionalrates by 30% for ACRE participants.
nonrecourse loans, loan deficiency[Sec. 1105(a)(1)]
payments, and marketing loan gains
unavailable. [Sec. 1401(f)]
National actual revenue per acre =Actual state revenue per acre = actualActual state revenue per acre = actual
national average yield for the year timesstate yield, times the ACR harvest price. state yield, times the national average
the higher of (1) national season averageActual state yield is the actual quantitymarket price. Actual state yield is the
market price, or (2) loan rate. An all-riceproduced in the state during the cropactual quantity produced in the state
iki/CRS-RL34696and all-barley loan rate will be used foryear, divided by planted acres. ACRduring the crop year, divided by planted
g/wthose commodities. [Sec. 1104(c)]harvest price is the harvest price used tocalculate revenue under Federal Cropacres. National average market price isthe greater of the national average price
s.orInsurance program. [Sec. 1401(c)]received during the 12-month marketing
leakyear, or the marketing loan rate after
://wikibeing reduced by 30%. [Sec. 1105(c)]
httpNational target revenue per acre:Average crop revenue guarantee perACRE program guarantee per acre =
Wheat, $149.92/acreacre = 90% times the expected state yield90% times the benchmark state yield,
Corn, $344.12/acreper planted acre, times the average of thetimes the ACRE program guarantee
Grain Sorghum, $131.28/acrepre-planting price for the crop year andprice. The benchmark state yield is a 5-
Barley, $153.30/acrethe preceding 2 crop years. The expectedyear Olympic average state yield. The
Oats, $92.10/acrestate yield for a crop year is projectedACRE program guarantee price is a 2-
Upland cotton, $496.93/acrefrom a trend using 1980-2006 data. Theyear average of the national average
Rice, $548.06/acrepre-planting price is the price used tomarket price, as defined above. The
Soybeans, $231.87/acrecalculate revenue under the Federal CropACRE program guarantee cannot change
Other oilseeds, $129.18/acreInsurance program, and cannot decreasemore than 10% from the previous year.
Peanuts, $683.83/acreor increase more than 15% from theIf more than 25% of a state’s acreage is
[Sec. 1104(d)]preceding year. [Sec. 1401(d)]irrigated and 25% is non-irrigated,
separate guarantees shall apply. [Sec.
National payment yield:1105(d)]
Wheat, 36.1 bu./acre
Corn, 114.4 bu./acreActual farm revenue per acre = actual
Grain Sorghum, 58.2 bu./acrefarm yield, times the greater of the
Barley, 48.6 bu./acrenational average price received during



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
Oats, 49.8 bu./acrethe 12-month marketing year or the
Upland cotton, 634 lb./acremarketing loan rate after being reduced
Rice, 51.28 cwt./acreby 30%. [Sec. 1105(e)]
Soybeans, 34.1 bu./acre
Other oilseeds, 1167.6 lb./acreFarm ACRE benchmark revenue per
Peanuts, 1.496 ton/acreacre = the 5-year Olympic average farm
[Sec. 1104(e)]yield, times the ACRE program
guarantee price; plus the crop insurance
National payment rate = National targetpremium per acre. [Sec. 1105(f)]
revenue per acre minus national actual
revenue per acre (if difference greater
than 0), divided by national payment
yield. [Sec. 1104(f)]
Payment amount = National paymentRevenue-based payment amount = thePayment amount = the product of (1)
rate, times 85% of base acres, timesaverage crop revenue program guaranteethe lesser of (a) the ACRE program
iki/CRS-RL34696payment yield. [Sec. 1104(g)]minus the actual state revenue (if theguarantee minus actual state revenue or
g/wdifference is greater than 0), times 85%(b) 25% of the ACRE program guarantee,
s.orof the base acres on the farm for thetimes (2) 83.3% (2009-2011) or 85%
leakcovered commodity, times the ratio of theactual production history (APH) on the(2012) of the acreage planted of thecovered commodity (not to exceed base
://wikifarm divided by the expected state yield,times 90%. This formula multiplies aacres of the commodity), times (3) the 5-year Olympic average farm yield divided
httpstate-level payment rate per acre timesby the 5-year Olympic average state
85% of base acres, then pro-rates theyield. This formula multiplies a state-
payment based on the farms yieldlevel payment rate per acre (up to a
history compared to the expected statemaximum of 25% of the guarantee level)
yield; the payment is then reduced bytimes a percentage of planted acreage,
10%. [Sec. 1401(e)]then pro-rates the payment based on the
farms yield history compared to the
state’s yield history. [Sec. 1105(g)]
Timing: Generally, later of (1) end of theTiming: Beginning October 1 after theTiming: Beginning October 1 after the
12-month marketing year, or (2) Octoberend of the marketing year for both theend of the marketing year. No advance
1 of the same calendar year as the end offixed payment and the revenue-basedpayments. [Sec. 1105(b)(3)]


the marketing year. Advance paymentscomponent. No advance payments. This
for 2008-2010 crop years: 40% ofdelays the ACR direct payment
expected payment after the first 6 monthscomponent one year compared to
of marketing year. No advance paymentstraditional direct payments. [Sec.
after 2010 crop year. [Sec. 1104(h)]1401(b)(4)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e Marketing Loans and Other Recourse Loans
e marketing loans: availableSame as prior law, except it covers 2008-Same as prior law, except it covers 2008-Generally continues prior law to cover
r any amount of a loan commodity2012 crop years, and includes peanuts.2012 crop years, and excludes2008-2012 crop years. [Sec.1201]
ced in crop years 2002-2007.[Sec. 1201(a)-(d)]participants in the ACR program. [Sec.Nonrecourse marketing loans for peanuts
dresses commingled commodities, and1201] Nonrecourse marketing loans forcontinued separately [Sec. 1307(a)(1)-
ires compliance with conservationpeanuts authorized separately. [Sec.(3)] Deletes House and Senate provisions
d wetlands requirements. [7 U.S.C.1303(a)(1)-(4)]for commingled commodities and
Nonrecourse marketing loans forpeanuts.
uts authorized separately. [7 U.S.C.
r peanuts, nonrecourse marketing loansSame as prior law, except it covers 2008-For peanuts, same as House provisionFor peanuts, adopts Senate provisions,
ailable in crop years 2002-2007. May2012 crop years, and payment for peanut[Sec. 1307(a)(5)-(6), (8)], except itincluding payments for peanut storage,
obtained through marketingstorage costs is not authorized. [Sec.authorizes payment of storage, handling,except storage payments begin with 2008
ive or association approved by1201(e)]and associated costs, and does so in suchcrop year. [Sec. 1307(a)(4)-(7)]
iki/CRS-RL34696DA. Storage to be provided on a non-a way that handling and associated costs
g/wriminatory basis and under anyditional requirements. Payment ofare not deducted from a producer’s loan,but instead advanced when peanuts are
s.orut storage costs authorized for 2002-placed under loan and repaid when
leak. [7 U.S.C. 7957(a)(4)-(7)]peanuts are redeemed. [Sec. 1307(a)(7)]
://wiki rates for 2004-2007 crop years:Loan rates:Loan rates:Loan rates:
httpeat, bu., $2.75Wheat, bu., $2.94Wheat, bu., $2.942008 crop year (same as prior law)
rn, bu., $1.95Corn, bu., $1.95Corn, bu., $1.95Wheat, bu., $2.75
ain sorghum, bu., $1.95Grain sorghum, bu., $1.95Grain sorghum, bu., $1.95Corn, bu., $1.95
ey, bu., $1.85Malt barley, bu., $2.50Barley, bu., $1.95Grain sorghum, bu., $1.95
Feed barley, bu., $1.90Barley, bu., $1.85
ts, bu., $1.33Oats, bu., $1.46Oats, bu., $1.39Oats, bu., $1.33
land cotton, lb., $0.52Base quality upland cotton, lb., $0.52Base quality upland cotton, lb., $0.52Base quality upland cotton, lb., $0.52
tra long staple cotton, lb., $0.7977Extra long staple cotton, lb., $0.7977Extra long staple cotton, lb., $0.7977Extra long staple cotton, lb., $0.7977
ce, cwt., $6.50Long grain rice, cwt., $6.50Long grain rice, cwt., $6.50Long grain rice, cwt., $6.50
Medium & short grain rice, cwt., $6.50Medium grain rice, cwt., $6.50Medium grain rice, cwt., $6.50
ybeans, bu., $5.00Soybeans, bu., $5.00Soybeans, bu., $5.00Soybeans, bu., $5.00
her oilseeds, lb., $0.0930Other oilseeds, lb., $0.1070Other oilseeds, cwt., $10.09Other oilseeds, cwt., $9.30
y peas, cwt., $6.22Dry peas, cwt., $5.40Dry peas, cwt., $5.40Dry peas, cwt., $6.22
ntils, cwt., $11.72Lentils, cwt., $11.28Lentils, cwt., $11.28Lentils, cwt., $11.72
all chickpeas, cwt., $7.43Small chickpeas, cwt., $8.54Small chickpeas, cwt., $7.43Small chickpeas, cwt., $7.43
Large chickpeas, cwt., $11.28Graded wool, lb., $1.00
aded wool, lb., $1.00Graded wool, lb., $1.10Graded wool, lb., $1.20Nongraded wool, lb., $0.40
ngraded wool, lb., $0.40Nongraded wool, lb., $0.40Nongraded wool, lb., $0.40Mohair, lb., $4.20



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
air, lb., $4.20Mohair, lb., $4.20Mohair, lb., $4.20Honey, lb., $0.60 [Sec. 1202(a)]
ney, lb., $0.60Honey, lb., $0.60Honey, lb., $0.72 [Sec. 1202(a)]Peanuts, ton, $355 [Sec. 1307(b)]
ifferent loan rates applied to 2002-Peanuts, ton, $355.00 [Sec. 1202(a)]Peanuts, ton, $355 [Sec. 1307(b)]
ears.) [7 U.S.C. 7932(b)]2009 crop year (same as 2008, except
uts, ton, $355 [7 U.S.C. 7957(b)]one new crop (large chickpeas) and
decreases for dry peas and lentils.
Wheat, bu., $2.75
Corn, bu., $1.95
Grain sorghum, bu., $1.95
Barley, bu., $1.85
Oats, bu., $1.33
Base quality upland cotton, lb., $0.52
Extra long staple cotton, lb., $0.7977
Long grain rice, cwt., $6.50
Medium grain rice, cwt., $6.50
Soybeans, bu., $5.00
iki/CRS-RL34696Other oilseeds, cwt., $9.30
g/wDry peas, cwt., $5.40
s.orLentils, cwt., $11.28
leakSmall chickpeas, cwt., $7.43
Large chickpeas, cwt., $11.28
://wikiGraded wool, lb., $1.00
httpNongraded wool, lb., $0.40Mohair, lb., $4.20
Honey, lb., $0.60 [Sec. 1202(b)]
Peanuts, ton, $355 [Sec. 1307(b)]
2010-2012 crop years (increases for
wheat, barley, oats, minor oilseeds,
graded wool, and honey)
Wheat, bu., $2.94
Corn, bu., $1.95
Grain sorghum, bu., $1.95
Barley, bu., $1.95
Oats, bu., $1.39
Base quality upland cotton, lb., $0.52
Extra long staple cotton, lb., $0.7977
Long grain rice, cwt., $6.50
Medium grain rice, cwt., $6.50
Soybeans, bu., $5.00



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
Other oilseeds, cwt., $10.09
Dry peas, cwt., $5.40
Lentils, cwt., $11.28
Small chickpeas, cwt., $7.43
Large chickpeas, cwt., $11.28
Graded wool, lb., $1.15
Nongraded wool, lb., $0.40
Mohair, lb., $4.20
Honey, lb., $0.69 [Sec. 1202(c)]
Peanuts, ton, $355 [Sec. 1307(b)]
justment of loans: establish a singleSame as prior law. [Sec. 1202(b)]Same as prior law. [Sec. 1202(b)]Same as prior law. [Sec. 1202(d)]
rate in each county for each kind of
ther oilseeds” [7 U.S.C. 7932(c)]
comparable provision.Establish a single county loan rate forSame as House provision [Sec. 1202(d)]No comparable provision.
iki/CRS-RL34696corn and grain sorghum in each county;
g/westablish a single national average loanrate for corn and grain sorghum. [Sec.
s.or 1202(c)(1)]
leak
://wikiparable provision.Administer the applicable loan,marketing loan, counter-cyclical andSame as House provision, except doesnot specifically apply to counter-cyclicalNo comparable provision.
httprelated programs using a single loan rateprogram. [Sec. 1210(e)]
for corn and grain sorghum that is
identical in each individual county. Any
adjustment for location based on
transportation shall be the same for corn
and grain sorghum in each individual
county. Allows adjustments for grade,
type, and quality. [Sec. 1202(c)(2)]
thorizes adjustments in the loan ratesAmends prior law by excepting cottonSame as House provision, except theAdopts the Senate provision, with
r any commodity based on differencesand rice from the general provision forexception applies only to cotton, removesmodifications to composition of private
rade, type, quality, location, and otheradjustment, with separate adjustmentwarehouse location differentials, andsector consultative committee. [Sec.
. Allows county loan rates as lowrules for cotton and rice. Encouragesrequires private sector consultation for1210] Same basic provision for peanuts.
95% of the U.S. average, if it does notprivate sector consultation for cotton. cotton. [Sec. 1210(a)-(d), (f)] Same as[Sec. 1308]


ease outlays; prohibits adjustment ofFor rice, prohibits adjustments except forprior law for peanuts. [Sec. 1308]
erage loan rate. [7 U.S.C. 7282]grade and quality. [Sec. 1505]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
lish quality grades for dry peas asNo comparable provision.Establishes grading basis for pulse cropsNo comparable provision; however the
eed peas; for lentils as U.S. numberbased on a grade not less than gradestatement of managers calls for USDA
tils; and for small chickpeas as U.S.number 2 or other factors, including fairregulations that reflect number 2 quality.
mber 3 small chickpeas that dropand average crop quality (adjusted to
ow a 20/64 screen. [7 U.S.C. 7932(d)]reflect normal discounts for less than
number 2 quality). [Sec. 1202(c)]
of loans: 9 months after the daySame as prior law. [Sec. 1203]Same as prior law. [Sec. 1203] SameAdopts the Senate provision. [Sec. 1203]
an is made; no extensions. [7provision for peanuts. [Sec. 1307(c)]Same provision for peanuts. [Sec.
S.C. 7933] Same term for peanuts. [71307(c)]
S.C. 7957(c)]
repayment: loans may be repaid atSame as prior law, except delineatesSame as prior law, except delineates longAdopts Senate provision, except adds an
of (1) the loan rate pluslong, medium, and short grain rice. [Sec.and medium grain rice. [Sec. 1204(a)]option that the repayment rate is based on
est, or (2) a rate determined by1204(a)]Same provision for peanuts. [Sec.a 30-day average. [Sec. 1204(a)] Adopts
that will minimize forfeitures,1307(d)]Senate provision for peanuts. [Sec.
iki/CRS-RL34696mulation of stocks, storage costs,1307(d)(1)]
g/wrket impediments, and discrepanciesefits across States and counties.
s.orcludes upland cotton, rice, ELS cotton,
leakfectionery and each other kind of
://wikinflower seed (other than oil sunflower[7 U.S.C. 7934(a)] Same
httpision for peanuts. [7 U.S.C. 7957(d)]
pland cotton and rice, repaymentSame as prior law, except delineatesSame as prior law, except delineates longAdopts Senate provision. [Sec. 1204(b)]
y be at the lesser of the loan rate pluslong, medium, and short grain rice. [Sec.and medium grain rice. [Sec. 1204(b)]
est, or the prevailing world price for1204(b)]
mmodity adjusted to U.S. quality
d location. [7 U.S.C. 7934(b)]
r ELS cotton, repayment must be at theSame as prior law. [Sec. 1204(c)]Same as prior law. [Sec. 1204(c)]Same as prior law. [Sec. 1204(c)]
rate plus interest. [7 U.S.C. 7934(c)]
evailing world market prices for cottonSame as prior law, except specifies thatSame as prior law, except delineates longAdopts the Senate provision. [Sec.
d rice are determined and announcedthe Far East price be used to determineand medium grain rice. [Sec. 1204(d)]1204(d)]


er USDA regulations, adjusted tothe prevailing world market price.
uality and location. [7 U.S.C.[Sec.1204(d)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
evailing world market price for uplandProvides for adjustment to prevailingNo comparable provision.Adopts the House provision, without
ton adjusted if (a) it is less than 115%world market prices for rice and uplandreference to Comparable United States
the loan rate; and (b) the Fridaycotton. For rice, for U.S. quality andQuality. [Sec. 1204(e)(1)-(2)(A)]
ough Thursday average price for thecondition. For upland cotton, for U.S.
est priced U.S. growth for Middlingquality and location (premiums for
32-inch cotton delivered C.I.F.Comparable United States Quality and
ern Europe is greater than thereduction to United States Premium
iday through Thursday average price ofFactor higher than Middling 1 3/32-inch;
lowest-priced growths of uplandand costs to market the commodity. [Sec.
, as quoted for Middling (M) 11204(e)]
2-inch cotton delivered C.I.F.
hern Europe. [7 U.S.C. 7934(e)(1)]
evailing world market price for uplandAdjusts prevailing world market price forSame as House provision, except theAdopts the Senate provision.
ton further adjusted based on dataupland cotton further to minimize loanfurther adjustment is to U.S. quality and[Sec.1204(e)(2)(B)]
ding U.S. share of world exports,forfeitures and accumulation of stocks,location. With respect to transition, uses
iki/CRS-RL34696el of export sales and shipment, andimprove marketing, and ensurethe terminsufficient” current-crop price
g/wer data USDA determines relevant. [7competitiveness and transition betweenquotations, rather thanless than three”
s.orS.C. 7934(e)(2)]current-crop and future-crop pricecurrent-crop price quotations in the
leakquotations. [Sec. 1204(f)]House bill. [Sec. 1204(e)]
://wikir confectionary and other kinds ofnflower seeds (other than oil sunflowerSame as prior law. [Sec. 1204(g)]Same as prior law. [Sec.1204(f)]Same as prior law. [Sec. 1204(f)]
https may be repaid at the lesser of
) the loan rate plus interest, or (2) the
ayment rate for oil sunflower seed. [7
S.C. 7934(f)]
r dry peas, lentils, and small chickpeas,Same as prior law. [Sec. 1204(h)]For pulse crops, loans shall be repaid atNo comparable provision.
s shall be repaid at the quality gradesthe quality grades for the applicable
r the applicable commodity specified incommodity as specified in Sec. 1202(c).
.S.C. 7932(d). [7 U.S.C. 7934(g)][Sec. 1204(g)]
ide payment of storage for uplandEnds the practice of paying for uplandRequires payment of cotton storage costsAdopts Senate provision to pay cotton
tton, as allowed under generalcotton storage, handling and other costsin same manner and at same rates as wasstorage costs, except a 10% reduction
thorities of the CCC. [7 C.F.R.starting with the 2011 crop. [Sec. 1510]provided for the 2006 crop, effective forapplies to 2008-2011 crop years, and a
)]2008-12 crop years. [Sec. 1204(h)]20% reduction in the 2012 crop year.
[Sec. 1204(g)]
comparable provision.No comparable provision.No comparable provision.Provides USDA authority to temporarily,
an on a short-term basis only, adjust the



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
repayment rates in the event of a severe
disruption to marketing, transportation or
related infrastructure. [Sec. 1204(h)]
Same for peanuts. [Sec. 1307(d)(2)]
payments (LDP):Same as prior law, except for 2008-2012Same as House provision, except that forAdopts House provision. [Sec. 1205]
ailable to producers who agree tocrop years. [Sec. 1205]the 2008 crop year the payment rate isSame provision for peanuts. [Sec.
rego marketing loans. LDP computedestablished as of the date that producers1307(e)]
multiplying the payment rate (thelose beneficial interest. [Sec. 1205]
ount that the loan rate exceeds the rateSame provision for peanuts. [Sec.
hich a marketing loan may be repaid)1307(e)]
r the commodity times the quantity of
modity produced. Loan
iciency payments available for
rn pelts or hay and silage, even
ugh they are not eligible for marketing
iki/CRS-RL34696s. ELS cotton is not eligible.
g/wyment rate determined using the rate in
s.orect as of the date that producers
leakest payment (producers do not needse beneficial interest). [7 U.S.C.
://wiki ] Same provision for peanuts. [7S.C. 7957(e)]
http
yments in lieu of LDP for grazedSame as prior law. [Sec. 1206]Same as prior law. [Sec. 1206]Same as prior law. [Sec. 1206]
e of wheat, barley, oats, or
[7 U.S.C. 7936]
eting Loan Provisions forSame as prior law, except uses Far EastSame as House provision, exceptAdopts the Senate provision. [Sec.
d Cotton: imposes a special importprice. Special import quota defined.specifies the price of American cotton1207(a)]
ota on upland cotton when U.S. pricesLimits imports under quota to 10 weeksdelivered to a definable and significant
ceed Northern European prices byof consumption by domestic mills. [Sec.international market.” [Sec. 1207(a)]
re than 1.25¢ for 4 weeks. [7 U.S.C.1207(a)]
mited global import quota is imposedSame as prior law. [Sec. 1207(b)]Same as prior law. [Sec. 1207(b)]Same as prior law. [Sec. 1307(b)]


upland cotton when U.S. prices
erage 130% of the previous 3-year
erage of U.S. prices [7 U.S.C. 7937(c)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision.Provides Economic AdjustmentProvides Economic AdjustmentAdopts the Senate provision, with
Assistance to Users of Upland Cotton viaAssistance to Users of Upland Cotton viamodification. Effective August 1, 2008,
marketing certificates or cash paymentsassistance of/lb. to domestic users ofthrough July 31, 2012 at/lb.; payment
of 4¢/lb. to domestic upland cotton usersupland cotton for uses of all cottonrate drops to 3¢ on August 1, 2012. [Sec.
for all cotton uses regardless of origin forregardless of origin for the same1207(c)]
acquisition, construction, installation,purposes as the House provision.
modernization, development, conversion,Effective August 1, 2008, through June
or expansion of land, plant, buildings,30, 2013; payment rate drops to on
equipment, facilities, or machinery.July 1, 2013, which terminates future
Effective through July 31, 2013. [Sec.funding. [Sec. 1207(c)]
1207(c)]
ecial competitiveness program for ELSSame as prior law. [Sec. 1208]Same as prior law, except it does notAdopts the Senate provision. [Sec. 1208]
provides marketing certificates orspecify form of payment (cash or
h payments available to domesticcertificates). [Sec. 1208]
ers and exporters whenever the world
iki/CRS-RL34696rket price for the lowest priced ELS
g/wtton is below the prevailing U.S. price
s.orr a competing growth of ELS cotton for
leakweek period; and the lowest pricedmpeting growth of ELS cotton is less
://wiki 134% of the loan rate for ELSton. Effective May 13, 2002, through
httply 31, 2008. [7 U.S.C. 7938]
rse loans for high moisture feedSame as prior law. [Sec. 1209]Same as prior law. [Sec. 1209]Same as prior law. [Sec. 1209]
ains and seed cotton: for farms that
rmally harvest corn or sorghum in a
h moisture condition, recourse loans
ailable at rates set by the USDA.
rse loans for seed cotton.
ayment at loan rate plus interest. [7
S.C. 7939]
comparable provision.Requires a deadline for peanut loanNo comparable provision.No comparable provision.


repayment no later than June 30 of the
year subsequent to the year in which the
peanuts were harvested. Loan not
redeemed by the deadline are deemed
forfeited. [Sec. 1210]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision.Authorizes quality incentive paymentsSimilar to House provision, except it hasAdopts the Senate provision, with
for healthy oilseeds with special traits tofewer requirements for proposals, doesmodifications, and adds compliance and
enhance human health. Provides fornot specify multi-year contracts, andpenalty provisions. Authorization of
discretionary appropriations of such sumsprovides for protection of proprietarysuch sums as necessary for FY2009-
as necessary. Crop years 2009-2013. information. Does not specify crop2012. [Sec. 1605]
USDA to solicit proposals; successfulyears, but authorizes discretionary
applicants enter contracts with producersappropriations of $400 million for the
and are reimbursed after premiums paidperiod FY2008-12. [Sec. 1705]
to producers. [Sec. 1211]
ent Limits
lishes payment limits on directContinues limits for direct payments andContinues limits for direct payments andContinues prior law limits for direct
ments, counter-cyclical payments,counter-cyclical payments, as amendedcounter-cyclical payments, as amendedpayments and counter-cyclical payments.
d certain marketing loan benefits underbelow. Deletes payment limit forbelow. Deletes payment limit forDeletes payment limit for marketing loan
ood Security Act of 1985, asmarketing loan program. Establishesmarketing loan program. Establishesprogram. Establishes direct attribution to
iki/CRS-RL34696ended, to a “person as broadlydirect attribution to natural person;direct attribution to natural person;natural person; eliminates 3 entity rule.
g/wined below [7 U.S.C. 1308-1308-3(a)]eliminates 3 entity rule. [Sec. 1503]eliminates 3 entity rule. [Sec. 1703(a)][Sec. 1603(a)]
s.oron: defined as an individual, partnerPerson:a natural person, and does notPerson: same as House definition. [Sec.Person: adopts the House definition.
leak general partnership or joint venture,include a legal entity.” [Sec. 1503(b)(1)]1703(b)(2)][Sec. 1603(b)(1)]
://wikist, corporation, joint stock company,ited partnership, association,
httparitable organization, State agency, or
ubdivision (except cooperative
cer associations). [7 U.S.C.
comparable definition.Legal entity: an entity created underLegal entity: same as House definition.Legal entity: adopts the House
federal or state law that (1) owns land or[Sec. 1703(b)(2)]definition. [Sec. 1603(b)(1)]
an agricultural commodity, or (2)
produces an agricultural commodity.
comparable definition.No comparable definition.Family member: “an individual toFamily member:a person to whom a
whom a member in the farming operationmember in the farming operation is
is related as lineal ancestor, linealrelated as lineal ancestor, lineal
descendant, sibling, or spouse.” [Sec.descendant, sibling, spouse, or otherwise
1703(b)(1)]by marriage.” [Sec. 1603(b)(1)]
aximum amount of payments perMaximum amount of payments perMaximum amount of payments perMaximum amount of payments per
on for the sum of allyear to a person or legal entity for theyear to a person or legal entity for theyear to a person or legal entity for the



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
vered commodities (except peanuts,sum of all covered commodities, exceptsum of all covered commodities, exceptsum of all covered commodities, except
ol, mohair, and honey):peanuts:peanuts:peanuts:
Direct payments: $40,000 Direct payments: $60,000 Direct payments and fixed ACR Direct payments: $40,000
payment: $40,000 — Direct payments under ACRE:
$40,000 minus the reduction required of
an ACRE participant in Sec. 1105(a)(1).
Counter-cyclical payments: $65,000 Counter-cyclical payments: $65,000 — Counter-cyclical payments and Counter-cyclical payments: $65,000
[Sec. 1503(a)(1)-(2)]revenue-based ACR payment: $60,000 ACRE payments: $65,000 plus the
reduction in the direct payment limit.
Marketing loan gains/LDP: $75,000 — Marketing loan gains/LDP: no limit. — Marketing loan gains/LDP: no limit — Marketing loan gains/LDP: no limit
.S.C. 1308(b)(1), (c)(1), (d)(1)][Sec. 1503(b)(2)][Sec. 1703(b)(2)][Sec. 1603(b)(2)]
aximum payment amount per year toMaximum payment amount per year toMaximum payment amount per year toMaximum payment amount per year to
iki/CRS-RL34696on for the sum of peanuts, wool,hair, and honey:a person or legal entity for peanuts:a person or legal entity for peanuts:a person or legal entity for peanuts:
g/w
s.or Direct payments: $40,000 Direct payments: $60,000 Direct payments and fixed ACR Direct payments: $40,000
leakpayment: $40,000 — Direct payments under ACRE:
$40,000 minus the reduction required of
://wikian ACRE participant in Sec. 1105(a)(1).
http
Counter-cyclical payments: $65,000 Counter-cyclical payments: $65,000 — Counter-cyclical payments, and Counter-cyclical payments: $65,000
[Sec. 1503(a)(1)-(2)revenue-based ACR payment: $60,000 ACRE payments: $65,000 plus the
reduction in the direct payment limit.
Marketing loan gains/LDP: $75,000 — Marketing loan gains/LDP: no limit — Marketing loan gains/LDP: no limit — Marketing loan gains/LDP: no limit
.S.C. 1308(b)(2), (c)(2), (d)(2)][Sec. 1503(b)(2)][Sec. 1703(b)(2)][Sec. 1603(b)(2)]
parable provision.Direct attribution: the total amount ofDirect attribution: same as HouseDirect attribution: Adopts the Senate
direct and counter-cyclical payments areprovision, except payments to a legalprovision. [Sec. 1603(b)(3)]


attributed to a person by taking intoentity are reduced proportionately based
account direct and indirect ownership inon the ownership shares of a person or
a legal entity. Payments made directly toentity that exceeds the limit.
a person will be combined with the[Sec. 1703(b)(3)]
persons pro rata share of payments to a
legal entity. Payments to a legal entity
shall not exceed the limits above, and
shall be attributed to persons with an

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ownership interest. Attribution of
payments to legal entities shall be traced
through four levels of ownership
(ownership of an entity by a person or
another entity). If after four levels of
ownership, the payment has not been
allocated to a natural person, the payment
to the first-level entity shall be reduced
on a pro-rata basis. For joint ventures and
general partnerships, payments shall not
exceed the multiple of the limits for the
number of persons and legal entities
comprising the joint venture or general
partnership. [Sec. 1503(b)(2)]
yments to minor children generally areContinue prior law rules for minorSame as House provision. Adopts House provision. [Sec.
iki/CRS-RL34696ributed to parents; marketing coops arechildren, marketing cooperatives, trusts[Sec. 1703(b)(3)]1603(b)(3)]
g/wt subject to the limits; trusts and estatesand estates, and cash rent tenants. [Sec.
s.oralify under certain rules; cash rent1503(b)(2)]
leaknts that make a significantntribution of management but not of
://wikior and equipment are ineligible;ses are treated together except under
httptain conditions. [7 U.S.C. 1308(e)]
d political subdivisions areMakes federal agencies, states andSame as House provision, except has noSame as House provision, except replaces
ed to receive payments under thepolitical subdivisions ineligible fornew exception for state and local7 U.S.C. 1308(f) with new paragraph (g)
finition of person. Payment limits dopayments, but tenants on suchgovernments to receive payments tothat allows states and political
t apply to land owned by a publicgovernment-owned land may receivemaintain a public school. Such ansubdivisions to receive payments to
tity to maintain a public school. payments. An exception allows states andexemption remains in prior law provisionmaintain a public school. A separate
.S.C. 1308(f)]political subdivisions to receive payments(7 U.S.C. 1308(f)), which is redesignatedpayment limit of $500,000 on total direct,
to maintain a public school, but paymentas subparagraph (g). [Sec. 1703(b)(3)]counter cyclical, and ACRE payments
limits apply [Sec. 1503(b)(2)]. However,applies to each state, except for states
existing law (7 U.S.C. 1308(f)) remainswith less than 1.5 million population.
in effect, which exempts states and[Sec. 1603(b)(3)]
political subdivisions from payment
limits to maintain a public school.
tity rule: no person may receiveRepeals the 3-entity rule. RequiresSame as House provision. [Sec. 1703(c)]Adopts House provision. [Sec. 1603(c)]


yments from more than three entities innotification to USDA, including names
ich the person holds substantialand social security number or tax

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
eficial interest. [7 U.S.C. 1308-1(a)]identification number. [Sec. 1503(c)]
uires a person or entity to be activelyContinues prior law provisions and addsSame as House provision. [Sec. 1703(d)]Adopts House provision. [Sec. 1603(d)
ged in farming based onan exception that if one spouse is
tributions of land, labor, equipment,determined to be actively engaged, the
d management, and requires profits beother spouse shall be determined to meet
mensurate and at risk. [7 U.S.C.requirements of personal labor or active
personal management. [Sec. 1503(d)]
ualifies a person from payments inDisqualifies a person or entity for a 2-5Same as House provision, except addsAdopts Senate provision. [Sec. 1603(e)]
ear if the person adopted ayear period for evasion of payment limitjoint and several liability for members of
heme or device to evade paymentrules. Benefits denied on a pro-rata basisan entity regarding amounts payable to
its. [7 U.S.C. 1308-2]according to ownership. USDA, and authority for USDA to
[Sec. 1503(b)(2)]release a person from liability if they
cooperate. [Sec. 1703(e)]
iki/CRS-RL34696 comparable provision.Prior law shall apply to payments madefor the 2007 crop year. [Sec. 1503(e)]Same as House provision. [Sec. 1703(g)]Prior law shall apply to payments madefor the 2007 and 2008 crop years. [Sec.
g/w 1603(h)]
s.or
leakusted Gross Income Limitation
://wiki firm cap (a cap without exceptions).Sets a firm AGI cap of $1 million (noNo firm cap.Divides AGI into two parts: farm AGI
httpexceptions) to be eligible to receiveand non-farm AGI; both are averages
direct and counter-cyclical payments,over a 3 year period.
marketing loan gains or LDPs, and Sets a firm cap of $500,000 non-
conservation benefits. Applies throughfarm AGI to receive any
the 2012 crop year. [Sec. 1504(b)(1)]commodity program benefits,
MILC, noninsured crop assistance,
or disaster payments.
Sets a firm cap of $750,000 farm
AGI to receive direct payments
(but counter-cyclical, ACRE and
marketing loan benefits may
continue if farm AGI exceeds
$750,000). [Sec. 1604(a)]
ft cap of $2.5 million AdjustedSets a soft AGI cap of $500,000, unlessSets a gradually-declining soft AGI capNo comparable provision.


oss Income Limitation (AGI) over a 3-66.66% of the 3-year average AGI isfor direct payments, counter-cyclical
average for individuals or entities toderived from farming, ranching, orpayments, and marketing loan gains or
ible to receive program payments.forestry operations. Applies through theLDPs, unless 66.66% of the 3-year

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
mit may be exceeded if at least 75% of2012 crop year. [Sec. 1504(b)(1)]average AGI is derived from farming,
GI is derived from farming,ranching, or forestry operations:
hing, or forestry operations. Applies — $2.5 million in crop year 2008,
ments, counter-cyclical — $1 million in 2009, and
yments, marketing loan benefits, and $750,000 in 2010-2012
nservation program payments for the[Sec. 1704(c)]
07 crop years. [7 U.S.C. 1308-3a]
I cap for conservation programs sameAGI cap for conservation programs sameFor conservation programs, continuesFor conservation programs, sets a soft
for commodity programs.as for commodity programs.prior law level of $2.5 million AGI, withcap of $1 million non-farm AGI, unless
exception for 75% of AGI derived frommore than 66.66% of AGI is farm AGI.
farming, ranching or forestry. [Sec.Provides USDA discretion to waive the
1704(c)]limit forenvironmentally sensitive land
of special significance.” [Sec. 1604(a)]
determines types of income asDefines certain types of income asSame as House provision, except doesAdopts Senate provision, with additional
iki/CRS-RL34696rived from farming, ranching orfarming, ranching or forestry. Includesnot limit sale of equipment to non-dealersand expansion for the inclusion of
g/wrestry income. [7 U.S.C. 1308-production of crops, livestock or rawforestry products; sale of land or rights;and does not reference depreciableequipment; includes income from waterlivestock, insurance indemnities. Specifies that sale of inputs to farmers
s.orsale of equipment but not as a dealer;or hunting rights; includes packing andcan be included if more than 66.66% of
leakrental of land; supplying inputs andshedding in processing and storing; andincome is from farming. Generally, not
://wikiservices to farmers; processing, storingand transporting agricultural products.includes government payments fromcommodity and conservation programs.to exclude anything reported on IRSSchedule F. [Sec. 1604(a)]
http[Sec. 1503(b)(3)][Sec. 1704(c)]
comparable provision.No comparable provision.Allows the allocation of AGI among theAdopts the Senate provision. [Sec.
individuals filing a joint tax return, under1604(a)]
certain conditions. [Sec. 1704(b)]
ministrative Provisions
thorizes use of funds, facilities, andSame as prior law. [Sec. 1501]Same as prior law. [Sec. 1701(a)-(d)]Same as prior law. [Sec. 1601(a)-(d)]


thorities of the Commodity Credit
rporation (CCC) to carry out Title I.
minations by USDA shall be final.
lows promulgation of regulations, and
justing expenditures if they will exceed
owable support levels under the
uguay Round Agreements. [7 U.S.C.

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
vanced direct and counter-cyclicalNo comparable provision.Same as prior law, applied to the 2008Adopts Senate provision. [Sec. 1601(e)]
ments are taxable in the year receivedfarm bill. [Sec. 1701(e)]
er than when producer has option to
e payment). [7 U.S.C. 7991(d)]
spends the permanent price supportSame as prior law, except applies toSame as House provision, except doesAdopts House provision. [Sec. 1602]
thority of the Agricultural Adjustment2008-2012 crop years, and milk throughnot mention peanuts in paragraph (a).
t of 1938 and the AgriculturalDecember 31, 2012. [Sec. 1502][Sec. 1702]
justment Act of 1949 for the 2002-07
ps (covered commodities, peanuts,
d sugar), and for milk through
ber 31, 2007. [7 U.S.C. 7992]
empts producers from liability forSame as prior law. [Sec. 1506]Same as prior law. [Sec. 1709]Same as prior law. [Sec. 1606]
deficiencies in collateral to secure
y nonrecourse loan. [7 U.S.C. 7284]
iki/CRS-RL34696thorizes the use of commoditySame as prior law. [Sec. 1507]Same as prior law. [Sec. 1710]Same as prior law, except terminates
g/wtificates, including to repay marketingauthority to use commodity certificates to
s.ors. [7 U.S.C. 7286]repay loans after the 2009 crop year.
leak[Sec. 1607]
://wikiquires that assignment of paymentsSame as prior law. [Sec. 1508]Same as prior law. [Sec. 1711]Same as prior law. [Sec. 1608]
httpst be done in accordance with USDA
ations. [7 U.S.C. 7995]
quires tracking of program benefitsSame as prior law. [Sec. 1509]No comparable provision.Same as prior law. [Sec. 1609]
der commodity and conservation titles
e made directly or indirectly to
ividuals and entities. [7 U.S.C. 7997]
ohibits publication of cotton price Strikes the prior law prohibition on theSame as House provision. [Sec. 1714]Adopts House and Senate provision.
recasts in any governmental report, orpublication of cotton price forecasts.[Sec. 1610]
lletin. [12 U.S.C. 1141j] [Sec. 1511]
s payments to estates of deceasedRequires reports to Congress of deceasedProhibits any agricultural payment to anyGenerally adopts the House approach.
mers [7 U.S.C. 1308(e)(2)(B)(ii)], butpersons that received payments for moredeceased individual or estate after twoRequires regulations that describe the
out reference to a time period. than two crop years following death.program years after the date of death. circumstances allowing payments to a
regulations establish a 2-yearEstablishes deadlines for notification ofRequire annual reports to Congress ondeceased person to settle and estate, and
riod for estates to qualify. [7 C.F.R.death, and denies payments and recoupthe number and amount of payments toto stop payments for those ineligible.
losses for failure to comply. Reconciledeceased individuals and the length ofReconcile tax identification numbers with



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
tax identification numbers with Internaltime the estate has been open. [Sec.IRS data twice a year to determine living
Revenue Service (IRS) data twice a year11073]status. [Sec. 1611]
to determine living status. [Sec. 1512]
ovide incentive payments to producersNo comparable provision.Provides incentive payments to producersAdopts Senate provision, except
hard white wheat on up to 2 millionof hard white wheat of at least $20¢/bu.authorizes discretionary appropriations
res. Total mandatory funding of $20and at least $2/acre on up to 2.9 millionrather mandatory funding. [Sec. 1612]
for the 2003-2005 crop years. acres. Mandatory funding of $35 million
.S.C. 7999]for the 2008-12 crop years. [Sec. 1706]
comparable provision.No comparable provision.Authorizes compensation up to 50% ofAdopts Senate provision. [Sec. 1613]
the cost of fungicides to control wheat
scab in durum wheat. Authorize $10
million per year for FY2008-12, subject
to appropriation. [Sec. 1707]
iki/CRS-RL34696ovides farm storage facility loans underDA regulations via the generalNo comparable provision.Establishes a storage facility loanprogram for producers of grains,Adopts Senate provision, withmodification to security and lien
g/wthorities of the CCC. For commoditiesoilseeds, pulse crops, hay, renewablerequirements. [Sec. 1614]
s.orr than sugar, maximum term of loanbiomass, and other storable commodities
leakears and $100,000 per borrower. [7(other than sugar) to construct or upgrade
://wikiF.R. 1436]storage and handling facilities. Providesfor 12-year terms and $500,000
httpmaximum loans, as well as security and
eligibility requirements. [Sec. 1708]
thorizes cotton classification servicesRevises the authorization for cottonRevises the authorization for cottonAdopts the Senate provision, with
ailable to producers of cotton, andclassification services through FY2012 toclassification services for an indefinitemodification. [Sec. 14201]
r the collection of fees andinclude leasing of property exceeding 5time period, including consultation with
ations to pay for such services.years. [Sec. 11302]the cotton industry, investment of funds,
.S.C. 473a]and long term lease of property.
Provides authorization for appropriations.
[Sec. 1712]
ines cotton-producing state, forRevises definition of cotton-producingSame as House provision. [Sec. 1713]Adopts the House provision. [Sec.
rposes of a cotton research andstate to explicitly include Kansas,14202]
omotion, using a historical measure ofVirginia, and Florida beginning with the
ction. [7 U.S.C. 2116(f)]2008 crop. [Sec. 11301]
structs USDA to appoint committees ofNo comparable provision.For combined or consolidated areaAdopts the Senate provision, with
ers in a fair and representativecommittees, requires 3-11 members thatmodification for USDA to develop



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
nner. [16 U.S.C. 590h(b)(5)(B)(ii)]are representative of the area and elected,procedures to main representation of
and ensures representation of sociallysocially disadvantaged farmers. [Sec.
disadvantaged farmers. [Sec. 1715]1615]
thorizes USDA to collect commodityNo comparable provision.Prohibits USDA from charging fees forAdopts Senate provision. [Sec. 1616]
sessments from proceeds of marketingthe collection of commodity assessments
nce loans, if assessment is requiredin its agreement with the State. [Sec.
der state law. [7 U.S.C. 7416a]1716]
parable provision.No comparable provision.Requires that, if USDA approves aAdopts the Senate provision, with
document containing signatures ofmodification. [Sec. 1617]
applicants, it shall not subsequently
determine the document to be inadequate
or invalid. [Sec. 1717]
comparable provision.No comparable provision.Requires USDA to modernize the FarmRequires a report by an outside party that
iki/CRS-RL34696Service Agency information technologysystems to ensure timely and efficientdescribes USDAs technology problemsand a plan to improve service. [Sec.
g/wprogram delivery. [Sec. 1718]1618]
s.or
leak comparable provision.No comparable provision.Requires USDA to consolidate geospatialAdopts the Senate provision, with
database systems into a single system thatmodification to limit disclosure of
://wikiis readily available to all agencies withininformation. [Sec. 1619]
httptwo years of enactment. [Sec. 1719]
parable provision.No comparable provision.Allows the CCC to lease space for USDARequires a report on the cost of leasing
agencies if the space is jointly occupiedprocedures of the General Services
by the agencies. [Sec. 1720]Administration compared to USDA. [Sec.
1620]
parable provision.No comparable provision.Provides payments to “geographicallyAdopts the Senate provision, with
disadvantaged farmers in insular areas,modification. [Sec. 1621]


Alaska, and Hawaii for transporting a
commodity or input more than 30 miles.
Reimbursement based on federal salary
differentials defined elsewhere, with
maximum of 25% transportation cost.
Authorizes $15 million of discretionary
appropriations annually. [Sec. 6021]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
parable provision.No comparable provision.No comparable provision.Provides $50 million of mandatory funds
from the CCC to implement Title I. [Sec.
1622]
lishes a “Commission on theNo comparable provision.Repeals the authorization for the paymentAdopts the Senate amendment to repeal
plication of Payment Limitations forlimits commission. [Sec. 1721(a)]the commission. [Sec. 1623(a)]
riculture.” [7 U.S.C. 7993]
thorizes market loss assistance andNo comparable provision.Repeals market loss assistance and otherAdopts the Senate amendment to repeal
er emergency assistance to personsemergency assistance to persons thatthe continued assistance. [Sec. 1623(b)]
ere eligible to receive assistancefailed to receive assistance under earlier
t did not receive assistance before aauthorities. [Sec. 1721(b)]
tain date. [7 U.S.C. 8000]
(TITLE I)
iry Price Support Program
iki/CRS-RL34696
g/wdatory support for farm price of milkMandates the direct support of cheese,Similar to the House bill. Adopts House provision. [Sec. 1501(b)]
s.or9.90 per hundredweight (cwt.).nonfat dry milk, and butter at specified[Secs. 1601(a)-(b)]
leakogram authority expired on Decemberprices for five years (through December
t was extended until March31, 2012). This is a change from
://wiki P.L. 110-161. [7 U.S.C.supporting the farm price of milk. [Secs.
http 1401(a)-(b)]
rm support price of $9.90 indirectlySpecifies minimum purchase prices of: Similar to the House bill.Adopts House provision. [Sec. 1501(c)]
intained by USDA offer to purchaseblock cheese, $1.13/lb.; barrel cheese,[Secs. 1601(b)-(c)]
tter, cheese, and nonfat dry milk from$1.10/lb.; butter, $1.05/lb.; and nonfat
sors at prices determined bydry milk, $0.80/lb (same levels currently
that allow buyers to pay farmersused to support the farm price at $9.90
east the support price. [7 U.S.C.per cwt.) Allows USDA sale of acquired
products when market prices rise to
110% of purchase price. [Sec. 1401(b)]
more than twice annually, USDA canAllows reduction of mandated purchaseNo comparable provision.Adopts House provision. [Sec. 1501(d)]


ust the purchase prices of butter andprices when USDA acquisitions exceed
nfat dry milk (reduce one and raise thespecified levels. [Sec. 1401(c)]
er) in order to minimize acquisitions.
.S.C. 7981d]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ilk Income Loss Contract Payments
e 2002 farm bill mandated a newExtends the MILC program for fiveIncreases, through August 31, 2012, theFor the period October 1, 2008 through
nter-cyclical payment program, theyears, through September 30, 2012, at thepayment rate to 45%, and raises the capAugust 31, 2012,increases the payment
Income Loss Contract (MILC)current target price of $16.94/cwt. on eligible annual production to 4.15 mil.factor to 45%, and the annual eligible
ogram. When the monthly fluid milkPayment rate remains at 34% of anylbs. per farm. Payment rate andpayment quantity to 2.985 million
ce falls below $16.94/cwt., all dairydeficiency between the market price andproduction cap would return to 34% andpounds. After that, payment factor and
ers are paid an amount equal to 34%the target price, and eligible production2.4 mil. lbs. for the last month ofpayment quantity revert to 34% and 2.4
the difference between $16.94 and thecontinues to be capped at 2.4 mil. lbs. perprogram authority in September 2012.million pounds, respectively. The $16.94
er market price. Payments per farmfarm per year. [Sec. 1406][Sec. 1602]per cwt. payment rate must be adjusted to
limited to 2.4 million lbs. of annualreflect feed cost increases above trigger
ction. MILC authority expiredlevels, as specified in the final law.
pt. 30, 2005, but several subsequent[Sec. 1506]
tensions continue it through March 15,
[7 U.S.C. 7982]
iki/CRS-RL34696iry Forward Pricing Program
g/we FY2000 omnibus appropriations actAuthorizes a dairy forward pricingSimilar (but not identical) to the HouseAdopts House provision. [Sec. 1502]
s.orthorized a pilot dairy forward pricingprogram similar to the pilot program ofbill. [Sec. 1606]
leakram implemented from mid-20002000-2004. Price paid by milk handlers
://wikitil its required expiration date ofber 31, 2004. It exemptedunder the contracts are deemed to satisfythe minimum price requirements of
httpndlers from having to pay farmers thefederal milk marketing orders. Applies
hen the forwardonly to milk purchased for manufactured
ntract price turns out to be lower. products (Classes II, III, and IV), and
.S.C. 627]excludes milk purchased for fluid
consumption (Class I). Allows for new
contracts until September 30, 2012, but
no contract can extend beyond
September 30, 2015. [Sec. 1402]
iry Export Incentive Program
ovides cash bonus payments to U.S.Extends DEIP through December 31,Extends DEIP through December 31,Adopts House provision. [Sec. 1503]


ry exporters, subject to World Trade2012, with a reference to the Uruguay2012. [Sec. 1603(a)]
ganization obligations to limit exportRound Agreements Act. [Sec. 1403]
sidies. No DEIP bonuses have been
arded since FY2004. Legislative
thority expires March 15, 2008.
tended to counter foreign (mostly EU)

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
iry subsidies. [15 U.S.C. 713a-14(a)]
iry Indemnity Program
thorizes payments to dairy farmersExtends the Dairy Indemnity ProgramSimilar to the House bill. [Sec. 1603(b)]Adopts House provision. [Sec. 1505]
en a public regulatory agency directsfthrough December 31, 2012. [Sec. 1405]
oval of their raw milk from the
rket because of contamination by
sticides, nuclear radiation or fallout, or
ic substances and other chemical
idues. Expires March 15, 2008.
.S.C. 450l]
iry Promotion and Research Program
e Dairy Producer Stabilization Act ofExtends promotion and research programExtends program authority through Sep.Adopts House provision with changes to
iki/CRS-RL34696thorized a generic dairy productomotion, research, and nutritionauthority through Sep. 30, 2012. Amendsthe 1983 Act to require producers in all30, 2012. Does not address the issueinvolving the import assessment.reduce the assessment rate on importedproducts to 7.5¢/cwt. Authorizes USDA
g/wucation program, funded by a50 states, the District of Columbia, and[Sec. 1604]to issue regulations on time and method
s.orndatory 15¢/cwt assessment on milkPuerto Rico to pay the 15¢/cwt. [Sec.of importer payments. [Sec. 1507]
leakced/marketed in the 48 contiguous1407]
. Assessment extended to imports
://wiki Sec. 1505 of 2002 farm bill. Import
httpsessment never collected because the
clusion of some states was considered
nsistent with WTO rules. Expires
15, 2008. [7 U.S.C. 4501-4514]
ilk Marketing Orders
eral milk marketing order rules issuedCreates a Federal Milk Marketing OrderCreates a Federal Milk Marketing OrderCreates a Federal Milk Marketing Order
USDA place requirements on the firstReview Commission to review andReview Commission, with same overallReview Commission with 14 members
yers or handlers of milk, includingevaluate the current federal and similarfunctions and purposes as the House bill,appointed by USDA; objectives of the
ing at least minimum prices for thestate order systems. The 18-memberbut with some differences in thecommission are similar to but modified
lk depending on its end use. Perm-Commission is to consider legislative andappointment of members and issues to befrom the House version. [Sec. 1509]


ent federal authority to regulate theadministrative options for: ensuring thestudied. [Sec. 1608]
ndling of milk was first provided in thecompetitiveness of farmers and
ricultural Adjustment Act of 1933,processors, and simplifying and
d subsequently revised by the Agri-streamlining the federal order system.
ltural Marketing Agreement Act ofReport is due within two years of the first
amended. [7 U.S.C. 601 et seq.]meeting. [Sec. 1409]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
en USDA amends federal orders, itRevises order amendment procedures byAlso revises amendment procedures byIncludes elements of both bills with
st issue a notice of a hearing at leastplacing time constraints on USDA atestablishing a timetable for certainregard to the time constraint provisions,
ee days prior to the hearing.various steps of the amendment process. actions, but with some differences.avoidance of duplication, and use of feed
.S.C. 608c(17)][Sec. 1404][Sec. 1605] and fuel costs for hearings involving
adjustments to make allowances.
[Sec. 1504]
late April 2007, USDA announced anRequires USDA, within 90 days ofSimilar to the House bill, except that theAdopts Senate provision. [Sec. 1508]
or in nonfat dry milk prices reported toenactment, to submit a report to Congressreport is to be filed with the House and
by manufacturers over the previouson price reporting procedures for nonfatSenate Agriculture Committees. [Sec.
onths. The error contributed todry milk, and the effect these procedures1607)
er farm milk prices than wouldhave had on marketing order pricing
erwise have been the case.since July 1, 2006. [Sec. 1408]
andatory Dairy Commodity Price Reporting
iki/CRS-RL34696iry Market Enhancement Act of 2000uires manufacturers to report toNo comparable provisions.Requires manufacturers to report salestransactions daily. Requires USDA toAuthorizes USDA to establish anelectronic reporting system (subject to
g/w the price, quantity, and moisturepublish the data each reporting day andavailable funds), after which increased
s.ortent of dairy products sold. [7 U.S.C.compare it with other dairy marketfrequency in mandatory reporting of
leakstatistics on a quarterly basis. dairy product sales would be required.
://wiki[Secs. 1609 and 1610]Provides for quarterly audits of submittedinformation and comparison with related
httpdairy market statistics. [Sec. 1510]
AR (TITLE I)
t Directive
uires USDA to the maximum extentRetains current no-net-cost requirement.Similar to the House bill. [Secs. 1501Continues no-cost requirement found in
acticable to operate the sugar[Secs. 1301 and 1303(b)]and 1504(b)]prior law. [Secs. 1401, 1403] Requires
nrecourse loan program at no net cost USDA to operate sugar-for-ethanol
avoiding sugar forfeitures to the CCC.program (in Energy title) to ensure this
.S.C. 7272 (g), 7 U.S.C. 1359bb (b),no-cost directive is met. [Sec. 9001]
.S.C. 1359cc (b)(2)]
ice Support Levels, Loans and Payments
raw cane and refined beet sugar loanIncreases raw cane sugar and refined beetIncreases raw cane sugar loan rate toIncreases raw cane sugar loan rate to
es at 18.0¢ and 22.9¢/lb throughsugar loan rates to 18.5¢/lb. and 23.5¢/lb19.0¢/lb. by FY2013, in 1/ increments18.75¢/lb. in FY2012 and FY2013, in
pands loan eligibility to in-for FY2009 through FY2013. [Sec. 1301] beginning in FY2010. Increases beet1/ increments beginning in FY2010.
s sugars and syrups at 80% of thesugar loan rate, to be set at 128.5% of theSets refined beet sugar loan rate at



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
plicable loan rates. Makesraw cane rate in effect each year (e.g.,22.9¢/lb. in FY2009. Starting in
nrecourse loans available to processorsreaching 24.42¢/lb. in FY2013). [Sec.FY2010, sets beet sugar rate equal to
der certain conditions. Sets 9-month1501]128.5% of the raw cane rate in effect,
ayment term for such loans. [7 U.S.C.(e.g., rising to 24.1¢/lb. in FY2012 and
FY2013). Continues other provisions
found in prior law. [Sec. 1401]
thorizes CCC to accept bids fromContinues in-kind authority. StipulatesSimilar to the House bill. [Sec. 1501]Continues in-kind authority and adds
gar processors to purchase USDA-that planted beets or cane diverted fromHouse/Senate provision. [Sec. 1401]
ned sugar in conjunction with reducedproduction can only be used as bioenergy
ction of new sugar crops. [7 U.S.C.feedstock. [Sec. 1301]
DA now pays storage rates of/cwt.No comparable provision.Requires (only through crop year 2011)Adopts Senate provision. [Sec. 1405]
r raw cane and 10¢ per cwt. for refinedUSDA minimum storage payment rates
ugar that has been forfeited underof 10¢/cwt. and 15¢/cwt. on forfeited raw
iki/CRS-RL34696onrecourse loan program. [15cane and refined beet sugar. [Sec. 1503]
g/wS.C. 714b & 714c; 7 CFR Part 1423]
s.orthorizes CCC to provide financing toNo comparable provision.Retains authority, but stipulates that loansContinues prior law and adds Senate
leaksors of domestic sugar to constructshall not require any prepayment penalty. provision. [Sec. 1404]
://wikipgrade storage and handling[Sec. 1402][Sec. 1502]
http
arketing Allotments and Allocations
avert loan forfeitures, USDA limitsContinues purpose and structure ofSimilar to the House bill. Continues marketing allotment authority
ount of sugar processors can sellmarketing allotments and allocations, but[Sec. 1504(a)-(d)]and adopts House/Senate provisions
year (according to a nationalchanges some key provisions. Changesrequiring USDA to set OAQ at not less
verall allotment quantity” (OAQ)formula to require USDA to set OAQ atthan 85% of estimated U.S. human
ided between cane and beet sectors,not less than 85% of estimated humanconsumption, and eliminating allotment
allocated to individual processors). food and beverage sugar use. Eliminatessuspension trigger. [Sec. 1403(a)-(d)]
e OAQ must accommodate WTO andallotment suspension provision.
FTA import commitments (1.532[Sec. 1303(a)-(d)]
n short tons). If imports are larger,
s authority to implement
tments is suspended. [7 U.S.C.
d 1359dd]
rects USDA to reassign unused rawRequires that any reassignment of unusedSimilar to the House bill. [Sec. 1504(e)]Adopts House/Senate change to prior
e and beet sugar marketing allocationscane and beet allocations to imports [inlaw. [Sec. 1403(e)]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
to other cane states and beetthe fourth step] must be met by imports
sors, respectively; second to cane of raw cane sugar.” [Sec. 1303(e)]
sors within each state; third to
les of sugar in CCC’s inventory; and
th to imports. [7 U.S.C. 1359ee]
gar Provision Related to Bioenergy Programs see section on Energy Programs (below)
ade-Related Provisions
accord with a 1994 trade commitment,Makes no changes to import quotaMakes no changes to import quotaMakes no change to current U.S. trade
DA sets an annual global sugar importcommitments found in various tradecommitments.commitments.
ota of not less than 1.256 mil. shortagreements and laws.
s. USTR allocates the quota among
ible countries, and also administers
erential sugar import quotas for free
iki/CRS-RL34696reement partner countries. fective January 1, 2008, Mexico can
g/wip duty free an unlimited amount of
s.orgar to the U.S. market.
leak
quires USTR in 2002-07 to reallocateRepeals requirement for reallocatingSimilar to the House bill.Adopts House/Senate repeal provision.
://wikid country quota allocations to othersugar import quota shortfalls. [Sec. 1504(i)][Sec. 1403(i)]
httpota-holding countries with sugar to[Sec. 1303(i)]
[7 U.S.C. 1359kk]
has discretion to increase the sizeRequires USDA to set quotas for rawSimilar to the House bill.Adopts House/Senate provision on
global raw cane and refined sugarcane and refined sugar at the minimum[Sec. 1504(j)]setting initial import quotas at minimum
port quotas when domestic sugarlevel necessary to comply with U.S. tradelevels and laying out steps to be followed
pplies are inadequate to meet U.S.agreement obligations. In cases of sugarto increase imports in the event of a sugar
and at reasonable prices. [Chaptershortages, supplies are to be increasedshortage. [Sec. 1403(j)]
, additional note 5, of the U.S.first by reassigning allotment deficits to
monized Tariff Schedule; 19 CFRimports of raw cane sugar, second by
t 2001, Subpart A]increasing the refined sugar quota, and
third by increasing raw cane sugar quota.
[Sec. 1303(i)]
protect domestic sugar prices, USDARequires USDA to establishorderlyNo comparable provision.Deletes House “shipping patterns”
ulated the flow of sugar imports fromshipping patterns for major suppliers ofprovision.


ge quota holders (through 2005).sugar to the U.S. market. [Sec. 1303(i)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e U.S.-Mexican agreement on bilateralNo comparable provision.Expresses sense of Senate that U.S. &Deletes Senate provision.
rket access for sugar and high-fructoseMexican governments should coordinate
syrup created an industry andtheir sugar policies to be consistent with
vernment task force to addressU.S. international commitments, to avoid
s that might arise after thedisruptions of each countrys sweetener
ination of tariffs on sweeteners onmarkets (sugar and high-fructose corn
uary 1, 2008. [Exchange of Letterssyrup). [Sec. 1505]
ween USTR and Mexico’s Secretariat
conomy, July 27, 2006]
e U.S. withdrew from the InternationalRequires the Secretary of Agriculture toSimilar to the House bill.Adopts House provision. [Sec. 1402]
gar Organization (ISO) in 1992work with the Secretary of State to[Sec. 1504]
se of opposition to the allocation ofrestore U.S. membership in the ISO
untry contributions to ISOs budget.within one year. [Sec. 1302]
TLE II: CONSERVATION
iki/CRS-RL34696ogram Definitions and Funding
g/w
s.or the Food Security Act ofNo provisions. Adds definitions of beginning farmer orAdopts Senate provision with changes.
leakSA) (P.L. 99-198, or the 1985rancher, Indian tribe, nonindustrialRemoves the test of net worth. Adopts
m bill), as amended, defines 18 terms.(Note: some terms added by the Senateprivate forest land, sociallythe 1990 farm bill definition of a socially
://wiki.S.C. 3801]bill in this section are defined for specificdisadvantaged farmer or rancher, anddisadvantaged farmer or rancher, with
httpconservation programs, as noted below.) technical assistance. Authorizes USDAchanges to define farm, integrated pest
to employ a test of net worth or othermanagement, person and legal entity, and
measure to qualify. [Sec. 2001] livestock. [Sec. 2001]
the FSA, as amended,Extends reauthorization through FY2012Extends reauthorization through FY2012Extends reauthorization through FY2012
thorizes mandatory funding throughwith funding specified for CSP, FPP,with funding specified for CSP, FPP,with the following in additional new
2007 to carry out various conservationEQIP, and WHIP. [Sec. 2401(a)]EQIP, WHIP, GRP, and the Voluntarybudget authority: CSP ($1.1 billion);
rams. [16 U.S.C. 3841]Public Access and Habitat IncentivesEQIP ($3,393 million); and FPP ($773
Program. [Sec. 2401(a)]million). [Sec. 2701]
te: Authorized funding levels for
rious programs is provided in
vidual program sections below.
ghly Erodible and Wetland Conservation
. 1211-1212 of the FSA, as amended,No comparable provision.Adds a second level of review by theAdopts Senate provision, providing for
kes violators of the conservationstate or district director, with technicalreview of good faith determinations
mpliance program ineligible for certainconcurrence from USDAs Naturalrelated to highly erodible land
ogram benefits, with some exceptionsResources Conservation Service (NRCS)conservation. [Sec. 2002]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
m full loss of eligibility. [16 U.S.C.if the Secretary has determined that this
d 3812f]exception should apply. [Sec. 2101]
. 1221-1222 of the FSA, as amended,No comparable provision.Add a second level of review by the stateAdopts Senate provision, providing for
kes swampbuster ineligible for certainor district director, with technicalreview of good faith determinations
ogram benefits, with some exceptionsconcurrence from NRCS if the Secretaryrelated to wetland conservation.
m full loss of eligibility. [16 U.S.C.has determined that this exemption[Sec. 2003]
d 3822h]should apply. [Sec. 2201]
prehensive Conservation Enhancement Program
e 1990 farm bill amended Sec. 1230 ofNo comparable provision. (Note:Deletes Section 1243 in prior law, andDoes not reauthorize the CCEP. The
to establish a program laterAmendments to Sec. 1243 describedmoves some provisions, amended, intoHealthy Forest Reserve Program is
med the Comprehensivebelow in the “other conservationthis (and other) sections. Extends CCEPretained in the forestry title [Sec. 8205];
nservation Enhancement Programprograms” subsection .)through FY2012. Makes changes thatthe county acreage cap is addressed
CEP). The CCEP, which includes thereduce administrative burdens, streamlineelsewhere [Sec. 2708]. The agreement
iki/CRS-RL34696nservation Reserve Program (CRP),lands Reserve Program (WRP), andthe application process, and promotepartnerships. Deletes EQIP from CCEPadopts a provision to exclude CREPacreage and continuous CRP acreage
g/wvironmental Quality Incentivesand adds the Healthy Forests Reservefrom the 25% cap if the county
s.orram (EQIP), promotes long-termProgram. Adds a new exception wherebygovernment concurs, and further
leakotection for environmentally sensitiveUSDA may exceed the enrollmentspecifies this provision is separate and
://wikis through easements and technical/ancial assistance. [16 U.S.C. 3830] limitation when a state or local regulationprohibits agricultural water use, requiringdistinct from the existing waiverauthority. [Sec. 2106] Additional
httpUSDA to enroll the land within 180 daysguidance is provided in the Managers
te: Administration of CCEP, theof receiving a request and pay a rentalstatement.
bject of Sec. 1243, is described below.rate that reflects the rate prior to
implementing the regulation. [Sec. 2301]
e 1990 farm bill amended Sec. 1243 ofAmends administration provisions byAmends to streamline applicationAdopts House provision with changes
to authorize administration ofmoving sections on acreage enrollmentprocess, add new endangered speciesand names the initiative the Cooperative
. Provisions include avoidinglimits, tenant protection, and obtainingprovisions, and establish newConservation Partnership Initiative
plication of required conservationtechnical assistance. Establishes a newpartnerships and cooperation projects for(CCPI). [Sec. 2707] Allows USDA to
s, limiting enrollment under CRP andCooperative Conservation Partnershipspecial projects (up to 5 years) withmake consider local circumstances, goals,
P to 25% of the cropland in a county,Initiative to carry out projects/initiativesmultiple producers and eligible partnersand objectives, and provides for
ecting the interests of share croppersusing competitive (2-5 years) grants. to address state conservationadjustments to provide producers
d tenants, allowing approved sourcesSpecifies 14 criteria to be used inrecommendations. Specifies five projectpreferential enrollment in the applicable
ide technical assistance, and usingreviewing applications and 9 projectpurposes, lists application contents, andprogram as part of the special project.
to 5% of the funds from thepriorities. Specifies duties of participantidentifies USDAs duties and prioritiesApplies to all USDA conservation
ndatory funded conservation programsand USDA. Specifies program will bewhen selecting projects (including 14programs except CRP, WRP, FPP and
oster cooperation throughfunded with 10% of funds for CSP,priority water project areas); also requiresGRP. The stated intent is to provide for
nerships. [16 U.S.C. 3844]EQIP, and WHIP. The federal share formonitoring and evaluation. Specifiesapplications that include innovative



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
each project will be at least 75% of costs;funding of 10% of the mandatory fundscombinations of covered initiative
90% of the funds will be allocated at theallocated to each state (except CRP, CSP,programs, and applications that might
state level (incentives and bonusWRP, and the new Conservationwork in tandem with the enhancement
payments may be used for specifiedStewardship Program), with 75% ofprograms under CRP or WRP. Additional
purposes). Limits administrative costs tofunds for intra-state and 25% for multi-guidance is provided in the Managers
5% of any grant. [Sec. 2403] state projects. [Sec. 2405]statement.
nservation Reserve Program
d) of the 1985 farm billExtends authorization through CY2012;Extends authorization through CY2012.Extends authorization through CY2012,
) authorizes the CRP; the program isretains current acreage enrollment limitRetains current acreage enrollment limit. and allows USDA to address issues under
rrently authorized through CY2007 at(39.2 million acres). [Sec. 2101(a-b)]Adds pollinator habitat to the generalState, regional, and national conservation
.2 million acres. [16 U.S.C. 3831(a-d)]purposes. Expands eligible land toinitiatives. Caps enrollment at 32 million
include some types of marginal pasture-acres [Sec. 2103]. Clarifies that alfalfa
land and land enrolled in a new floodedgrown as part of a rotation practice is a
farmland program. [Sec. 2311(a-c)]commodity for crop history purposes.
iki/CRS-RL34696[Secs. 2101-2102, 2105] Provides for
g/wpollinator habitats. [Secs. 2706, 2708]
s.or) of the FSA, as amended,Deletes states but retains Chesapeake BaySimilar to the House bill; also adds to theAdopts House provision to include all
leakts priority areas as the Chesapeake Bayregion. [Sec. 2101(b)]list the prairie pothole region, the GrandStates that make up the Chesapeake Bay
://wikiion (PA, MD, VA) , the Great Lakesgion, and Long Island Sound. [16Lake St Marys Watershed, and theEastern Snake Plain Aquifer. [Sec.Region as the Conservation Priority Area.[Sec. 2104]
httpS.C. 3831f]2311(d)]
) of the FSA, as amended,Extends program through CY2012. [Sec.Extends program through CY2012;Adopts Senate provision with changes.
thorizes a one million acre pilot2101(e)]expands eligibility to include certainamendment. Enrollment is capped at
ogram within the CRP for wetlands andshallow water areas and certain 100,000 acres in any State and 1 million
ffer areas. [16 U.S.C. 3831h]agricultural drainage water treatmentacres total. Adds conforming changes to
collection areas, and expands the eligiblethe Emergency Forestry Conservation
buffer acreage. Directs USDA toReserve Program. Expands enrollment
establish the maximum size of the bufferof wetland and buffer acreage to include
acreage to be enrolled along with eligibleland that had been cropped during 3 of
lands. Increases the maximum wetland10 crop years prior to 2002 and after
size to 40 contiguous acres and makes all1990 and is subject to a natural overflow
acres eligible for payment. [Sec. 2311(e)]of a prairie wetland. [Sec. 2106]
the FSA, as amended,Allows managed haying and grazing toAllows managed haying and grazing toAdopts House provision with changes,
ecifies a duty of participants is limitingcontrol invasive species, and adds detailcontrol invasive species and permitsallowing for routine grazing, including
mmercial uses, including haying andon allowed uses, enrolled lands, andmanaged haying and grazing that is a partgrazing to control invasive species.
azing on enrolled lands; allowsadjustments to annual contract payments.of a conservation plan. [Sec. 2311(h)]Additional guidance is provided in the



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
naged haying/grazing under certain[Sec. 2101(f)]Managers statement. [Sec. 2108] Grants
mstances. [16 U.S.C. 3832a(7)]management on land” should not result
in a reduced payment, if done in
accordance with the contract. [Sec. 2107]
the FSA, as amended,Requires USDA to conduct and makeSimilar to the House bill; also requiresRequires USDA to survey annually the
tablishes a framework for calculatingavailable an annual survey of dryland andUSDA to give preference to local ownersper acre estimates of county cash rents
l rental payments. [16 U.S.C.irrigated cropland cash rental rates in allor operators when considering competingpaid to contract holders, and requires that
counties with more than 20,000 acres ofoffers providing equivalent benefits.USDA give priority to offers from local
crop and pasture land. [Sec. 2101(g)][Sec. 2311(j)]residents if conservation benefits are
equivalent among offers. [Sec. 2110 ]
the FSA, as amended,Allows USDA to terminate any contractAllow USDA to terminate a contract if aAdopts House provision. [Sec. 2111]
s USDA to terminate CRP contractsafter 5 years, but prohibits terminatingretired or disabled producer has endured
ears if contract was in effectcontracts for land enrolled under afinancial hardship because of taxes on
ore 1/1/95. [16 U.S.C. 3835e]continuous signup. [Sec. 2101(i) and (j)] rental payments. [Sec. 2311(k)]
iki/CRS-RL34696parable provision.No comparable provision.No comparable provision.Specifies a 50% federal share of cost
g/wsharing payments relating to trees,
s.orwindbreaks, shelterbelts, and wildlife
leakcorridors. [Sec. 2109]
://wikie 2002 farm bill amended Sec. 1244(a)Facilitates the transfer of CRP land fromNo comparable provision. Adopts House provision with
http the FSA to authorize USDA to providea retiring owner to a beginning / socially-modifications. [Sec. 2111]
entives to beginning farmers/ranchersdisadvantaged producer to return land to(Note: Support for socially disadvantaged
d Indian tribes to participate in con-production, and allows new owner toand limited resource farmers/ranchers are
rvation programs. [16 U.S.C. 3844(a)]begin land improvements or start organicin other bill sections.)
certification process one year before CRP
contract expires. [Sec. 2101(h)]
comparable provision.No comparable provision.Creates new Flooded Farmland ProgramDeletes this section and modifies CRP
for the Prairie Pothole region within theand WRP to accomplish the intent of the
CRP. Allows continuous enrollment.Senate amendment, including expanding
Eligible land parcels must exceed 5 acres,eligible lands under the CRP pilot
been incapable of production preceding 3program for wetlands and buffer areas
crop years, have a cropping history, and[Sec. 2106] and expands eligible lands
have no natural outlet. [Sec. 2312]under WRP. [Sec. 2201]
comparable provision.No comparable provision.Creates new Wildlife Habitat ProgramDeletes this section and modifies CRP to
for CRP participants with establishedaccommodate the intent of the Senate
softwood pine stands using managementamendment. Additional guidance is



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
practices that benefit wildlife (contractsprovided in the Managers statement.
up to 5 years). Program ends September
30, 2011. [Sec. 2313]
etlands Reserve Program
e 1996 farm bill amended Sec. 1237(a)Adds to the purposes to create and toNo comparable provision.Amends purposes to restore, protect, or
the FSA to authorize WRP, stating itsenhance wetlands, and to purchaseenhance wetlands on private or tribal
rpose to restore and protect wetlands.floodplain easements. [Sec. 2102(a)]lands. [Sec. 2201]
.S.C. 3837a]
the FSA, as amended,Sets maximum enrollment at 3.605Sets annual fiscal year enrollment goal ofSets maximum enrollment at 3.041
aximum enrollment at 2.275million acres. Sets an annual fiscal year250,000 acres, with no enrollment aftermillion acres. Sets annual fiscal year
n acres, with an annual calendarenrollment goal of 250,000 acres, ofFY2012. [Sec. 2321] enrollment goal of 250,000 acres through
rollment goal of 250,000 acres.which not more than 10,000 acres may beFY2012. [Sec. 2202-2203]
.S.C. 3837b]flood plain easements. [Sec. 2102(b)]
iki/CRS-RL34696New section adds language authorizingWRP from FY2008-12. [Sec. 2402(h)]
g/w
s.or the FSA, as amended,Adds riparian areas to eligible wetlands,Expands eligible lands under WRP to
leaklishes requirements for eligibleand makes eligible floodplain landinclude cropland or grassland that was
s through 2007. [16 U.S.C. 3837c]flooded in the past calendar year or atused for agricultural production prior to
://wikileast twice in the past 10 years, and landflooding from the natural overflow of a
httpthat contributes to flood water storage,closed basin lake or pothole. [Sec. 2203]
flow, or erosion control. [Sec. 2102(c)] Adds terms tomeet habitat needs of
specific wildlife species.” [Sec. 2204]
the FSA, as amended,Expands ineligible lands to includeNo comparable provision.Expands ineligible lands to include
tifies ineligible land to include landsfloodplains where restoration practicesfarmed wetland or converted wetland,
eady planted to timber in the CRP. [16would not be productive or the land istogether with the adjacent land that is
S.C. 3837e]already protected. [Sec. 2102(d)]functionally dependent on the wetlands,
except wetlands converted before
December 23, 1985. [Sec. 2203]
(f) of the FSA, as amended,Limits compensation to lowest of 4Limits compensation to lowest of 3Adopts House provision with changes,
compensation to be paid in cash (inoptions: percentage of the fair marketoptions: an amount necessary torevising the process for determining the
ments) and not to exceed thevalue; percentage of market valueencourage enrollment; a limit for avalue of easements and contracts by
arket value, as reduced by thedetermined by a survey; a geographicgeographic area; or a landowner’s offer. requiring USDA to provide the lowest
ement. [16 U.S.C. 3837a(f)]cap; or a landowners offer. AllowsCompensation may be in 1 to 30amount of compensation based on a
USDA to use non-federal contributions topayments. [Sec. 2322(b)(3-4)]comparison of the fair market value of
administer program [Sec. 2102(e)]the land, a geographic cap, or an offer



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
made by the landowner. Provides that
easements with values less than $500,000
be paid out over 1-30 years; easements
with values greater than $500,000 are to
be paid out over 5-30 years. [Sec. 2208]
Provides for the repeal of payment
limitations (exception for State
agreements for new Wetlands Reserve
Enhancement Program. [Sec. 2209]
(c) of the FSA, as amended,Adds new additional criteria for rankingNo comparable provision.Adopts House provision. [Sec. 2207]
ree considerations USDA is to useoffers (conservation benefits; cost-
en considering offers for WRPeffectiveness; and offer of a financial
tracts. [16 U.S.C. 3837c(c)]contribution) and conservation benefits
of floodplain lands. [Sec. 2102(f)]
iki/CRS-RL34696(c)(4) of the FSA, asReplaces provision with a new languageAuthorizes a Wetlands ReserveAdopts Senate provision authorizing
g/wended, waives limits for public entitiesayments through the wetlandon Wetland Reserve Enhancementprogram, where states contribute funds soEnhancement Program (WREP). Makesa conforming change to allow paymentsWREP for agreements with States similarto CREP. Authorizes a Reserved Rights
s.ord environmental enhancementas to increase payments. [Sec. 2102(g)]for 30-year contracts. [Sec. 2322(c)]Pilot program. [Sec. 2205-2206]
leakrams. [16 U.S.C. d(c)(4)]
://wikiparable provision.No comparable provision.Requires a report to House and SenateAdopts Senate provision. [Sec. 2210]
httpAgriculture Committees by 1/1/2010 on
the implications of long-term easements
on USDA resources. [Sec. 2322(d)]
nservation Security Program
e 2002 farm bill amended the FSA toEstablishes a new CSP for FY2012-2017. Authorizes through FY2012 a new CSPDefines program terms for the new CSP.
lish the Conservation SecurityEligible producers must submit an offeras a conforming amendment, andAdopts elements of the Senate provision.
ram (CSP) for FY2003-11. Definesaddressingat least one priority resourcereauthorizes current CSP for existingExpands eligible lands to include
ible producers and eligible lands andof concern to a minimum level ofcontracts only. Future CSP contractsnonindustrial private forest land (limited
cluded lands (land enrolled inmanagement intensity.” Eligible landwould be replaced by a Comprehensiveto not more than 10% of total annual
ltiyear land retirement programs andexcludes incidental forest land. LimitsStewardship Incentives Programacres under the program). Permits 5-year
d not in crop production at least 4 ofprogram to one type of contract of 5consisting of a Conservation Stewardshipextension of contracts. Excludes under
g 6 years). Specifies termsyears; describes five elements to be in allProgram with similar provisions of thethe program, land used for cropland that
r 3 tiers of conservation contracts. contracts, but eliminates list of topics toexisting CSP and EQIP. Eligible landhad not been planted, considered to be
tifies topics that may be addressed inbe addressed. Prohibits termination ofmust have been planted to crops 4 ofplanted, or devoted to crop production
tracts. Contracts are 5 years under tiercontracts, without penalty, by a producerpreceding 6 years. Specifies contract arefor 4 of the 6 years prior to the date of
d 5 to 10 years under tiers 2 and 3.who is required to modify a contract.for 5 years, with renewal under certainenactment of the act (unless the land had



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ies circumstances and requirementsAllows contracts to be renewed for oneconditions. Allows for terminating andpreviously been enrolled in CRP; had
r modifying, terminating, and renewingadditional 5 year period. Adds newchanging contracts. Specifies how tobeen maintained in a long term crop
tracts. Contracts may be renewed forprovisions on evaluating offers fromevaluate contract offers, producer duties,rotation; or was incidental land needed
o 10 years. Defines 15 termsorganic producers. Defines twelve termsenhancement terms, and supple-mentalfor efficient operation). [Sec. 2301]
aining to the program. that are new terms or differ from priorpayments. Defines 15 terms. [Secs.
.S.C. 3838]law. [Sec. 2103(a)] 2391 and 2341]
1238A(d-3) of the FSA, asLimits program to 1 type of contract of 5Defines eligible land and eligibleAdopts Senate provision with
ended, specifies terms for 3 tiers ofyears and describes 5 elements to be inproducers; land must have been plantedmodifications. Authorizes supplemental
servation contracts. Identifies topicsall contracts, but eliminates list of topicsto crops 4 of preceding 6 years. Contentspayments for producers who adopt a
ay be addressed in contracts.to be addressed. Contracts could noof contracts are specified and are for 5beneficial crop rotation that provide
ntracts are 5 years under tier 1, and 5longer be terminated, without penalty, byyears, with renewal if certain conditionssignificant conservation benefits and are
ears under tiers 2 and 3. Specifiesa producer who is required to modify aare met. Specifies considerations innot limited to a particular crop, cropping
mstances and requirements forcontract. Contracts may be renewed forevaluating contract offers, producersystem, or region of the country. Allows
difying, terminating, and renewing1 additional 5 year period. Newduties, enhancement terms, andfor on-farm conservation research and
tracts. Contracts may be renewed forprovisions on evaluation of offers andsupplemental payments. Adds provisionsdemonstration activities and pilot-testing
iki/CRS-RL34696o 10 years [16 U.S.C. 3838a(d-e)]coordination with organic certificationon terminating and changing contracts. as part of contract offers. Allows for
g/ware added. [Sec. 2103(a)] [Sec. 2341] contract modification. [Sec 2301]
s.or of the FSA, as amended,Alters duties of the Secretary to includeAlters duties of the Secretary to allow forProvides that state acreage allocations be
leakecifies that duties of the Secretaryidentification of priority resources ofcontinuous enrollment (allowing abased on each state’s proportion of
://wikide making payments early in eachcal year, the components of paymentsconcern at the state level (limited to 5concerns in any geographic area of aproducer to apply at any time during theyear), providing assistance to producers,eligible acres to the total eligible acresnationwide (available to all producers,
httpr each tier, annual payment limits forstate). Limits total payments under aand maintaining contract and paymentnot only specific watersheds/geographic
tier ($20,000 for tier 1, $35,000 forcontract to $150,000 (5 years); allowsinformation that will support programregions), allowing for input from USDA.
r 2, and $45,000 for tier 3), minimumfor the environmental needs associatedmonitoring and evaluation, and enablingDirects USDA to adopt continuous
irements for practices, andwith agriculture to be considered in statespecialty crop producers to participate. enrollment, but allows for USDA to
uirements for implementingallocations; requires USDA to compileSpecifies an acreage allocation, limitingdetermine when to rank applications.
ations [16 U.S.C. 3838c]data of specified program contract andpayments to $240,000 (6-year). Directs USDA to provide technical
payment topics. [Sec. 2103 (a)][Secs. 2391 and 2341] assistance to specialty crop and organic
producers. Directs USDA to encourage
producers who are transitioning from
land retirement programs to enroll in
CSP and other working lands programs.
Limits payments to $200,000 in any 5-
year period. [Sec. 2301]
comparable provision.No comparable provision. Provides for enrollment of up to 79.628Deletes Senate provision. Enrolls an
million acres and attempted annualadditional 12.8 million acres annually
enrollment of 13.273 million acres,FY2008-2017. [Sec. 2301]


nationwide and at a average annual cost

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
of $19 per acre. Provides for small farm
participation, and allocates to each state
each year the lesser of 20,000 acres or
2.2% of the eligible land. [Sec. 2341]
comparable provision.No comparable provision.Requires regulations to be issued withinDeletes Senate provision. Directs USDA
180 days of enactment. [Sec. 2341]to promulgate regulations. [Sec. 2301]
the FSA, as amended,Prohibits any new contracts under theProhibits any new contracts under theAdopts Senate provision. The Manager’s
thorizes mandatory funding for theterms of the 2002 CSP, such that no newterms of the 2002 CSP, such that no newreport states that the bill provides for a
P at $1.954 billion for FY2006-10 andCSP contracts may be entered into afterCSP contracts may be entered into after$1.1 billion increase in budget authority
n from FY2006-15. [16October 1, 2007 (although payments mayOctober 1, 2007 (although payments mayabove current baseline (FY2008-2017).
S.C. 3841(a)(3)]be continued until contracts expire). Forbe continued until contracts expire).Provides such sums as necessary to carry
contracts signed before 10/1/07, providesAuthorizes $2.3 billion in mandatoryout existing CSP contracts. [Sec. 2701]
a total of $1.5 billion in mandatoryfunding for contracts entered into before
funding for FY2007-12, and $1.9 billionthe date of enactment, (available until
iki/CRS-RL34696for FY2012-17. For contract signed afterspent) and an unspecified amount for the
g/w10/1/11, provides $0.5 billion forFY2012 and $4.6 billion for FY2012-17. new CSP (enrollment in the new programis measured in acres rather than dollars).
s.or[Sec. 2401(b)][Sec. 2401(a)(3-4)]
leak
://wikivironmental Quality Incentives Program
httpe 1996 farm bill amended Sec. 1240 ofAdds forest management and organicAdds forest management to the statementAdds forest management to purposes,
to authorize EQIP, stating itstransition to the program purposes. of program purposes, and recognizesand adds language regarding forest lands
rpose as promoting production andRevises the descriptions of 2 of the 5pollinators and fuels management in theon EQIP program plan and duplication.
vironmental quality as compatiblepurposes to recognize energyamplifying statements. [Secs. 2351,[Secs. 2505-2506] Adopts the Senate
als, and optimizing environmentalconservation and conservation on forest2352, and 2354] Adds aquaculture to theprovisions with an amendment to modify
efits by working in 5 specified areas. lands. [Sec. 2105(a)] Adds forestry,eligible land” definition; forestry iseligible land. [Sec. 2502] Allows for
.S.C. 3839aa] Defines 6 terms:forest management practices, andadded to the “land managementtechnical assistance to farmers that
ginning farmer or rancher, eligiblecoordinated implementation to the “landpractice” definition; adds conservationpromote pollinator habitats, and farmers
, land management practice,management practice” definition. Addsplanning practices to “practices;” definestransitioning to organic farming, among
estock, practice, and structuralalpacas and bison to the “livestockproducer” to include custom feedingactivities. [Sec. 2501] Further clarifies
definition. Adds definitions ofbusinesses and contract growers; andduties of the Secretary. [Sec. 2507]
“integrated pest management andadds firebreaks tostructural practice.”
socially disadvantaged farmer or[Sec. 2352]
rancher. [Sec. 2105(b)]
c) of the FSA, as amended,Reauthorizes through FY2012. ExpandsReauthorizes through FY2012. ExpandsReauthorizes through FY2012. Limits
thorizes EQIP through FY2010. types of eligible practices to includepermitted practices to includepayments to 75% of costs. [Sec. 2503]
ible practices are defined. Contractsorganic certification using technicalconservation planning. Limits contractsLowers individual payment limits from



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ears. [16 U.S.C. 3839aa-services from approved providers, andto a maximum of 5 years. Removes$450,000 to $300,000 during any 6-year
improved energy efficiency, renewableprohibitions on bidding down. [Sec.period , except in cases of special
energy systems. [Sec. 2105(c)]2353(a-c)]environmental significance (including
projects involving methane digesters),
allowing USDA to raise the limit to not
more than $450,000. [Sec. 2508]
Directs USDA to develop criteria for
evaluating applications to address
national, State, and local conservation
priorities, allowing for prioritization and
grouping of applications based on cost-
effectiveness, how address the designated
resource concern(s), how best fulfills the
purpose of EQIP, and if improves conser-
vation practices or systems. [Sec. 2504]
iki/CRS-RL34696 the FSA, asSets the federal cost share at 90% forSets the federal cost share at 90% forAdopts Senate proposal. [Sec. 2503]
g/wended, allows limited resource andsocially disadvantaged producers.socially disadvantaged producers.
s.orinning producers to receive not moreProvides increased federal cost-share ofAllows for advanced payments to
leak a 90% federal cost share. [16 U.S.C.90% for using gasifier technology forcertain purposes. [Sec. 2105(d-e)]purchase materials and contracting. [Sec.2353(c)]
://wiki the FSA, as amended,Expands purposes for incentiveExpands purposes receiving specialAdopts House provision. [Secs. 2503.
httpovides incentive payments to performpayments: (1) receiving technicalemphasis to include predator species2706 and 2708] Includes special rule
d management practices, with specialservices from approved third partyprotected under the Endangered Speciesthat USDA may accord significance to
phasis given to practices that promoteproviders, (2) developing aAct, gray wolves, grizzly bears, andpractices promoting residue, nutrient, air
ecified goals. [16 U.S.C. 3839aa-2(e)]comprehensive nutrient managementblack bears. [Sec. 2353(c)(3)]quality, pest, and invasive species
plan, and (3) implementing energymanagement; pollinator habitat; and
efficiency and renewable energy animal carcass management technology.
projects. Pollinator habitats will receiveThe conference report recognizes as
special emphasis. [Sec. 2105(f)]consistent with the purposes of EQIP
options to deter predators protected by
the Endangered Species Act, and also
delisted populations.
) of the FSA, as amended,Extends through FY2012 the 60% ofSimilar to the House bill. Extends through FY2012 the 60% of
ires that 60% of payments go topayments to livestock production[Sec. 2353] payments to livestock production
actices related to livestock productionrequirement. [Sec. 2105(g)(2)]requirement. [Sec. 2503]


irement. [16 U.S.C. 3839aa-2(g)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision. Requires USDA to reserve at least 5% ofAmends the cost-share rate exception forAdopts Senate provision for advance
program funds for beginning and sociallybeginning and socially disadvantagedpayments for beginning, socially
disadvantaged producers for at least 90farmers or ranchers to allow variabledisadvantaged and limited resource
days after the program funds have beenpayment, not to exceed 90%, andfarmers or ranchers and deletes
made available. [Sec. 2105(g)]authority to provide advance paymentsSenate provision for guaranteed loan
up to 30% for the purchase of materialseligibility. Adopts Senate provision with
or contracting. [Sec. 2353] an amendment for cost-share rates and
advance payments for beginning, socially
disadvantaged, and limited resource
farmers or ranchers. [Sec. 2503]
comparable provision. No comparable provision.Gives priority to improving waterDeletes Senate provision.
conservation and air quality, under
certain conditions. Requires participants
to have/expect at least $15,000 in gross
sales from farming. [Sec. 2353(c)(6)]
iki/CRS-RL34696
g/w comparable provision. Expands eligibility to market agenciesand custom feeders. [Sec. 2105(h)]Expands ‘producer eligibility to includea custom feeding business and a contractAdopts Senate provision with anamendment to modify eligible land.
s.orgrower or finisher. [Sec. 2352] [Sec. 2502]
leak
://wiki of the FSA, as amended,es higher priority for participation inIdentifies 5 priorities for programapplications. Specifies a streamlinedAdds a higher priority for improvingconservation practices or systems inAdopts House provision with changes toprioritize State, regional, or local
http to producers using cost-effectiveevaluation process for operations withplace at the time of the contract offer.resource concerns, and to allow for the
servation practices and practices thatsubstantial and sound environmental[Sec. 2354]grouping of applications of similar
dress national conservation priorities. management systems involving a limitedagriculture operations. [Sec. 2502]
.S.C. 3839aa-3]number of practices. [Sec. 2105(i)]
the FSA, as amended,Adds to the planning requirements theIncludes forestry language similar toAdopts House forestry provision [Sec.
fines the general contents of aneed to be consistent with forest plans,House bill, but also allows a producer2502], but strikes Senate provision on
cer’s EQIP plan, and calls onand allows as an acceptable planorganization to act on behalf of itsproducer organizations.


to avoid duplication with otherconsideration of an air or water qualitymembership in submitting applications or
nservation plans. [16 U.S.C. 3839aa-5]permit that meet regulatory requirementsconducting similar activities to facilitate
as an acceptable plan. [Sec. 2105(k)]program participation. [Sec. 2356] Also
establishes a Chesapeake Bay Watershed
Conservation Program under EQIP to
assist producers in applying conservation
practices on agricultural/nonindustrial
private forestland in the Bay watershed to
address natural resource concerns related
to agriculture, funded at $165 million for

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
FY2008-12. [Sec. 2361]
of the FSA, as amended,Lists 3 criteria that must be met beforeNo comparable provision.Deletes House provision.
ovides for USDA funding, information,USDA can provide assistance for
d training to develop and implementpractices with a primary purpose of water
nservation plans. [16 U.S.C. 3839aa-6]conservation. [Sec. 2105 (l)]
of the FSA, as amended byAdds to the Conservation InnovationAdds to the Conservation InnovationAdopts House provisions related to forest
arm bill, provides for aGrants provisions under EQIP. Adds Grants provisions under EQIP. Addsresource management and air quality.
mpetitive grants program within EQIP,detail on qualities of eligible projects,nonindustrial private forest lands to theProvides $37.5 million annually
a matching basis, to implementestablishes a pilot program forlist of potential recipients of innovative(FY2009-2012) to implement air quality
vative conservation practices;conservation planning in the Chesapeaketechnologies. Adds two items to the listplans. [Sec. 2509] The conference
amples listed are using market systemsBay watershed, and adds a newof examples: (1) transfers of innovativereport states conservation programs
ollution reduction, and usingsubsection to assist producers who aretechnologies to nonindustrial privateshould recognize the use of innovative
ovative practices, such as storingmeeting state and local regulatory airforest land in production, and (2)technology such as enhanced efficiency
bon in soil; no funding is specified. quality requirements. Provides fundingassistance for specialty crop production.fertilizers.
iki/CRS-RL34696.S.C. 3839aa-8] from EQIP: $30 million (FY2008) rising[Sec. 2358]
g/wto $75 million (FY2012), with specifiedfunds for air quality and for organic and
s.orspecialty crop producers. [Sec. 2105(m)]
leak
://wiki the FSA, as amended byarm bill, creates a Ground andReplaces GSWCP with a Regional WaterEnhancement Program to address waterMaintains GSWCP and provides anincrease in funding from $60million toReplaces GSWCP with the AgriculturalWater Enhancement Program (AWEP)
httprface Water Conservation Programquality, make eligible governmental$65 million annually. Provides fundingunder EQIP. Provides mandatory
SWCP) within EQIP for activities thatentities (including irrigation and waterfor each state that received funding underfunding: $73 million annually (FY2009-
esult in a net savings of ground ordistricts) and Indian tribes, and tothe program in previous years (simple2010), $74 million (FY2011), and $60
rface water; lists 6 types of eligibleimplement program on a regional scaleaverage of funds provided for FY2002-million annually (FY2012 and each year
ities (improve irrigation systems, forthrough cooperative agreements. 2007 or the amount provided in 2007,thereafter). Recognizes the purpose as
ample), and provides mandatoryExpands the list of eligible activities andwhichever is greater), except for statesaddressing water quality/quantity
nding of $25 million in FY2002,requires the Secretary to identify priorityover the Ogallala Aquifer, which willconcerns on agricultural land, with the
owing to $60 million annually inareas. Lists 5 priority areas, whichreceive not less than the greater of $3role of AWEP partners as leveraging
2004-07. [16 U.S.C. 3839-aa-9]together may receive no more than 50%million or the average of funds providedfederal funds and encouraging producers
of the available funds. Establishes afor FY2002-2007. Provides at least $20to address these concerns. The Managers
process for soliciting/selecting proposalsmillion for the Eastern Snake Plainreport emphasizes the importance of
and developing implementationAquifer. [Sec. 2359]addressing groundwater management in
agreements. Provides mandatory fundsthe Ogallala region, promoting water use
of $60 million annually through FY2012efficiency projects, converting irrigated
(limits administrative expenses to nofarming operations to a dryland farming;
more than 3% of the total). [Sec. 2106] and providing assistance to construct
onfarm reservoirs/irrigation ponds in
drought-stricken areas. Identifies six



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
priority areas: The Eastern Snake Plain
Aquifer region, Puget Sound, the
Ogallala Aquifer, the Sacramento River
watershed, Upper Mississippi River
Basin, the Red River of the North Basin,
and the Everglades. [Sec. 2510] Follows
same payment limits as under EQIP.
[Sec. 2508] Provides for a transition
period for the existing GSWCP through
September 30, 2008. [Sec. 2903]
the FSA, as amendedLists the Klamath River basin as one ofNo comparable provision. Deletes House provision.
the 2002 farm bill, provides $50the 5 listed priority areas under the
n to carry out water conservationRegional Water Enhancement Program.(Note: The Klamath Basin is listed as 1 of
ities in the Klamath River basin[Sec. 2106 (b)(2)]14 priority areas in the Partnerships and
R, CA) [16 U.S.C. 3839aa-9(c)(2)]Cooperation Program; see above.)
iki/CRS-RL34696
g/w comparable provision. No comparable provision. Adds program at end of EQIP to assistfarmers who are converting to organicAdopts Senate provision. Includesorganic practices as eligible management
s.orproduction (with contracts of 3-4 years). systems and limits payment to an
leakPayments are limited to $20,000 per year.aggregate of $80,000 in any 6-year
://wiki[Sec. 2360] period. [Secs. 2501 and 2503]
http the FSA, as amended,Authorizes EQIP funding: $1.25 billionAuthorizes EQIP funding: $1.27 billionProvides additional budget authority.
thorizes EQIP funding, rising from(FY2008), $1.6 billion (FY2009), $1.7annually (FY2008-09), $1.3 billion eachAuthorizes EQIP funding: $1.2 billion
in FY2002 to $1.3 billion inbillion (FY2010), $1.8 billion (FY2011),(FY2010-FY2012). [Sec. 2401(a)(7)](FY2008); $1.337 billion (FY2009);
2010. [16 U.S.C. 3841(a)(6)]and $2 billion (FY2012). [Sec. 2401(d)] $1.45 billion (FY2012); $1.588 billion
(FY2011); and $1.75 billion (FY2012).
[Sec. 2701]
land Protection Program
e 1996 farm bill amended Sec. 1238HReauthorizes program, and renames toReauthorizes the program. ModifiesReauthorizes the program through 2012,
the FSA to authorize the FarmlandFarm and Ranchland Protection Programdefinition of eligible forest land, andbut does not rename program. Changes
otection Program (FPP), defining(FRPP). Expands eligible land definitionmakes eligible other land that is neededadministrative requirements, appraisal
ible entity, land, Indian tribes, andto include historic and archaeologicalfor efficient administration of anmethodology, and terms and conditions
rams. [16 U.S.C. 3838h-i] Theresources. States will be certifiedeasement. Changes purpose of programof cooperative agreements. Adopts
ram, as amended, provides for the(reviewed every 3 years) to participatefrom protecting topsoil toprotectingterms/conditions for cooperative
rchase of conservation easements toand receive program funds based on 4agricultural use and related conservationagreements similar to Senate provision.
otect topsoil by limiting the landslisted requirements. States may spend upvalues.” Adds new requirements forClarifies the purpose of the program as
nagricultural uses subject to a pendingto 10% of funds for administrative costs. cooperative agreements with participants,protecting land for agricultural use by



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
fer. The federal cost may not exceedLists terms and conditions for agreementscost-sharing, and protection of the federallimiting nonagri-cultural uses. Adopts
the value of the easement; thewith eligible entities (reviewed every 3investment. Allows USDA to enter intoSenate provision to modify the definition
lue of a charitable donation by theyears). Provides that USDA may requirecooperative agreements with eligibleof eligible land to include forestland and
ller may not exceed 25% of the valuea contingent right to enforce easement,entities under certain circumstances, andother land that contributes to the econo-
the easement. If multiple applicationsand requires the use of a conservationrequires the protection of federal invest-mic viability of an operation. Establishes
parable, USDA may not use costplan for highly erodible cropland. ment through an executory limitation. a certification process similar to the
ne to determine which ones will beRetains a federal contingent right ofLimits the amount USDA can share inHouse bill for all eligible entities. To
ed. enforcement or executory limitation in anthe costs of purchasing the easement tobecome certified, entities must have the
easement to ensure its enforcement. 50% of the appraised fair market valueauthority and resources to enforce
Provides cost-share assistance forand establishes minimum amountseasements, polices in place that are
purchasing an easement, but assistanceentities pay based on the amount ofconsistent with the purposes of the
may not exceed 50% of the appraised fairlandowner contributions. Requiresprogram, and clear procedures to protect
market value of the easement. The fairappraisals based on uniform standards ofthe integrity of the program. Includes a
market value is determined by anprofessional appraisal practice or anylimit on impervious surfaces consistent
appraisal using an industry-approvedother industry- approved standard. with agricultural activities, and clarifies
method. [Sec. 2110][Sec. 2371] agreement terms for certified and non-
iki/CRS-RL34696certified entities. [Sec. 2401-2402]
g/w
s.or the FSA, as amended,Mandatory funding for the renamed FarmMandatory funding for the FPP isProvides additional budget authority.
leakthorizes mandatory funding for theP at; $50 million in FY2002, $100and Ranchland Protection Program isauthorized at; $125 million in FY2008,authorized at $97 million annually fromFY2008 through FY2012. [Sec.Authorizes FPP funding: $97 million(FY2008); $121 million (FY2009);
://wiki in FY2003, $125 million ind FY2005, $100 million in$150 million in FY2009, $200 million inFY2010, $240 million in FY2011, and2401(a)(5)]$150 million (FY2010); $175 million(FY2011); and $200 million (FY2012).
httpd $97 million in FY2007. $280 million in FY2012. [Sec. 2401(c)][Sec. 2701]
.S.C. 3841(a)(4)]
assland Reserve Program
e 2002 farm bill amended Sec. 1238NSets the GRP enrollment ceiling at anAdds definitions: eligible entity, eligibleAdopts an acreage enrollment goal of an
the FSA to authorize the Grasslandsadditional 1.34 million acres, with at leastland, and permanent conservationadditional 1.22 million acres by 2012.
ve Program (GRP), setting60% of these acres to be enrolled usingeasement. Eligible entity and authorityIncludes 10-, 15-, and 20-year rental
ximum enrollment for at 2.0 million30 year rental agreements and easements.would allow for USDA to entercontracts and permanent easements.
(all enrolled parcels in at least 40[Sec. 2104(a) and (b)]cooperative agreements with entities toDeletes House priority for 60% of
tiguous acres). Requires 40% of landpurchase easements. Provides for GRPacreage in long term contracts; retains
rolled in 10-20 year, and 60% in 30enrollment options through a 30 yearlaw that 60% of funds would be
reements. [16 U.S.C. 3838n]contract, 30 year easement, anddedicated to easements, while 40% of
permanent easement. [Sec. 2381]funds would be dedicated to short term
contracts. Adopts Senate definition of
eligible entity, authority, and eligible
land (with technical corrections). Adopts
a priority for enrollment of CRP land



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
with a modification to clarify that the
priority applies upon expiration of the
CRP contract. [Sec. 2403]
comparable provision. Allows USDA to transfer certain landAllows USDA to transfer certain landAdopts House provision regarding the
currently in the CRP into the GRP, butcurrently in the CRP to be transferred tomethod for determining fair market value
limits the total in any calendar year to noa permanent easement under GRP, butwith a technical correction. [Sec. 2403]
more than 10% of GRP acres enrolled. limits the total transferred in any calendar
Requires USDA pay the lowest of fouryear to 10% of the total funding available
specified ways to calculate fair marketfor the GRP in that year. [Sec. 2381]
value. [Sec. 2104(c)]
of the FSA, as amended,No comparable provision.Specifies landowner duties and USDAAdopts Senate provisions with changes.
ecifies the duties and requirements ofconsiderations in evaluating offers. [Sec. 2403]
downers in the GRP, terms ofSpecifies how to determine compensation
ements and agreements, and howlevels and technical assistance. Specifies
iki/CRS-RL34696s are to be evaluated. [16terms/conditions that apply to GRP
g/wS.C. 3838o]contracts/easements, such as permittedand prohibited uses, minimum require-
s.orments for cooperative agreements, and
leakother considerations. [Sec. 2381]
://wikiparable provision.Authorizes a Grasslands ReserveNo comparable provision.Deletes House provision.
httpEnhancement Program. [Sec. 2104 (d)]
(a) of the FSA, as amended,Requires USDA to transfer the title of anProvides authority for USDA to enterAdopts the Senate amendment provision
ws USDA to transfer the title of aneasement to a private organizations or ainto cooperative agreements with eligiblefor cooperative agreements between
ement in the GRP to a state or privatestate. [Sec. 2104 (e)]entities for those entities to purchase,USDA and eligible entities with a
ganization. [16 U.S.C. 3838q(a)]own, enforce, and monitor easements. modification to the language specifying
[Sec. 2381]that eligible entities shall assume costs of
administering and enforcing easements.
Adopts a requirement for a contingent
right of enforcement. [Sec. 2403]
the FSA, as amended,No comparable provision. Total GRP funding limited to $240Deletes Senate provision.


its funding for the GRP to a total ofmillion for FY2008-12, with no acreage
illion from FY2003-07. [16 (Note: Sets acreage enrollment limit inenrollment limit. [Sec. 2401(a)(6]
S.C. 3841(a)(5)]GRP provisions, but no funding limit.)

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ildlife Habitat Incentives Program
e 1996 farm bill amended Sec. 1240NReauthorizes WHIP through FY2012;Reauthorizes WHIP through FY2012;Limits program eligibility to focus on
the FSA to authorize Wildlife Habitatallows additional funds to be used toincreases portion of funds for long-termlands ‘’for the development of wildlife
centives Program (WHIP), providingmeet regulatory requirements thatagreements from 15% to 25% of funding;habitat on private agricultural land,
t-sharing to landowners who improvereduces the economic scope of therequires USDA to give priority tononindustrial private forest land, and
bitat, with up to 15% of the total madeproducer’s operation;” increases portionprojects that foster the goals of state,tribal lands.” Raises limit on cost-share
ailable in any years for agreements thatof funds for long-term agreements fromregional, and national fish and wildlifepayments for long-term projects to 25%
ger than 15 years. 15% to 25% of funding. [Sec. 2112]conservation plans. [Sec. 2393]and limits total payments to $50,000 per
.S.C. 3839bb-1]year. Allows USDA to provide priority
to projects that address issues raised by
State, regional, and national conservation
initiatives. [Sec. 2602]
the FSA, as amended,Mandatory funding for WHIP isSimilar to the House bill.Reauthorizes program through FY2012 at
thorizes mandatory funding raisingauthorized at $85 million annually[Sec. 2401(a)(8)]current levels. [Sec. 2701]
iki/CRS-RL34696 $15 million to $60 million betweenthrough FY2012. [Sec. 2401(e)]
g/w04, and $85 million annuallyY2005-07). [16 U.S.C. 3841(a)(7)]
s.or
leaker Conservation Programs
://wikie 2002 farm bill amended the FSA toReauthorizes discretionary funding forReauthorizes discretionary funding forReauthorizes the program through 2012.
httpovide grants to implement a Farmprogram through FY2012. [Sec. 2111]program through FY2012. [Sec. 2396][Sec. 2402]
ility Program. Authorizes
ationssuch sums as are
cessary through FY2007. [16 U.S.C.
]
e 1996 farm bill amended Sec.Extends authorization of appropriationsExtends authorization of appropriationsExtends authorization of appropriations
the FSA to authorize thethrough FY2012. [Sec. 2108]through FY2012. [Sec. 2392]through FY2012. [Sec. 2601]
nservation of Private Grazing Land
ram. Authorizes appropriations of
illion annually through FY2007.
.S.C, 3839bb(e)]
e 2002 farm bill amended Sec. 1240OAuthorizes $20 million annually inAuthorizes $20 million annually inAdopts Senate provision. [Sec. 2603]


the FSA to authorize a Grassrootsdiscretionary funds (FY2008-12) anddiscretionary funding (FY2008-12).
urce Water Protection Program toone-time funding of $10 million in[Sec. 2394]
sist state rural water associations thatmandatory funding to remain available
erate wellhead and groundwateruntil spent. [Sec. 2107]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ection programs. Authorizes
propriations of $5 million annually
ough FY2007. [16 U.S.C. 3839bb-2]
e 2002 farm bill amended Sec. 1240PExtends authorization of appropriationsExtends authorization of appropriationsReauthorizes program, and authorizes $5
the FSA to authorize a Great Lakesthrough FY2012. [Sec. 2109]through FY2012; specifies program willmillion annually FY2008-2012.
ram for Soil Erosion and Sedimenthelp implement recommendations of a[Sec. 2604]
ntrol, and provides $5 millioncollaborative restoration strategy, giving
lly through FY2007. [16 U.S.C.priority to certain projects. [Sec. 2395].
the Federal CropAdds Hawaii and Virginia to the list ofReauthorizes the program throughAdopts House provision with changes to
surance Act authorizes an Agriculturaleligible states. Allocates 50% of funds toFY2012; adds Idaho to the list of eligibleinclude Hawaii as an eligible State.
anagement Assistance (AMA) programUSDAs NRCS; 10% to Agriculturalstates. [Sec. 2601]Provides an additional $25million in
r listed states that have historic lowMarketing Service (for organicmandatory funding (FY2008-2012).
rticipation rates in the Federal Cropcertification assistance); and 40% to the[Sec. 2801]
iki/CRS-RL34696surance Program. [7 U.S.C. 1524(b)]Risk Management Agency. [Sec. 2201]
g/w. 1528-1537 of the 1981 farm billAmends RC&D program to provide aSimilar to House provision, clarifyingAdopts Senate provision. [Sec. 2805]
s.orgriculture and Food Act of 1981, P.L.designated coordinator to assist eachthat an area plan must be developed
leak7) authorizes the Resourceapproved area. Eliminates requirementthrough a locally led process, and that the
://wikinservation and Development ProgramC&D) to develop and implement ato submit a program evaluation to theHouse and Senate Agricultureplanning process, and that the planningprocess must be conducted by a local
httpional plan to address conservation,Committees before June 30, 2005. council. Provides for a coordinator to
ter/land management, or community[Sec. 2202]improve technical assistance to councils,
elopment. [16 U.S.C. 1528-1527]as designated by USDA. [Sec. 2605]
) of the Watershed ProtectionAuthorizes $50 million annually inAuthorizes such sums as necessary inAdopts House provision and provides
d Flood Prevention Act (P.L. 106-472)mandatory funding (FY2009-12);discretionary funding annually (FY2008-$100 million in mandatory funding for
thorizes discretionary and mandatoryextends FY2007 discretionary funding12). [Sec. 2604]FY2009 to remain available until
ing for a Small Watershedlevel through FY2012. [Sec. 2203]expended. [Sec. 2803]
abilitation Program. [16 U.S.C. 1012]
e 2002 farm bill amended Sec.Annual funding for regional equity isAnnual funding for regional equity isAdopts Senate provision with changes.
the FSA to authorize araised to at least $15 million [Sec. 2404]raised to at least $15 million, and crop[Sec. 2703]


ram to promote regional equity,insurance payments are added to this
ing each state a total of at least $12calculation. Directs USDA to update
n annually from certain mandatorystate allocation formulas. [Sec. 2402]
rams. [16 U.S.C. 3841d]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e 2002 farm bill amended Sec. 1242 ofExpands use of third party providersExpands use of third party providersAdopts Senate provision with changes
to authorize delivery ofusing contracts. Specifies providersusing contracts. Directs USDA toregarding the delivery of technical
nical assistance directly or using ashould get at least prevailing marketdevelop national certification criteria andassistance. [Sec. 2706]
rd party provider and specifies howrates, calls for a review/update of allapprove established state standards.
iders are to be approved by USDA. technical assistance specifications,Provides funding through each
thorizes cooperative agreements withincluding the needs of specialty cropconservation program, specifies
n-federal entities to provide technicalproducers. [Sec. 2402] minimum and maximum contract terms,
sistance. [16 U.S.C. 3842]among other considerations. Includes
similar provisions for specialty crop
producers as the House bill. [Sec. 2404]
e 2002 farm bill amended Sec. 1244(a)Expands access to program incentives toRequires USDA to develop a streamlinedAdopts House provision with changes to
the FSA to authorize USDA to provideinclude socially disadvantaged andapplication process for conservationinclude certain acreage limitations and
entives to beginning farmers/rancherslimited resource farmers and ranchers. programs. Provides for Safe Harborexemptions, and also a pollinator
d Indian tribes to participate inRequires USDA to develop a streamlinedassurances to the landowner under theprotection provision. Requires USDA
nservation programs. [16 U.S.C.application process. [Sec. 2405] Endangered Species Act. Allowsreport to Congress on the completion of
iki/CRS-RL34696producers to apply for programs throughthe requirements not later than 1 year
g/wa producer organization. [Sec. 2405]after enactment. [Sec. 2708]
s.ore 1990 farm bill amended Sec. 1261Specifies STC have at least 12 producersAdds non-industrial private forest landAdopts House provision with changes to
leak the FSA to authorize state technicalrepresenting agriculture. Removesowners to the list of groups representedrequire USDA to develop standard
://wikimittees (STC), including membersd interests to be represented, outliningrequirement for persons knowledgeableabout conservation. Adds new provisionson the STC. Requires USDA to developstandard operating procedures to be usedcommittee operating procedures, updatesthe names of participating agencies, and
httpties, and specifying that committeescreating subcommittees issue areas.by the State technical committee in thedeletes the requirement for establishing
isory with no implementation orDescribes responsibilities in more generaldevelopment of technical guidelines forspecific issue-area subcommittees.
forcement authority. [16 U.S.C. 3861-terms. [Sec. 2408] the implementation of the conservationRequires that public notice be given for
provisions of this title. Makes local workmeetings of the State technical committee
groups subcommittees of the Stateand adds local working groups as
technical committee. [Sec. 2501] subcommittees. Deletes the requirement
for establishing specific issue-area
subcommittees. [Sec. 2711]
e 1996 farm bill amended Sec. 351 ofNo comparable provision.Amends numerous provisions authorizingDeletes Senate provision.


to authorize a National Naturalthe Foundation. [Sec. 2606]
sources Conservation Foundation to
rivate funds that will be used to
ote conservation. Program has
ver been implemented. [16 U.S.C.

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e 2002 farm bill amended Sec. 2507 ofNo comparable provision.Amends the desert terminal lakesAdopts Senate provision with changes.
to authorize USDA to transferprovision to allow funds to be used toProvides $175 million in mandatory
illion of CCC funds to the Bureaulease water or to purchase land andfunding. [Sec. 2807]
Reclamation for water to at-riskrelated interests in the Walker River
tural desert terminal lakes. [43 U.S.C.Basin. [2607]
ote]
w Conservation Programs
comparable provision.Authorizes a new Chesapeake BayNo comparable provision. Adopts House provision with changes.
Program for Nutrient Reduction andRenames program Chesapeake Bay
Sediment Control to carry out restoration,(Note: The Chesapeake Bay program isWatershed Program. Applies to all
enhancement, and preservation projects. authorized as a part of EQIP.)tributaries, backwaters, and side
Identifies four specified watersheds. Thechannels, including watersheds, draining
non-federal cost share for each projectinto the Chesapeake Bay, but gives
will be at least 35%, but will not exceedpriority to the Susquehanna, Shenandoah,
iki/CRS-RL34696$5 million. Sets mandatory funding atPotomac, and Patuxent Rivers. Provides
g/w$10 million (FY2008), rising to $55million (FY2012). [Sec. 2301] mandatory funds of $23 million(FY2009); $43 million (FY2010); $72
s.ormillion (FY2011); and $50 million
leak(FY2012). [Sec. 2605]
://wikiparable provision.The so-called “Open Fields” provisionSimilar to the House bill, and includes aAdopts Senate provision with an
httpauthorizes state grants through a newpriority to States where the location ofamendment, providing $50 million in
Voluntary Public Access and Habitatparticipating lands would be available tomandatory funds for the period FY2009-
Incentive Program to encourage land-the public and provides $20 million per2012. Includes a 25% reduction for the
owners to provide public access foryear in mandatory funding annuallytotal grant amount if the opening dates
wildlife-dependent recreation. Sets(FY2008-2012). [Sec. 2399 and Sec.for migratory bird hunting in the State
application contents and award priorities. 2401(a)(9)] are not consistent for residents and
Authorizes discretionary funding of $20non-residents. [Sec. 2606]
million annually through FY2012.
[Sec. 2303]
parable provision.No comparable provision.Creates a new Conservation AccessAdopts Senate provision with changes.
program, requiring 10% of the funds (orProvides that 5% of CSP acres and 5% of
acres in the cases of WRP and CRP) beEQIP funds be used to assist beginning
used to assist beginning and sociallyfarmers or ranchers, and an additional 5%
disadvantaged farmers and ranchers withof each to assist socially disadvantaged
annual gross sales of $15,000 or more.farmers or ranchers. [Sec. 2704]


[Sec. 2403]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision.Authorizes a new Muck Soils Conser-No comparable provision.Deletes provision.
vation Program for eligible land, defined
by five characteristics. Authorizes
appropriations of $50 million annually
through FY2012, with payments between
$300-$500 per acre. [Sec. 2303]
parable provision. Authorizes new payment limits, deletingNo comparable provision.Deletes provision. Places payment limits
existing conservation payment limitwithin each section of the bill and deletes
te: The 2002 farm bill limited CRPlanguage. Limits annual payments tothis section.
ments to $50,000 per year, set$60,000 for any single program; limits
ment limits for each of 3 tiers in thetotal payments to $125,000 under all
, and limited EQIP payments toconservation (except WRP, FRPP, GRP).
or all contracts in any 6-yearDefines how payments should be
od. [16 U.S.C. 3834, 3838c, andattributed to individuals. [Sec. 2409]
iki/CRS-RL34696
g/w comparable provision.Requires USDA to submit an annualreport on specialty crop producerNo comparable provision. Deletes provision. The managers reportstates it has modified the compliance and
s.orparticipation in conservation programs,performance provisions of Section 1244
leakincluding how to improve producerof FSA to accommodate the intent of the
://wikiprogram access. [Sec. 2406]House bill.
http comparable provision.Authorizes a new provision to developAuthorizes a new provision to developAdopts House provision with changes.
agriculture and forestry based agriculture and forestry based Directs USDA to work in consultation
environmental services to promoteenvironmental service markets, giving with other federal and state government
market-based conservation. Specifies usepriority to developing carbon storage. agencies, nongovernmental interests and
of USDA-funded research, contracts, andDirects USDA to use a collaborativeother interested persons, as determined
award grants. Establishes a USDA-ledprocess with specified government andby USDA, to establish technical guide-
Environmental Services Standards Boardnon-government interests to develop alines for measuring environmental
of senior federal officials to facilitate theframework and identifies relevantservices and to establish a verification
development of credit markets andframework components (quantification,process (allowing for consideration of
disseminate performance standards toaccounting, and verification). Requiresthird party verifiers). Directs USDA to
federal agencies. Authorizes $50 millionthree reports to Congress. Authorizesfocus initially on carbon markets. Does
in discretionary funding, withdiscretionary funding of “such sums asnot authorize funds, expecting USDA to
appropriated amounts to remain availableare necessary.” [Sec. 2406] use available resources. [Sec. 2709]
until spent. [Sec. 2407]
comparable provision.Adds income from affiliated packing andNo comparable provision.Deletes provision.


handling operations to definition of farm
income when calculating adjusted gross

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
income limitation to determine eligibility
for conservation programs. [Sec. 2501]
comparable provision.Allows USDA to encourage developmentNo comparable provision.Deletes provision.
of voluntary sustainable practices for
specialty crops. [Sec. 2502]
comparable provision.Requires USDA to develop informationNo comparable provision.Deletes provision.
on the importance of productive farmland
and designate at least one farmland
information center to distribute this and
related information. Specifies federal
matching funds of at least $400,000 (not
exceeding 0.5% of the amount provided
to implement the FRPP). [Sec. 2503]
iki/CRS-RL34696 comparable provision.Requires USDA to contract with a peanutproducer for a 4 year crop rotation;Similar to House provision, but providedwithin CSP, directing USDA to provideAdopts Senate provision. [Sec. 2301]
g/wauthorizes appropriations up to $10additional payments to producers who
s.ormillion annually (FY2008-FY2012). agree to adopt resource-conserving crop
leak[Sec. 2504]rotations to achieve optimal crop
://wikirotations. [Sec. 2341]
httpparable provision. See Section 2103 on the ConservationAuthorizes a new ComprehensiveDeletes Senate provision. Renames CSP
Security Program (described above), forStewardship Incentives Program tothe Conservation Stewardship Program.
te: See the Conservation Securitysome related changes. For example, thecoordinate administration of a new[Sec. 2301]
ram, above, in existing programs.)House bill defines “priority resources ofConservation Stewardship Program (see
concern;” however, the House bill doesabove) and EQIP. Addresses defined
not create a new program. resource concerns, meets regulatory
demands, encourages conservation, and
promotes conservation and production as
compatible goals. [Sec. 2341]
parable provision.No comparable provision.Authorizes a Discovery WatershedDeletes provision.


Demonstration Program to reduce loss of
nutrients into surface waters in 30 small
watersheds in the Upper Mississippi
River basin. Authorizes discretionary
funds as are necessary. [Sec. 2397]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
parable provision.No comparable provision.Authorizes an Emergency LandscapeDeletes provision.
Restoration Program to repair landscapes
damaged by natural events. Replaces
two others emergency conservation and
watershed programs. [Sec. 2398]
parable provision.No comparable provision.Directs USDA to assist producers whoDeletes provision. Places payment limits
apply for programs indirectly throughwithin each section of the bill and deletes
certain organizations, if this will increasethis section.
participation and program benefits;
payment limits apply to each producer,
not the organization. [Sec. 2405]
parable provision.No comparable provision.Authorizes a new AgricultureAdopts Senate provision, but limits
Conservation Experienced Serviceindividuals employed under this authority
Program, such that USDA can enter intoto providing only technical assistance
iki/CRS-RL34696agreements with organizations to provide(excluding administrative tasks).
g/wtechnical assistance using qualifiedindividuals 55 years or older. [Sec. 2602][Sec. 2710]
s.or
leak comparable provision.No comparable provision.Amends the Soil Conservation andAdopts Senate provision. [Sec. 2802]
://wikiDomestic Allotment Act of 1935 byproviding definitions and creates new
httptechnical assistance provisions.
Reauthorizes the Soil and Water
Resources Conservation Act of 1977
through 2028; requires a national
appraisal of soil, water and related
resources to be issued every 10 years.
[Sec. 2603]
parable provision.The “sodsaver” provision noncroplandMakes native sods planted to an insurableMakes native sods planted to an insurable
(including native grassland andcrop (over 5 acres) ineligible for cropcrop (over 5 acres) ineligible for crop
pastureland) planted to an insurable cropinsurance and the noninsured cropinsurance and the noninsured crop
ineligible for crop insurance for the firstdisaster assistance program. Directsdisaster assistance program for the first 5
4 years of planting. [Sec. 11007]USDA to report within 180 days ofyears of planting. May apply to virgin
enactment, and annually thereafter, onprairie converted to cropland in the
changes in cropland acreage, by county,Prairie Pothole National Priority Area, if
since 1995. [Sec. 2608]elected by the state. [Sec. 12020]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision.No comparable provision.Requires that no producers in Texas loseAdopts Senate provision. [Sec. 2901]
program benefits as a result of
participating in a study of the Ogallala
Aquifer’s recharge potential. [Sec. 2609]
comparable provision.No comparable provision.Amends the Federal Insecticide,Adopts the Senate provision on payment
Fungicide, and Rodenticide Act (FIFRA)of expenses. [Sec. 14209] Deletes Senate
[7 U.S.C. 136o(d)] to require the Stateprovision making technical corrections to
Department to pay expenses incurred bypesticide registration, but includes a
EPA employees associated with certaincontainer recycling provision.
international activities. [Sec. 2610] [Sec. 14109]
Amends Sec. 33 of FIFRA [7 U.S.C.
136w-8] to allow the EPA Administrator
to waive a portion of the pesticide
registration service fee under certain
circumstances. [Sec. 2612]
iki/CRS-RL34696
g/w the Colorado Riverlinity Control Act of 1974 authorizesNo comparable provision.Amends the act to create a basin statesprogram implementing specified salinityAdopts Senate provision. The Mangersreport states this provision to be fiscally
s.or to construct, operate, and maintaincontrol activities. Requires DOI toneutral both as to appropriations and as to
leakecific salinity control units as theconsult with the Colorado River Basindraws on the basin funds. States there
://wikie of the Colorado Riversin salinity control program. [43Salinity Control Advisory Council relatedto assistance in the form of grants, grantare no changes to the cost share ratiosalready established in the act; the
httpS.C. 1592(a)]commitments, or the advancement ofpercentage split between the two funds;
funds to federal or non-federal entities. or the 15% cap requirement on the basin
Requires a planning report to Congressstates cost share derived from the Upper
describing the proposed programColorado River Basin Fund. [Sec. 2806]
implementation; stipulates that no funds
may be expended until 30 days after the
report is submitted. [Sec. 2611]
parable provision.No comparable provision.No comparable provision.Authorizes USDA to accept contributions
to support conservation programs to
establish a sub-account for each USDA
conservation program to accept contri-
butions of non-Federal funds. Provides
that contributions of non- Federal funds
received for a conservation program be
deposited and shall be available to
USDA, without further appropriation and
until expended. [Sec. 2702]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision.No comparable provision.No comparable provision.Direct USDA to submit to Congress an
annual report regarding enrollments and
assistance under conservation programs,
including (1) WRP, FPP, and GRP
payments valued at $250,000 or greater;
(2) EQIP payments for land determined
to have special environmental signifi-
cance; and (3) AWEP payments subject
to the waiver of adjusted gross income
limitations. Allows for waivers granted
by USDA to protect environmentally
sensitive land of special significance.
[Sec. 2705]
parable provision.No comparable provision.No comparable provision.Amends the Soil and Water Resources
Conservation Act of 1977 to require
iki/CRS-RL34696USDA to conduct two comprehensive
g/wappraisals and inventory of soil, water,
s.orand related natural resource conservation
leak(completed by year-end 2010 and 2015). Requires a report in early 2012 on the
://wikitypes of improvements to appraisals andprograms. [Sec. 2804]
http
parable provision.No comparable provision.No comparable provision.Other miscellaneous provisions:
Names the National Plant Materials
Center at Beltsville, MD, in honor
of Norman A. Berg. [Sec. 2902]
Directs USDA, in consultation with
the CCC, to promulgate regulations
not later than 90 days after the date
of enactment, necessary to
implement title II. [Sec. 2904]
TLE III: AGRICULTURAL TRADE AND AID
. 480 Food Aid
e Agricultural Trade Development andNo comparable provision.Renames the law the “Food for PeaceAdopts Senate provisions.
sistance Act of 1954 [7 U.S.C. 1691a],Act. Deletes language making[Secs. 3001-3003]


amended, authorizes the use of U.S.expansion of U.S. agricultural exports an

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ricultural commodities and localobjective of the program. Replaces the
rrencies to combat world hunger andSense of Congress with language stating
lnutrition; promote sustainablethat, in negotiations, the President shall
velopment; expand international trade;seek higher levels of food aid to meet
elop and expand markets for U.S.legitimate needs of developing countries;
ricultural exports; foster developmentensure that nongovernmental
private enterprise and democraticorganizations, recipient governments, and
rticipation in developing countries; andinternational organizations continue to be
ent conflicts. Declares the Sense ofeligible to receive food aid resources and
ngress that the President shouldto implement programs; and options for
sultations with other food aidproviding food aid shall not be subject to
ors to consider appropriate food aidlimitation with respect to in-kind
els to meet needs of developingcommodities, funds for commodity
ntries, and that the U.S. shouldprocurement, and monetization, under
e its food aid contribution. certain conditions. [Secs. 3001-3003]
iki/CRS-RL34696ade and Development Assistance (P.L.Makes no changes in P.L. 480 Title I.Renames Title I “Economic AssistanceAdopts Senate provision.
g/witle I) provides for concessionaland Food Security.” [Sec. 3004] Makes[Sec. 3004]
s.orancing , i.e., long-term, low-interestimproving trade capacity of the recipient
leakns to developing countries to purchasericultural commodities. [7 U.S.C.country an activity that can be supportedby local currency payments for P.L. 480
://wikiTitle I loans.
httpergency and Private AssistanceReauthorizes through FY2012, withReauthorizes through FY2012, withReauthorizes through FY2012, with
ograms (P.L. 480 Title II) provide U.S.changes as outlined below.changes as outlined below.changes as outlined below.
ricultural commodities for emergency
d nonemergency assistance.
ovides that private voluntaryProvides that not less than 7% and notProvides not less than 7.5% of total fundsProvides that the share of Title funds that
anizations and cooperatives that carrymore than 12% of funds available forbe available from all sources to supportcan be used for administrative and
t Title II programs may receive not lessTitle II for support of eligibleeligible organizations. Inserts languagedistribution expenses will be from 7.5%
5% nor more than 10% of availableorganizations. Funds may also be usedonmeeting specific administrative,to 13%. [Sec. 3008]
s (for establishing new programs orfor “developing, implementing andmanagement, personnel, programmatic,
g other administrative directives). improving monitoring systems ofand operational activities, and internal
.S.C. 1722(e)(1)]program receiving funds” under Title II.transportation and distribution costs” for
[Secs. 3001(b)(1)and (b)(4)]new and existing programs in foreign
countries. [Sec. 3008(2)(A)(ii)]
comparable provision.No comparable provision.Authorizes the USAID Administrator toAuthorizes $4.5 million for fiscal years
use funds to assess the types and quality2009-2011 to be used to study and
of agricultural commodities used for foodimprove food aid quality. [Sec. 3008]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
aid, and to adust products and
formulations to meet nutrient needs of
target populations. [Sec. 3008 (3)(h)]
ovisions regarding Private VoluntaryNo comparable provision.Provides for the inclusion of activitiesMaintains monetization uses as
ganizations (PVOs) and cooperativesinvolving micro-enterprise and villageprescribed in 7 U.S.C.1723. [Sec. 3009]
w for the sale or barter of Title IIbanking as an authorized use of Title II
modities by PVOs and coops. Sec.monetization (sales) proceeds.
lows for the monetization (sale) of[Sec. 3009]
t less than 15% of the total of all
mmodities distributed each fiscal year
er non-emergency programs.
oceeds can be used for certain
ecified purposes. [7 U.S.C. 1723]
make 2.5 mmt of commoditiesExtends authorized levels of assistanceSimilar to the House bill. [Sec. 3010]Adopts House bill. [Sec. 3010]
iki/CRS-RL34696ailable annually through FY2007. Ofthrough FY2012. [Sec. 3001(d)]
g/w amount, a minimum of 1.875 mmt ofmmodities is available for non-
s.orergency programs annually through
leak2007 (and may be waived under
://wiki circumstances only)..S.C. 1724]
http
e Food Aid Consultative Group (FAC)Extends FAC through FY2012 andExtends FAC through FY2012. AddsExtends the FAC through FY2012 and
posed of the Administrator ofrequires USAID, in close consultationrepresentatives of the maritimerequires that a representative of the
ID, the Secretary of Agriculture, andwith the FAC, to submit a report totransportation sector involved in overseasmaritime transportation sector be
entatives of PVOs, coops,certain congressional committees onshipping of commodities to the memberincluded in the Group. [Sec. 3011]
igenous NGOs in recipient countries,efforts to achieve an integrated andlist. Requires biannual consultations
d U.S. producer groups, who revieweffective food assistance program. [Sec.between USAID and the FAC, and
erall program effectiveness.3001(f)]requires FAC consultations on issuing
.S.C. 1725] draft regulations. [Sec. 3011]
I program administration providesProvides for program oversight,Adds language allowing for payment toAdopts the House language to require
r various administrative proceduresmonitoring, and evaluation, and requiresthe World Food Program for indirectspecific oversight, monitoring and
ding identification of developingthat systems be established to accomplishsupport costs of donated commodities,assessment activities and provides up to
ntry recipients, deadlines for USAIDthese tasks. Requires an implementationalong with a report to the relevant$22 million of Title II funds for
ce (or rejection) of a proposal,report be prepared, to be reviewed bycongressional committees on suchmonitoring and assessment activities for
ecifying reasons for denial ofGAO, along with annual reporting. payments. Clarifies the authority to paynon-emergency programs. No more than
als, issuance of regulations, andAuthorizes appropriations up to $15indirect costs associated with funds$8 million of these funds may be used for
ines for submission of commoditymillion of funds be made availablereceived or generated for programs tothe Famine Early Warning System



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ders. Requires the Administrator toannually (FY2008-12). RequiresPVOs and coops, and requires thatNetwork. Provides $2.5 million (of the
December 1 each year toprocedures be developed for providingproject reports be submitted in a form$22 million) to upgrade information
evant committees on program,commodities overseas in a timely mannerthat can be readily displayed for publictechnology systems in FY2009 to
untries, and commodities approved toand according to delivery schedules. use on the USAID website. [Sec. 3012]enhance monitoring of Title II non-
te and on the total amount of fundsChanges the date of the required programemergency programs. [Sec. 3012]
ed for transportation andreports, among other changes.
inistrative costs. [7 U.S.C. 1726a] [Sec. 3001 (g)]
ovisions on assistance for stockpilingReauthorizes program and increasesReauthorizes program and increasesAdopts Senate provision, increasing the
d rapid transportation, delivery, andappropriations authority from $3 millionappropriations authority from $3 millionlevel that can be appropriated to assist in
tribution of shelf-stable prepackagedto $7 million annually for FY2008-12.to $8 million annually (FY2008-12).developing shelf-stable, pre-packaged
. Authorizes appropriated grants at[Sec. 3001(h)][Sec. 3013]foods for food aid programs to $8 million
million annually. [7 U.S.C. 1726b]annually. [Sec. 3013]
comparable provision.Authorizes to be appropriated not lessEstablishes a pilot program for local andEstablishes a pilot program for local and
than $40 million to carry out Sec. 491 ofregional purchase of commodities forregional purchase of commodities for
iki/CRS-RL34696the Foreign Assistance Act of 1961 (22emergency food aid. Authorizesfamine prevention to be conducted by
g/wU.S.C.2292) to provide for famineprevention and relief. [Sec. 3016]appropriations of $25 million annuallyfor FY2009-12. [Sec. 3014]USDA with $60 million in mandatoryfunding (FY2009-2012). [Sec. 3206]
s.or
leakovisions on commodity determinationsNo comparable provision.Strikes the requirement that a USDAAdopts Senate provision. [Sec. 3014]
://wiki.S.C. 1731] establish criteria foribility of commodities for disposition.determination of domestic supply needsbe made before a commodity is available
httpfor food aid. [Sec. 3015]
ovisions on the use of the CCC lists theNo comparable provision.Adds costs incurred to improve food aidAdopts Senate provision. [Sec. 3016]
penses that may be covered by thequality to the list of expenses that can be
arrying out food aid programs.covered by CCC through advanced
.S.C. 1736] appropriations acts. [Sec. 3016]
ovisions regarding prepositioningExtends authorization for prepositioningExtends authorization for prepositioningAdopts Senate provision, but increases
thorize USAID to use Title II (andthrough FY2012. Increases the limit thatthrough FY2012. Increases cap on fundsfunding to $10 million and adds House
II) funds to procure transport, andmay be used to preposition commoditiesavailable for prepositioning from $2language on studying additional
re commodities for prepositioningfrom $2 million to $8 million. Authorizesmillion to $4 million, among otherprepositioning sites. [Sec. 3017 and Sec.
ited to $2 million). [7 U.S.C.assessment and possible establishment ofrequirements for non-emergency3018(a)]
additional prepositioning sites. [Sec.assistance agreements. [Sec. 3017(1)]
3001 (I)]
l reporting requirements specifyChanges the annual report submissionChanges the date of report submissionThe conference report consolidates a
t an annual report on P.L. 480 food aiddate from January 15 to March 1. from January 15 to April 1 each year, andnumber of reporting requirements and
ograms be submitted by January 15 ofRequires an assessment on the progressrequires its distribution to the public bydate changes from both House and



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
year to the relevant congressionalto reduce food insecurity in countrieselectronic and other means.Senate bills. [Sec. 3018]
mittees.receiving U.S. assistance. [Sec. 3001(j)] [Sec. 3017(2)]
thority to enter into new P.L. 480Extends the authority to enter into P.L.Similar to the House bill. [Sec. 3018]Adopts House provision. [Sec. 3020]
eements provided through December480 agreements to December 31, 2012.
[Sec. 408, 7 U.S.C. 1736b][Sec. 3001(k)]
thorizes to be appropriated such sumsAuthorizes appropriations of such sumsReauthorizes discretionary appropriationsAdopts House provision. [Sec. 3020]
may be necessary to carry out P.L. 480as may be necessary for Title I and IIIfor P.L. 480 programs and strikes
d programs. [7 U.S.C. 1736f]programs, and appropriations of $2.5authority to transfer funds between P.L.
billion for Title II emergency and non-480 Titles. [Sec. 3019]
emergency programs. [Sec. 3001(l)]
parable provision.Requires that non-emergency foodProvides that not less than $600 millionSpecifies funds for non-emergency food
assistance of not less than $450 millionbe available annually for FY2008-12 toaid: $375 million (FY2009), $400 million
be available for non-emergencyfor Title II non-emergency programs.(FY2010), $425 million (FY2011), and
iki/CRS-RL34696programs. [Sec. 3013][Sec. 3019(b)]$450 million (FY2012). Authority can bewaived only if the President determines
g/wthat an extraordinary food emergency
s.orexists, that resources from the Bill
leakEmerson Trust have been exhausted, and
://wikithe President has submitted a request foradditional appropriations to Congress
httpneeded. [Sec. 3022]
e Micronutrient Fortification ProgramExtends authorization for the programReauthorizes the program throughAdopts Senate provision.
lishes a micro-nutrient fortificationthrough December 31, 2012, and amendsDecember 31, 2012. Adds new authority[Sec. 3023]
ram in food aid recipient countriespurposes. [Sec. 3001(m)]to improve food quality, safety, and other
ough year-end 2007. [7 U.S.C. 1736g-aspects. Eliminates limitation to five
countries. [Sec. 3020]
e John Ogonowski and Doug BerueterProvides minimum program funding ofExtends program through 2012.
er-to-Farmer Program authorizes$10 million. Authorizes appropriations[Sec. 3022]Adopts House provision.
luntary technical assistance to raiseof $10 million to carry out the program in[Sec. 3024]


production/incomes in developingSub-Saharan African and Caribbean
d middle income countries, emergingBasin countries, and $5 million for all
rkets, and in Sub-Saharan Africa andother countries. [Sec. 3001(n)]
aribbean Basin. [7 U.S.C. 1737]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
er Food Aid Programs
e Food for Progress Act providesExtends program through 2012. Extends program through 2012. RaisesAdopts House provision and requires the
modities to support countries that[Sec. 3004]the cap on coverage of costs ofUSDA to establish a project in Malawi
ve made commitments to expand freetransporting commodities to $48 millionunder this program. [Sec. 3105]
terprise in their agricultural economies.annually (FY2009-10). [Sec. 3106]
.S.C. 1736o]
e McGovern-Dole International FoodExtends program through 2012. Extends program through 2012. Adopts Senate provision, except that it
r Education and Child NutritionAuthorizes USDA to carry out the[Sec. 3107]provides $84 million in mandatory funds
ogram makes available U.S.program, providing mandatory (CCC)for this program for FY2009, to be
ricultural commodities, financial andfunding as follows: $0 (FY2008); $140available until expended. [Sec. 3106]
nical assistance to carry out food formillion (FY2009); $170 million
ucation and child nutrition programs in(FY2010); $230 million (FY2011); $300
reign countries. Authorizes CCCmillion (FY2012); and $0 (FY2013).
nding of $100 million in FY2003 and[Sec. 3005]
iki/CRS-RL34696ch sums as may be necessary in
g/w2004-07. [7 U.S.C. 1736o-1]
s.ore Bill Emerson Humanitarian Trust Reauthorizes through 2012. [Sec. 3006]Reauthorizes through 2012 [Sec.Adopts Senate provision with the
leaklishes a reserve of up to 4 million3201(6)], with some changes includingfollowing modifications: removes the 4
://wikitric tons (mmt) of wheat, rice, cornd sorghum to meet emergency food(1) provides that the Trust can be held asa combination of cash and commoditiesmillion metric ton cap; does not allow forthe exchange of funds available under
http in developing countries when there(not to exceed 4 mmt.) [Sec. 3201(1)];Title II or the McGovern-Dole program;
nanticipated needs or when U.S.(2) allows the commodities in the Trustand does not require the transfer of
mestic supplies are short. The Trustto be exchanged for funds availableforegone storage charges into the Trust.
also hold cash. [7 U.S.C. 1736f-1under Title II or the McGovern-Dole[Sec. 3201]
te] Program, or for sale in the market (in
some cases) [Sec. 3201(2)]; (3) allows
the funds in the Trust to be invested in
low-risk short-term securities or
instruments; and (4) lists the rules for
the release of commodities or funds from
the Trust; defines emergency in cases of
release [Sec. 3201(3), (4)].
port Programs
port Credit Guarantees provide for theRepeals the supplier credit guaranteeSimilar to the House bill; also clarifiesAdopts Senate provision, but in lieu of
ment of credit made available toprogram and the intermediate credithow USDA should evaluate thereducing the term for short-term (GSM-
ance commercial sales of U.S.guarantee program. Lifts the 1%creditworthiness of participating102) guarantees beginning in FY2012, it



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ricultural commodities. [7 U.S.C.origination fee cap. Reduces the term ofcountries. Reduces the minimum volumeincludes a $40 million annual cap on the
short term credit guarantees to sixof guarantees annually from $5.5 billioncredit subsidy for the program, and
months starting in FY2008. [Sec. 3002]to $5 billion. [Sec. 3101]requires the CCC to make available each
year guarantees not more than the lesser
of $5.5 billion or the sum of guarantees
supported by $40 million in budget
authority plus the amount of guarantees
that the CCC can make available from
unobligated prior fiscal year balances.
[Sec. 3101]
e Market Access Program (MAP)Makes organic agricultural commoditiesMakes organic agricultural productsAdopts Senate provision, but maintains
ides for CCC funding of exporteligible for MAP promotions. Increaseseligible for CCC funds. Increasesfunding at the level of $200 million
rket development for U.S. agriculturalannual MAP funding from $200 millionfunding above baseline level of $200annually. [Sec. 3102]
mmodities by eligible trade organiza-(FY2007) to $225 million (FY2008-12).million by raising it $10 million annually
ns. Authorizes CCC funding of $200[Sec. 3003]until FY2011, with $200 million for
iki/CRS-RL34696n annually. [7 U.S.C. 5623] FY2012. [Sec. 3102].
g/wnical Assistance for Specialty CropsExtends authority for CCC funding ofExtends authority to use CCC funds forAdopts House provision with annual
s.orASC) authorizes USDA to addressTASC through FY2012. IncreasesTASC through FY20012 and increasesfunding ramped up to $9 million in
leakrriers prohibiting or threateningfunding from $2 million annually to $4funding by $19 million over the baselineFY2011 and FY2012. [Sec. 3203]
://wikiports of U.S. specialty crops. thorizes CCC funds of $2 millionmillion in FY2008, and rising to $10million in FY2011-12. [Sec. 3007]level. [Sec. 1835]
httplly (FY2002-07). [7 U.S.C. 5680]
comparable provision.Authorizes USDA to enhance U.S.No comparable provision.Deletes House provision.
participation in international standard-
setting bodies (e.g., Codex Alimentarius
Commission; International Plant
Protection Convention; and the World
Animal Health Organization).
Authorizes appropriations as necessary
for FY2007-12. [Sec. 3009]
reign Market Development CooperatorExtends through FY2012. [Sec.Adopts House provision. [Sec. 3104]


ogram (FMDP) requires USDA to3010]Increases mandatory funding for
tablish and carry out a program toFMDP from its current annual level of
intain and develop foreign markets for$34.5 million for FY2007 by $5 million
ricultural commodities andannually for FY2008-09, by $10 million
cts. [7 U.S.C. 5721]in FY2010. Reverts to baseline levels in
2011 and thereafter.

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e Emerging Markets Program (EMP)Reauthorizes through FY2012. Reauthorizes through FY2012. Adopts Senate provision. [Sec. 3201]
.S.C. 5622 note] promotes U.S.[Sec. 3011] [Sec. 3202 (1)] Permits waiving the
ricultural exports in emerging markets. requirement that U.S. goods be used in
thorizes direct credits or export creditthe construction of a facility, if such
arantees of not less that $1 billion forgoods are not available or their use is not
ports to emerging markets. Requires apracticable. Provides for a guarantee that
ion of export credit guarantees bethe term of the depreciation schedule for
de available to establish or improvethe facility will not exceed 20 years.
d services for U.S. products.[Sec. 3202(2)]
e Export Enhancement Program (EEP)Extends through FY2012. [Sec. 3012]Repeals authority for EEP. [Sec. 3103]Adopts Senate provision. [Sec. 3103]
ection 301, Agricultural Trade Act of
thorizes the CCC to encourage
f U.S. agricultural exports in
rld markets at competitive prices. The
ay pay a bonus to exporters in
iki/CRS-RL34696rkets where the competition is
g/wbsidized. [7 U.S.C. 5651]
s.orer Trade Provisions
leak
://wiki comparable provision.Requires USAID to contribute to theGlobal Crop Diversity Trust for germSimilar to the House bill. [Sec. 3021]Adopts House provision. [Sec. 3202]
httpplasm conservation (up to $60 million
over 5 years, but may not exceed one-
fourth of the total of funds contributed to
the Trust from all sources). [Sec. 3014]
comparable provision.Directs USAID and USDA to submit aNo comparable provision.Adopts House provision. [Sec. 3022]
report on efforts to improve planning for
food and transportation procurement,
including efforts to eliminate bunching of
food purchases. [Sec. 3015]
comparable provision.No comparable provision.Requires USDA, in cooperation with theAdopts Senate provision, modified to
Depart. of Labor, to develop standards toestablish a consultative group of
certify that U.S. agricultural importersinterested stakeholders changed with
were not produced with the use ofdeveloping recommendations and
abusive forms of child labor. [Sec. 3104]guidelines for monitoring and verifying
whether food products were made with
child labor. [Sec. 3104]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e Biotechnology and AgriculturalNo comparable provisionExtends authority through FY2012. Deletes provision.
ade Program [7 U.S.C. 5679] provides[Sec. 3203]
r a biotechnology and agricultural trade
ogram to remove, resolve, or mitigate
ntariff barriers on U.S. agricultural
mmodities produced through
echnology. Authorizes appropriations
$6 million annually (FY2002-07).
comparable provision.Authorizes USDA to provide technicalSimilar to the House bill. [Sec. 3204]Deletes House and Senate provision.
assistance to limited resource persons
that are involved in trade disputes.
Authorizes appropriations as necessary.
[Sec. 3008]
parable provision.No comparable provisionRequires the Secretary of Health andDeletes Senate provision.
iki/CRS-RL34696Human Services to report to Congress on
g/wthe importation and use of high proteinfood ingredients. [Sec. 3206]
s.or
leakion Regarding U.S.-Canada Softwood Lumber Agreement — see section on Forestry Programs (below)
://wikiTLE IV: NUTRITION
httpauthorizatio n
thorities in the Food Stamp Act andExtends all expired authorities in theExtends all significant expired authoritiesWith some exceptions, extends expired
er laws covered by the nutrition titleFood Stamp Act and other laws coveredin the (renamed) Food Stamp Act andauthorities in the (renamed) Food Stamp
nerally expired in FY2007. [7 U.S.C.by the nutrition title through FY2012.other laws covered by the nutrition titleAct and other laws covered by the
ote, 1431e(2), 2020(t), 2025(h),[Sec. 4016, 4019-4021, 4025, 4027,indefinitely, with the exception ofnutrition title through FY2012. Includes
4028, 4201, 4202, 4203] Policyfunding for community food projectsthose governing required funding or
ote, 7508(a)] amendments made in the House bill(extended through FY2012). [Sec. 4110,appropriations authorizations for the
generally are part of permanent law. 4701, 4801-4803] Policy amendmentsFood Stamp program (including grants
generally terminate with FY2012.for simplified application projects),
nutrition assistance block grants for
Puerto Rico and American Samoa, The
Emergency Food Assistance Program
(TEFAP), the Food Distribution Program
on Indian Reservations (FDPIR), the
Commodity Supplemental Food Program
(CSFP), and the Senior Farmers Market
Nutrition Program (SFMNP). Extends



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
other expired authorities indefinitely:
community food project grants, authority
to reduce federal payments for state food
stamp administrative costs, cash-payment
food stamp pilot projects, and grants for
employment/training programs for food
stamp recipients. [Sec. 4406] Policy
amendments generally are part of
permanent law, as in the House bill.
Stamp Program
e Food Stamp program is establishedRenames the Food Stamp program: theRenames the Food Stamp program: theRenames the Food Stamp program the
der the Food Stamp Act. [7 U.S.C.Secure Supplemental Nutrition Assis-Food and Nutrition Program.” RenamesSupplemental Nutrition Assistance
seq] tance Program (SSNAP). [Sec. 4001]the Food Stamp Act:The Food andProgram (SNAP). Renames the Food
Nutrition Act.” [Sec. 4001]Stamp Act “The Food and Nutrition
Act. [Sec. 4001]
iki/CRS-RL34696
g/w the Food Stamp Actecifies that when determining benefitsIncreases the minimum standarddeduction to $145 per month, annuallyIncreases the minimum standarddeduction to $140 per month, annuallyIncreases the minimum standarddeduction to $144 per month in FY2009,
s.ord, in some cases, judging incomeindexed to inflation beginning withindexed to inflation beginning withannually indexed to inflation beginning
leakibility, a standard portion of house-FY2009. Provides comparable increasesFY2009. Provides comparable increaseswith FY2010. Provides comparable
://wikilds’ monthly income be disregardedcted), as a “standard deduction.for Alaska, Hawaii, the Virgin Islands,and Guam. [Sec. 4006]for Alaska, Hawaii, the Virgin Islands,and Guam. [Sec. 4102]increases for Alaska, Hawaii, the VirginIslands, and Guam. [Sec. 4102]
httpe minimum standard deduction is $134
onth per household (with differing
ounts for Alaska, Hawaii, the Virgin
ds, and Guam). [7 U.S.C.

the Food Stamp ActRemoves the caps on dependent careSame as the House bill. [Sec. 4103]Removes the caps on dependent care
ecifies that when determining benefitsdeductions. [Sec. 4007]deductions, as in the House bill and
d, in some cases, judging incomeSenate amendment. [Sec. 4103]


ibility, dependent care expenses
to employment, training, or
cation be disregarded (deducted) from
usehold monthly income. This
ction is capped at $200 per month
r each dependent under age 2 and $175
onth for all other dependents. [7
S.C. 2014(e)(3)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
the Food Stamp Act sets theIncreases the minimum benefit to 10% ofSame as the House bill. [Sec. 4109]Increases the minimum benefit to 8% of
nimum benefit for households of onethe inflation-indexed cost of the “Thriftythe inflation-indexed cost of the “Thrifty
d two persons at $10 per month. [7Food Plan” (the maximum benefit) for aFood Plan” (the maximum benefit) for a
S.C. 2017(a)] one — person household. [Sec. 4013]one-person household. [Sec. 4107]
der terms stipulated in USDAPlaces into law an exclusion for combat-Same as the House bill. [Sec. 4101]Places into law an exclusion for combat-
ations acts since FY2005,related military pay. [Sec. 4005]related military pay, as in the House bill
mbat-related military pay is excludedand Senate amendment. [Sec. 4101]
household income when
termining eligibility and benefits.
t recently, the Consolidated
ations Act, 2008, P.L. 110-161.)
) of the Food Stamp ActIndexes to inflation the dollar limits onIncreases the dollar limits on assets toIndexes to inflation the dollar limits on
ecifies that eligible households liquidassets annually (adjusted to the nearest$3,500 ($4,500 for households with anassets annually (adjusted down to the
sets may not be more than $2,000 (or$100). [Sec. 4008]elderly/disabled member) and indexes tonearest $250) beginning with FY2009.
or a household with an elderly orinflation these dollar limits annually[Sec. 4104(a)]
iki/CRS-RL34696abled member). [7 U.S.C. 2014(g)] (adjusted down to the nearest $250).
g/w[Sec. 4104]
s.or) of the Food Stamp Act specifiesExcludes all tax-qualified retirementSame as the House bill. [Sec. 4104]Adopts House and Senate provision to
leakfering rules as to which types ofplans/accounts/savings and all tax-exclude all tax-qualified retirement
ent plans/accounts/savings arequalified education savings fromplans/accounts/savings and education
://wikicluded from countable liquid assets incountable liquid assets in judgingsavings from countable liquid assets in
httpging eligibility. No provision is madeeligibility. [Sec. 4009 & 4010.]judging eligibility. [Sec. 4104 (b) & (c)]
r excluding education savings. [7
S.C. 2014(g)]
the Food Stamp Act limitsNo comparable provision.Lengthens the basic eligibility period forDeletes Senate provision.
ibility of able-bodied adultsABAWDs to 6 months in every 36-
out dependents (ABAWDs) — whomonth period. Eliminates the current
(1) not working (20+ hours a week),provision extending eligibility for
) in an employment/training program,ABAWDs who subsequently fail to meet
n a workfare program to 3work/training tests. [Sec. 4107]
nths in every 36-month period.
AWDs who gain eligibility by
g one of the three above tests, but
fail to meet these tests, may remain
ible for an additional 3 consecutive
nths. [7 U.S.C. 2015(o)]
) of the Food Stamp Act allowsNo comparable provision.Adds permission for states to provideAdopts Senate provision to expand
provide eligibility for up to 5eligibility for up to 5 months transitionalpermission for states to provide



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
nths of transitional food assistancefood assistance benefits to householdstransitional benefits. [Sec. 4106]
efits to households that stop receivingwith children that cease to receive cash
funded cash aid under theaid under a state-funded public assistance
mporary Assistance for Needyprogram. [Sec. 4108]
ilies (TANF) program. [7 U.S.C.
)]
comparable provision.No comparable provision.Disqualifies persons found by a court orAdds new program disqualification rules,
administrative agency to haveas in the Senate amendment. [Sec. 4131]
intentionally (1) obtained cash by
misusing program benefits to obtain
money for the return of deposits on
containers or (2) sold food purchased
with program benefits. [Sec. 4305]
comparable provision.Bars those disqualified from the FoodSame as the House bill. [Sec. 4501]Adopts House and Senate provision to
Distribution Program on Indianbar those disqualified from the FDPIR
iki/CRS-RL34696Reservations (the FDPIR) from thefrom the (renamed) food stamp program.
g/w(renamed) food stamp program.[Sec. 4211]
s.or[Sec. 4004]
leak the Food Stamp Act specifiesNo comparable provision.Allows states to require periodic report-Adopts Senate provision to change
tates may require householdsing of changes in household circum-household reporting rules. [Sec. 4105]
://wikicept for migrant/seasonalstances (versus reporting changes when
httpworkers, the homeless, andthey occur) by migrant/ seasonal farm
y/disabled households with noworkers, the homeless, and elderly/
ed income) to file periodic reports ofdisabled households with no earned
usehold circumstances. Householdsincome. Limits the frequency that these
t required to file periodic reports musthouseholds must report changes (except
y changes in circumstanceschanges whereby they exceed monthly
en they occur. [7 U.S.C. 2015(c)] income eligibility limits). [Sec. 4105]
the Food Stamp ActLimits states’ ability toprivatize”No comparable provision.Deletes House provision.


ecifies that state “merit systemadministrative functions. Specifies only
ployees must certify householdsstate agency merit system employees are
ogram eligibility. [7 U.S.C. 2020(e)(6)]authorized to make eligibility
certifications or: (1) represent the state in
communications with client households
about their application/participation, (2)
participate in making any determinations
regarding a households substantive or
procedural compliance with program

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
requirements, or (3) make any other
required program determinations.
Exemptions include nonprofit agencies
assisting in outreach and contracts with
automated systems, benefit issuance
services, and program information
activities. Prohibits federal funds for any
contract that does not comply with these
requirements, and bars waivers of rules
that do not comply with requirements.
Allows use of employees not in
compliance with these requirements in
cases of disasters. [Sec. 4015]
parable provision.No comparable provision.Requires that USDA develop standardsAdopts Senate provision adding
for identifying major changes in staterequirements with regard to major
iki/CRS-RL34696agency administrative operations (e.g.,substantial increases in reliance onchanges in state agency administrativeoperations. [Sec. 4116]
g/wautomated systems or potential increases
s.orin administrative burdens on applicant/
leakrecipient households). If a state
implements a major change in operations,
://wikiit must notify USDA and collect any
httpinformation needed to identify/correct
any adverse effects on program integrity
or access. [Sec. 4211]
parable provision.No comparable provision.Requires that computerized systems forAdopts Senate provision adding
state program operations must (1) berequirements for computerized state
tested adequately before and aftersystems. [Sec. 4121]
implementation, and (2) be operated
under a plan for continuous updating (to
reflect changed policies/circumstances)
and testing (for effects on households and
payment accuracy). [Sec. 4212]
the Food Stamp ActPermits USDA to make a determinationSame as the House bill. [Sec.4301] Adopts House and Senate provision
ecifies that states must attempt tothat a state agency has over-issuedpermitting USDA to determine that a
er-issued benefits frombenefits to a substantial number ofstate has over-issued benefits because of
ts, unless the state agencyhouseholds because of a “major systemicmajor systemic error, to then prohibit the
monstrates that collection is not cost-error by the state. If this determinationstate from collecting resulting over-
ective. [7 U.S.C. 2022(b)] There isis made, USDA may (1) prohibit the stateissuances from recipients, and also to



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
specific provision for collection of theagency from collecting any resultingcollect the cost of over-issuances from
t of erroneously issued benefits fromover-issuances from recipients, and (2)the state. [Sec. 4133]
fers.collect the cost of the over-issuances
from the state. [Sec. 4018]
the Food Stamp Act specifiesIncreases the maximum money penalty toSame as the House bill. Also easesAdopts Senate provision that changes
articipating retailers may be$100,000 per violation. Removes theconditions under which bonds aremoney penalty and bonding rules for
qualified for violation of programprovision that limits the imposition ofrequired of a participating retailer whoretailers and bars interchange fees on
les (or, in cases where disqualificationmoney penalties in lieu ofhas violated food stamp rules and wishesretailers. [Sec. 4132 & Sec. 4115]
uld cause hardship to food stampdisqualification to cases where it wouldto be re-approved for participation. The
useholds, receive a money penalty ofcause hardship to recipient households. provision limits the period of time for
to $10,000 per violation). Permits the imposition of both awhich bonding is required. [Sec. 4303]
ualification is: (1) 6 months to 5disqualification and a money penalty.
ars (first violation), (2) 10 months toRemoves the 6-month and 10-monthBars charging retailersinterchange fees
ears (second violation), and (3)minimum disqualification requirements.in connection with implementation of
rmanent on a third violation, aRequires the establishment of procedureselectronic benefit transfer (EBT) systems.
iki/CRS-RL34696ualification based on trafficking innefits, or a finding of the sale ofwhereby participating retailers may beimmediately suspended for “flagrant[Sec. 4202]
g/wearms, ammunition, explosives, orviolations, pending appeal. [Sec. 4017]
s.orntrolled substances. [7 U.S.C. 2021]
leak
comparable provision.No comparable provision.Requires USDA to issue regulationsDeletes Senate provision.
://wikidefining dietary supplements: multi-vitamin-mineral supplements providing
httpprescribed minimum amounts of essential
vitamins, minerals and certain prescribed
amounts of folic acid and calcium.
Requires proposed regulations within 1
year of enactment, and final regulations
within 2 years of enactment. No dietary
supplements may be purchased with
program benefits until final regulations
have been issued or a voluntary system of
labeling for the identification of eligible
dietary supplements is certified by
USDA. [Sec. 4402]
) of the Food Stamp Act providesNo comparable provision.Limits “split issuance” of benefits byAdopts Senate provision limiting split
tate agencies may stagger therequiring that no staggered issuanceissuance of benefits. [Sec. 4113]


uance of benefits over the course ofprocedure may provide for more than 1
month and specifies that anyissuance during a month — except in the
gered issuance procedure mustcase of a benefit correction. [Sec. 4203]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
sure that no household experiences an
al between issuances longer than 40
s. Staggered issuance procedures
y include splitting monthly benefits
ore than one “issuance.” [7 U.S.C.
)]
uits and Vegetables
) of the Richard B. RussellExpands the existing fresh fruit andReplaces the existing fresh fruit andReplaces existing fresh fruit/ vegetable
nal School Lunch Act requires avegetable program in elementary andvegetable program. The new programprogram, beginning with the 2008-2009
h fruit and vegetable program. Mostsecondary schools. Increases annualprovides mandatory funding of $225school year. Similar to Senate provision,
tly, this program was funded at amandatory funding to $70 million andmillion in the first year (indexed forthe new program is to operate in elemen-
$18.9 million for FY2008 ($9makes the program available nationwideinflation in later years) to make free freshtary schools selected by states and has
n of which is mandatory), and $9.9in (1) 35 elementary and secondaryfruits and vegetables available in selectedmandatory Section 32 funding (see Sec.
n of which was provided by theschools in each state and (2) additional(by states) elementary schools. Allocates14222): $40 million on October 1, 2008;
nsolidated Appropriations Act of 2008schools in each state in proportion to thefunding among states under a formula$65 million on July 1, 2009; $101 million
iki/CRS-RL34696. 110-161). This program makesstate’s student population. No newdistributing about half the money equallyon July 1, 2010; and $150 million on July
g/wh fruits and vegetables available inIndian reservations would be addedamong states and apportioning the2011. Available money each succeeding
s.orlected elementary and secondaryspecifically. Up to 1% of funds may beremainder based on population. PriorityJuly 1 is indexed for inflation. Allocates
leakhools in a limited number of states andreserved for federal administration, andis to be given to schools with highfunds by the formula proposed by the
three Indian reservations. [42 U.S.C.states may use up to 5% of theirproportions of lower-income students,Senate provision, but includes no special
://wiki allocation for administrative expenses. and at least 100 schools chosen toset-aside for Indian reservation schools.
http[Sec. 4303]participate must be on IndianAs in the Senate provision, gives priority
reservations. Annual per-student grantsto schools with high proportions of low-
would be determined by states, but mustincome students, requires that annual per-
be between $50 and $75. Requires anstudent costs be between $50-$75, and
evaluation, providing $3 million inmandates a $3 million evaluation.
funding. [Sec. 4904]Authorizes limited set-asides for federal
and state administrative costs, and
discretionary appropriations (in addition
to mandatory Section 32 funds). [Secs.
4304 & 14222]
the 2002 farm bill statesIncreases the set-aside for theProvides that, in lieu of purchasesProvides that, in addition to the minimum
is required to use not lessDepartment of Defense Fresh programrequired under Sec. 10603, USDA($200 million-a-year) acquisitions
$200 million a year in Section 32(“DoD Fresh) to $75 million a year.purchase fruits, vegetables, and nuts forrequired by the 2002 farm bill, USDA
ing to purchase fruits, vegetables,[Sec. 4301]use in domestic food assistance programswill purchase fruits, vegetables, and nuts
d certain other specialty food crops. using Section 32 funds. Minimumfor use in domestic nutrition assistance
this amount, at least $50 million apurchase amounts are $390 million forprograms using Section 32 funds. The
ust be used to acquire fresh fruitsFY2008, rising to $406 million inadded purchases required are: $190
d vegetables for schools through theFY2012 and for each year thereafter.million (FY2008), $193 million



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
oD Fresh” program (using the Defense[Sec. 4907](FY2009), $199 million (FY2010), $203
ent as the procurement agent). million (FY2011), and $206 million
.S.C. 612c-4] (FY2012 and each year thereafter).
Deletes direct mention of the use of the
DoD Fresh program as a procurement
agent for fresh fruits and vegetables for
schools, but retains a $50 million-a-year
requirement for USDA-sponsored fresh
fruit and vegetable acquisitions for
schools. [Sec. 4404]
e Emergency Food Assistance Program (TEFAP)
the Food Stamp Act to useIncreases required funding for TEFAPIncreases required annual funding forIncreases required funding for TEFAP
illion of annual appropriationscommodities to $250 million forTEFAP commodities to $250 million.commodities. For FY2008, an immediate
der the Food Stamp Act to purchaseFY2008; for later years, this amount is[Sec. 4110] Also increases the annualinfusion of $50 million is directed. For
modities for distributionindexed annually for food-price inflation.authorization of appropriations forFY2009, $250 million in TEFAP
iki/CRS-RL34696ough TEFAP emergency feeding[Sec. 4028] Increases the annualTEFAP administrative and distributioncommodities is mandated. For FY2010
g/wanizations. Sec. 204(a) of the Emer-authorization of appropriations forcosts to $100 million. [Sec. 4802]through FY2012, the $250 million
s.orncy Food Assistance Act authorizesTEFAP administrative and distributionAuthorizes competitive grants totalingprovided for FY2009 is to be adjusted for
leakl appropriations of $60 million forcosts to $100 million. [Sec. 4201]$10 million annually to expand thefood-price inflation. Increases the annual
FAP administrative and distributioncapacity and infrastructure of food banksauthorization of appropriations for
://wikists. [7 U.S.C. 2036 and 7508(a)] so as to improve their ability to handleTEFAP administrative and distribution
httptime-sensitive” (perishable) foodcosts to $100 million. [Sec. 4201]
products, their identification of potentialAuthorizes appropriations ($15 million a
food donors, and procurement of locallyyear through FY2012) for “infrastructure
produced foods. [Sec. 4915]grants.” Grants are to be made to
emergency feeding organizations
(emphasizing those serving mostly rural
communities) for projects that improve
the availability of perishable “time-
sensitive” foods, improve the security/
diversity of emergency food distribution
and recovery systems, make available
recovered foods to emergency food
providers, improve identifying potential
providers of donated food, and support
construction, expansion, or repair hunger
relief facilities/equipment. [Sec. 4202]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
mmodity Supplemental Food Program (CSFP)
come eligibility limits for the CSFP areRequires USDA to establish incomePermits the CSFP to serve low-incomeBars USDA from requiring that CSFP
t at 130% of the federal income povertyeligibility limits for the CSFP that are theelderly persons with income up to 185%projects prioritize assistance to either (1)
idelines for elderly applicants andsame for all applicants. The limits mayof the poverty guidelines, if USDAthe elderly or (2) women, infants, and
of the guidelines for householdsnot exceed 185% of the povertydetermines that appropriations havechildren, but does not change eligibility
women, infants, and children. [7guidelines. [Sec. 4203]enabled every state seeking to participaterules. [Sec. 4221]
S.C. 612c note; regulations under Sec. in the CSFP to participate. [Sec. 4802]
he 1973 Agriculture and Consumer
tection Act]
Distribution Program on Indian Reservations (FDPIR)
the Food Stamp Act states that,Authorizes annual appropriations of $5Similar to the House bill, but: (1)Combines elements of both the House
e request of Indian tribalmillion for a fund to purchase “traditionalprovides authority for the purchase ofand Senate bills. Adopts House
anizations, a FDPIR may be operatedand locally grown foods for the FDPIR. bison meat for the FDPIR (subject toprovisions authorizing appropriations for
Indian reservations in lieu of foodAt least 50% of these foods are to fromappropriations), (2) requires a survey ofa traditional and locally grown food fund,
iki/CRS-RL34696mps. [7 U.S.C. 2013] Native American farmers, ranchers, andparticipants to determine whichmandating a minimum purchases from
g/wproducers. Requires a report reviewingtraditional foods are most desired, and (3)Native American producers, and
s.orthe procedures for determining thedoes not include a House requirementrequiring a report on FDPIR food
leakcontents of FDPIR food packages, thethat at least 50% of distributed foods bepackages. Adopts Senate provisions for
adequacy of the packages, and any plansproduced by Native American farmers,bison meat purchases and a survey of
://wikito revise them to conform with dietaryranchers, and producers. [Sec. 4501]FDPIR participants as to their preference
httpguidelines. [Sec. 4004] among traditional foods. [Sec. 4211]
ers’ Market Nutrition Program (SFMNP)
the Farm Security and RuralAuthorizes additional appropriations ofProvides added mandatory funding ofIncreases total mandatory funding to
vestment Act of 2002 established the$20 million for FY2008, rising to $75$10 million a year. The value of SFMNP$20.6 million a year and, as in the House
to provide low-income seniorsmillion by FY2012. Adds honey to thebenefits cannot be considered income orbill, adds honey to items that may be
th vouchers for fresh, locally grownlist of items that may be purchased. resources for any purposes under anypurchased. Adopts House and Senate
ts, vegetables and herbs usable atProvides that the value of benefits not befederal, state, or local law. States andprovisions barring consideration of
ers markets, roadside stands, andconsidered income or resources for anylocalities also are prohibited fromSFMNP benefits as income/resources and
munity-supported agriculturepurposes under any federal, state, or localcollecting sales taxes on food purchasedthe collection of sales taxes on SFMNP
ograms. Provides annual mandatorylaw. Prohibits states and localities fromwith SFMNP vouchers. purchases. [Sec. 4231 & Sec. 4406(c)]
nding of $15 million. [7 U.S.C. 3007] collecting sales taxes on SFMNP food-[Sec. 4701& 4702]
voucher purchases. [Sec. 4401]
mmunity Food Projects
the Food Stamp ActExpands the list of projects to be givenProvides $10 million in annualRequires USDA to provide a grant to a
thorizes USDA to make grants to non-preference to include emergency foodmandatory funding. [Sec. 4801]nonprofit organization to establish and



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
it agencies for community foodinfrastructure initiatives, those dealingsupport a “healthy urban food enterprise
ects that require a one-time infusionwith retail access in under-serveddevelopment center for activities that
assistance to become self-sustaining. markets, those integrating urban andincrease access to healthy affordable
rtain types of projects are to be givenmetro-area food production, and thosefoods (including locally produced food)
erence. The term of a grant may notproviding assistance for youth, sociallyinunderserved communities.” The
ceed 3 years. Not more than $5disadvantaged individuals, and groupscenter is to provide technical assistance
n of annual appropriations underwith limited resources. Increases theand information to small and medium-
ood Stamp Act may be used formaximum term for grants to 5 years.sized agricultural producers, food
munity food project grants. OfAuthorizes annual appropriations of $30wholesalers and retailers, schools, and
ailable funds, $200,000 must bemillion and increases the set-aside for theother entities regardingbest practices”
pecial project grant forgrant for common community foodand the availability of assistance for
dressing common community foodproblems to $500,000. Raises the federalaggregating, storing, processing, and
oblems. Federal cost-sharing is not tocost-sharing limit to 75%. [Sec. 4027]marketing locally produced food and
ceed 50%. [7 U.S.C. 2034] increasing availability in underserved
communities. Provides mandatory
funding of $1 million a year (FY2009-
iki/CRS-RL346962011); authorizes appropriations of $2
g/wmillion (FY2012). [Sec. 4402]
s.or comparable provision.No comparable provision.Requires USDA give priority to projectsAdopts Senate provision with an
leakpromoting healthy food education beamendment to strike the authorization of
replicated in schools. Authorizes a newappropriations to carry out the provision.
://wikipilot project ($10 million) in not more[Sec. 4303]
httpthan 5 States to provide grants to
high-poverty” schools for initiatives
with hands-on gardening. No
cost-sharing is required. [Sec. 4903]
ographic Preference (Purchase of Locally Produced Foods)
) of the Richard B. RussellRemoves provisions for start-up grantSame as the House bill, except thatAdopts House and Senate provision
nal School Lunch Act requiresfunding to help carry out the locallygeographic preference would be allowedremoving provisions for start-up grant
to encourage schools to purchaseproduced food purchase policy. Requiresonly for locally grown fruits andfunding. Requires USDA to allow
ly produced foods to the maximumUSDA to allow schools and othervegetables. [Sec. 4902]schools and other institutions receiving
tent practicable and appropriate. institutions receiving funds under thefunds under the National School Lunch
thorizes appropriations of $400,000 aNational School Lunch and Childand Child Nutrition Acts (and the
ar (including for start-up grants forNutrition Acts to use geographicDefense Department acting as a fresh
ipment and incurred costs). preference for the procurement of locallyfruit and vegetable buying agent) to use
.S.C. 1758(j)] By regulation, anyproduced foods. The Defensegeographic preference for the
ocurement under USDA entitlementDepartment, acting as a fresh fruit andprocurement ofunprocessed agricultural
rams, including school meal andvegetable procurement agent for schools,products, both locally grown and locally
er child nutrition programs, must bealso is covered by this rule. [Sec. 4304]raised.” [Sec. 4302]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
nducted in a manner that prohibits the
e of statutorily or administratively
posed in-state or local geographic
erences (except in cases where
tatute expressly mandates or
courages geographic preference).
FR 3016.60(c) and 3016.36(c)(2)]
l Initiatives
comparable provision.Authorizes annual appropriations of $10Provides total mandatory funding of $50Combines House and Senate provisions
million for a demonstration competitivemillion for pilot projects to develop andto authorize pilot projects that develop
grant program (Initiative to Addresstest methods of using the (renamed) Foodand test methods of using the (renamed)
Obesity Among Low-IncomeStamp program to improve the dietaryFood Stamp program to improve the
Americans) to develop and implementand health status of participants anddietary and health status of participants
strategies to reduce obesity in the low-reduce overweight, obesity, and diet-and reduce overweight, obesity, and diet-
income population. Project proposalsrelated diseases. Project initiatives are torelated diseases. Specifies that project
iki/CRS-RL34696would be evaluated against criteriaincrease the availability and purchase ofproposals will be evaluated against the
g/wincluding identification of a low-incomehealthy foods and may include expandedcriteria laid out in the House bill, and
s.ortarget audience, incorporation ofprogram benefits, greater access tospecifies projects may not limit the use of
leakscientifically based strategies to improvefarmers markets, incentives tobenefits. Project initiatives may include
diet quality, commitment to a rigorousparticipating food concerns, newthose listed in the Senate provision, and
://wikievaluation, and inclusion of strategies forapproval requirements for participatingindependent project evaluations are
httpafter-school food service and improve-food concerns, point-of-purchaserequired. Authorizes annual appropria-
ment of childrens health. Prohibits theincentives for program recipients to buytions (set at “such sums as are necessary
use of demonstration funds for projectshealthy foods, and education programs. annually through FY2012) to carry out
that limit the use of benefits. [Sec. 4023]Independent evaluations of the projectsthese health and nutrition promotion pilot
are mandated, and up to 50% of theprojects. Provides mandatory funding (a
funding must be used for point-of-one-time $20 million) for point-of-
purchase incentive projects. [Sec. 4403]purchase incentive projects. [Sec. 4141]
parable provision. Directs a comprehensive study ofSame as the House bill, but also providesAdopts Senate provision to direct a study
te: Puerto Rico receives an annualextending the regular (renamed) Food$1 million in mandatory funding for theof extending the (renamed) Food Stamp
dexed) nutrition assistance block grantStamp program to Puerto Rico. [Sec.study. [Sec. 4206]program to Puerto Rico and provide
ieu of operating a regular Food Stamp4026]mandatory funding of $1 million.
ram.[Sec. 4142]
comparable provision.No comparable provision.Provides mandatory funding ($5 million)Deletes Senate provision.
for grants to projects for expanding the
number of farmers markets that acceptNote: Sec. 10106 effectively adopts
electronic benefit transfer (EBT) cardsSenate provision to provide funding for
used in the (renamed) Food Stampsimilar programs.



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
program. [Sec. 4210]
comparable provision.No comparable provision.Requires a periodically updated study ofSimilar to the Senate provision,
hunger in the U.S., assessing data andauthorizes appropriations (“such sums as
hunger-reduction measures and makingare necessary through FY2012) for
policy recommendations. Authorizesmatching grants (1) to food program
matching grants (1) to food programservice providers and nonprofits for
service providers and nonprofits forcollaborative efforts to assess community
collaborative efforts to assess communityhunger problems and to achieve “hunger-
hunger problems and to achieve “hunger-free communities” and (2) to emergency
free communities” and (2) to emergencyfeeding organizations for infrastructure
feeding organizations for infrastructuredevelopment. Any available funding is
development. Authorizes $50 million ato be divided equally between these to
year for these studies and grants.grant initiatives, and the federal matching
[Sec. 4405]percentage is limited to 80%. [Sec. 4405]
parable provision.No comparable provision.Requires periodic USDA surveys ofSimilar to Senate provision, requires a
iki/CRS-RL34696foods purchased by schools in the SchoolUSDA survey of foods purchased by
g/wLunch program and provides mandatoryschools in the School Lunch program and
s.orfunding of $3 million for each survey.provides mandatory one-time funding of
leak[Sec. 4901]$3 million. [Sec. 4307]
9 of the Child Nutrition ActNo comparable provision.Provides annual mandatory funding of $3Deletes Senate provision.
://wikithorizes appropriations for “Teammillion for Team Nutrition Network
httptrition Network grants to states andgrants. [Sec. 4905]
cation agencies to carry out
trition education activities for
hoolchildren. [42 U.S.C. 1788]
comparable provision.No comparable provision.Establishes a pilot project to provideSimilar to Senate provision, requires
whole grain products as mealUSDA to purchase whole grains and
supplements (snacks) in after-schoolwhole grain products for use in school
programs operated by a limited numbermeal programs and an evaluation of this
of elementary and secondary schools in 6initiative. From mandatory Section 32
states and on one Indian reservation. funding made available under Sec.
Provides mandatory funding of $414222, provides $4 million (in FY2009)
million to carry out and evaluate project. to carry out the whole grain project. [Sec.
Funds are to be derived equally from4305 & Sec. 14222(d)]


money otherwise available for the Senior
Farmers’ Market Nutrition program and
community food projects. [Sec. 4912]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision.No comparable provision.Authorizes a “food employmentDeletes Senate provision.
empowerment and development (FEED)
program with USDA providing grants to
public and private nonprofit agencies to
encourage the use of community
resources to combat hunger through
projects that recover unused food and
provide job training related to food
recovery and preparation. [Sec. 4914]
ion 4404 of the Farm Security andRestates Sec. 4404 with provisionsSame as the House bill, except that theAdopts Senate provision restating and
ral Investment Act of 2002 authorizessimilar to those contained in prior law. Senate amendment (1) authorizesrevising Sec. 4404. [Sec. 4401]
ngressional Hunger Fellows programProvisions differ primarily by authorizingissuance of “grants” to the Hunger Center
courage future U.S. leaders toannual appropriations of $3 million and(as opposed tocontracts) and
rsue careers in humanitarian and publicby specifically naming the Congressionalauthorizes appropriations atsuch sums
rvice and provide aid to people in need.Hunger Center as the administering entityas are necessary.” [Sec. 4404]
iki/CRS-RL34696o types of fellowships are authorized: ) Bill Emerson fellowships relating tofor Emerson and Leland fellowships.[Sec. 4402]
g/wmestic hunger and humanitarian needs
s.ord (2) Mickey Leland fellowships that
leakdress international hunger and other
manitarian needs. Establishment of a
://wikist fund is authorized to support these
httplowships through an agreement with
Congressional Hunger Center (which
inisters the fellowships).
te: The trust fund has not been funded.
stead, the Congressional Hunger Center
ically receives $2.5 million as part of
annual USDA appropriations.
TLE V: AGRICULTURAL CREDIT
rm Ownership Loans
quires borrowers for USDA directNo comparable provision.Expands and clarifies the qualificationAdopts Senate provision. [Sec. 5001]


m ownership loans to have training, orcriteria to allow USDA to takeinto
ing and ranching experience, that “isconsideration all farming
fficient to assure reasonable prospectsexperience...without regard to any lapse
success in the proposed farmingbetween farming experiences.” [Sec.
ions.” [7 U.S.C. 1922(a)(2)] Same5001] Same provision for farm operating

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ovision for farm operating loans. loans Sec. 5101(1)-(2)]
.S.C. 1941(a)(2)]
lows direct farm ownership loans to beNo comparable provision.Adds another loan purpose to allowDeletes Senate provision.
d for buying a farm or ranch, capitalbeginning farmers and ranchers to use a
provements, closing costs, soil/waterdirect farm ownership loan to refinance a
nservation projects, and refinancingguaranteed farm ownership loan.
idge loans. [7 U.S.C. 1923(a)(1)][Sec. 5002]
s direct and guaranteed loans forReplaces prior law provision with a newAdds additional purposes for theAdopts House provision, with
il and water conservation projects. conservation loan guarantee program. conservation loan to include (1)modification. Allows USDA to make
es priority to conservation structuresProvides loan guarantees or interest rateconversion to organic production and (2)loans or issue loan guarantees. Does not
that comply with 16 U.S.C.subsidies for qualified conservationcertain environmental quality practices.specify a maximum amount or duration,
imum loan size is $50,000.projects to farmers, ranchers or otherGives priority to beginning farmers orbut says that guarantees should be 75%
.S.C. 1924]entities primarily engaged in farming. ranchers, socially disadvantaged farmersof the loan principal. Does not include
Gives priority to beginning farmers andor ranchers, and management practicesinterest subsidies. Managers statement
iki/CRS-RL34696ranchers, socially disadvantaged farmersthat comply with 16 U.S.C. 3812.says loan limits for other Farm Service
g/wor ranchers, conversion to sustainable ororganic production, or structures orEliminates the maximum loan sizeprovision. [Sec. 5003]Agency operating loans should apply.[Sec. 5002]
s.orpractices that comply with 16 U.S.C.
leak3812. Maximum loan size is $1 billion,
://wikifor up to 10 years. Allows guarantees upto $1 million on between 80% to 90% of
httpthe loan amount. Interest rate subsidies
range from 3-5%, depending on loan.
Authorizes appropriations of such sums
as necessary (FY2008-12). [Sec. 5001]
ts a maximum per borrower ofRaises to $300,000 the maximum loanSimilar to House provision, except doesAdopts Senate provision. [Sec. 5003]
or direct farm ownershipper borrower. Requires USDA tonot have clause about graduation to other
s. [7 U.S.C. 1925]establish plans to encourage borrowers tosources of credit. [Sec. 5004]
graduate to private or commercial credit.
[Sec. 5002]
thorizes down payment loans on farmExpands eligibility to include sociallySimilar to House provision, exceptAdopts House provision, with
tate to beginning farmers anddisadvantaged farmers and ranchers. interest rate equals the greater of 2% ormodification. The interest rate equals the
chers up to 40% of the purchase priceRaises loan limit to 45% of the lowest ofthe regular direct farm ownership interestgreater of 1.5% or the regular direct farm
sed value. Maximum propertythe purchase price, appraised value, orrate minus 4%. [Sec. 5005]ownership interest rate minus 4%. [Sec.
lue is $250,000. Loan duration up to$500,000. Removes limit on property5004]


years. Interest rate equals 4%.value. Extends loan duration up to 20
quires borrower down payment ofyears. Interest rate equals the greater of

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
. [7 U.S.C. 1935]1% or the regular direct farm ownership
interest rate minus 4%. Reduces borrower
down payment requirement to 5%.
Requires USDA to establish annual
performance goals. [Sec. 5003]
eates a pilot program to guaranteeMakes permanent and nationwide theSimilar to House provision, except doesAdopts House provision, with
s made by a private seller of a farmguarantee program for privately financednot include socially disadvantagedmodification. Provides a transition
ranch to a beginning farmer or ranchercontract land sales. Expands eligibility tofarmers and ranchers, and does notperiod until 2011. [Sec. 5005]
a contract land sales basis. Availablesocially disadvantaged farmers/ranchers. include seller’s choice for guaranteed
, up to 5 loans per state inRequires a 5% down payment. Setspayment of 90% of outstanding principal.
of fiscal years 2003-07. [7 U.S.C.maximum purchase price at $500,000[Sec. 5006]
and a 10-year maximum guarantee.
Seller chooses a guarantee plan of either
3 amortized annual installments, or 90%
of the outstanding principal. [Sec. 5004]
iki/CRS-RL34696
g/wthorizes USDA loans to any Indianibe or tribal corporation to acquireAuthorizes loans to purchasers of highlyfractioned land. [Sec. 5005]Similar to House provision. [Sec. 5401]Adopts Senate provision. [Sec. 5501]
s.ords within the tribe’s reservation or a
leakmmunity in Alaska. [25 U.S.C. 488]
://wikirm Operating Loans
http
mits direct farm operating loans to (1)No comparable provision.Clarifies that USDA may consider allAdopts Senate provision, but does not
ginning farmers or ranchers, or (2)farming experience for eligibility. extend the duration of eligibility. [Sec.
ers or ranchers who have receivedExtends by one year (to 7 years) the5101]
operating loans for 6 or fewereligibility for a direct operating loan.
. [7 U.S.C. 1941(c)(1)][Sec. 5101(3)]
ts a maximum per borrower ofRaises to $300,000 the maximum perSame as House provision. [Sec. 5102]Adopts House provision. [Sec. 5102]
or direct farm operating loans.borrower. [Sec. 5011]
.S.C. 1943]
mits eligibility for guaranteedExtends the suspension of term limits forRepeals the term limits provision onAdopts House provision, except extends
g loans to 15 years (a.k.a., termguaranteed operating loans through Jan.guaranteed operating loans. [Sec. 5103]the suspension of term limits through
its). The 2002 farm bill and1, 2008. [Sec. 5012]Dec. 31, 2010. [Sec. 5103]


cessive legislation suspended
plication of this limit. [7 U.S.C.

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
mergency Loans
thorizes Farm Service AgencyNo comparable provision.Adds eligibility for emergency loans toAdopts Senate provision. Managers
ergency disaster loans for farmers,equine farmers and ranchers. [Sec. 5404]statement notes horses for racing,
chers, and aquaculture operationsshowing, recreation, or pleasure are not
der certain conditions. eligible. [Sec. 5201]
.S.C. 1961(a)]
ministrative Provisions
parable provision.No comparable provision.Creates a pilot program of individualAdopts Senate provision, with
development accounts for beginningmodification. Reduces matching deposit
farmers and ranchers in at least 15 States.to between 2 to 1 per dollar deposited
Producers make deposits into savings(maximum $6,000 matching per year),
accounts and receive a matching depositreduces grants to $250,000 maximum,
ranging between 3 to 1 per dollarincreases non-federal matching to 50%,
iki/CRS-RL34696deposited (maximum $9,000 matchingper year). Withdrawals allowed to buylimits administrative cost to 10%, reducesauthorization for appropriation to $5
g/wfarmland; make mortgage payments; buymillion annually. [Sec. 5301]
s.orequipment, breeding stock, or trees;
leakharvest timber; or pay for training.
://wikiWithdrawals must be made within 2years after the last match. Program
httpdelivered through private entities that
apply for grants up to $300,000; requires
non-federal matching of 25%. Duration
is 5 years, plus 2 years for withdrawals.
Authorizes appropriations of $10 million
annually in FY2008-12. [Sec. 5201]
quires USDA to include beginningGives first priority to sociallySimilar to House provision, except doesAdopts Senate provision. [Sec. 5302(a)]
ers and ranchers in the process whendisadvantaged farmers and ranchersnot give priority to socially
lling or leasing USDA-acquiredwhen USDA sells or leases property.disadvantaged farmers over beginning
y. [7 U.S.C. 1985(c)]Adds socially disadvantaged farmers tofarmers. [Sec. 5202(a)]
beginning farmers when discussing steps
in the process. [Sec. 5021]
serves loan amounts for beginningIncrease the reservation for beginningSame reservations as the HouseAdopts Senate provision. [Sec. 5302(b)]


ers and ranchers: 70% of direct farmfarmers and ranchers: 75% of direct farmprovision, except refers tojoint
nership loans, and of this amount,ownership loans, and of this amount bfinancing arrangements” instead of
for down payment loans. Reservesfor the down payment and participationparticipation loans.” [Sec. 5202(b)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
of direct operating loans in FY2003-loans. Reserves 50% of direct operating
eserves 25% of guaranteed farmloans in FY2008-12. Reserves 40% of
nership loans, and 40% of guaranteedguaranteed farm ownership loans.
erating loans. [7 U.S.C. 1994(b)(2)][Sec. 5022]
an authorization levels totalingNo comparable provision.Raises loan authorization levels to $4.226Adopts Senate provision. [Sec. 5303]
n for each of FY2003-07,billion for each of FY2008-12, including
ding $770 million for direct loans$1.2 billion for direct loans ($350 million
illion for farm ownership loans,for farm ownership loans and $850
d $565 million for operating loans),million for operating loans). No
d $3.026 billion for guaranteed loansincreases for guaranteed loans. [Sec.
1 billion farm ownership loans, and5204]
n for operating loans).
.S.C. 1994(b)(1)]
comparable provision.Requires USDA to promote the goal ofSame as House provision. [Sec. 5203]Adopts House provision. [Sec. 5304]
iki/CRS-RL34696moving borrowers to commercial or
g/wother sources of credit when writingregulations. [Sec. 5023]
s.or
leaklows a borrower-owner who isExtends the right of first refusal toNo comparable provision.Adopts House provision. [Sec. 5305]
://wikipying a homestead that is in thesession of USDA because ofreacquire homestead property during theoccupancy period to members of the
httpreclosure or bankruptcy to have theimmediate family of a borrower-owner
ht of first refusal to reacquire thewho is a socially disadvantaged farmer or
mestead property at any time duringrancher. [Sec. 5024]
pancy. [7 U.S.C. 2000(c)(4)(B)]
uires an interest rate reductionNo comparable provision.Clarifies that the interest rate reductionDeletes Senate provision.
ram for guaranteed loans. [7 U.S.C.program be available for new guaranteed
operating loans or restructured
guaranteed operating loans. [Sec. 5205]
ws re-amortization of the repaymentNo comparable provision.Clarifies that deferral is an available loanDeletes Senate provision.
a shared appreciation agreement that isservicing tool and that deferral may not
linquent. [7 U.S.C. 2001(e)(7)(D)]exceed 1 year. [Sec. 5206]
comparable provision.Prohibits USDA from studying orSimilar to House provision. [Sec. 5207]Adopts House provision. [Sec. 5306]


entering into a contract for competitive
sourcing in the rural development or farm
loan programs. [Sec. 5025]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
inesfarmer” and “farming toNo comparable provision.Adds commercial fishing to the definitionDeletes Senate provision.
lude fish farming. [7 U.S.C.of farmer and farming. [Sec. 6020(c)]
Credit System (FCS)
lows voting stock in Banks forAllows other categories of persons andNo comparable provision.Adopts House provision. [Sec. 5403]
ives to be held only by (1)entities who are eligible to borrow from
ive associations that are eligibleBanks for Cooperatives to hold voting
from the banks; and (2) otherstock, as determined by the board of
ks for cooperatives. [12 U.S.C.directors. [Sec. 5031]
.S.C. 2154a(c)(1)(D)]
e par value of capital stock in theNo comparable provision.Makes a technical correction to refer toAdopts Senate provision. [Sec. 5402]
k for Cooperatives. [12 U.S.C.par value. [Sec. 5302]
iki/CRS-RL34696quires that members of the FarmNo comparable provision.Requires Senate confirmation of theDeletes Senate provision.
g/wedit Administration Board bePresident’s choice of chairman. [Sec.
s.ornted by the President and confirmed5303]
leak the Senate. The President designates
e as chairman. [12 U.S.C. 2242(a)]
://wiki
httpines what types of loans are eligibleAllows rural utility (electric or telephoneSimilar to House provision, except (1) itAdopts Senate provision.
r the agricultural mortgage secondaryfacility) loans to qualify for therecasts loan standards in terms of[Sec. 5406(a)-(c)]
rket (Farmer Mac). [12 U.S.C.agricultural mortgage secondary marketagricultural mortgages, and (2) removes
(Farmer Mac). Does not apply certaincongressional review of standards (in 12
requirements for guarantees andU.S.C. 2279aa-8). [Sec.5306(a)-(c)]
standards to rural utility loans. [Sec.
5032]
lishes a risk-based capital test forProvides for separate consideration ofSimilar to House provision. [Sec.Adopts Senate provision. [Sec. 5406(d)]
eral Agricultural Mortgagerural utility (electric and telephone) loans5306(d)]
rporation (Farmer Mac) to determine awhen determining credit risk. [Sec. 5034]
fficient level of capitalization. [12
S.C. 2279bb-1(a)]
ws any Farm Credit System bank toReplaces the formula for computingSimilar to House provision, except itAdopts Senate provision. [Sec. 5401(a)]


arge associations in its district for theassessments with a requirement that thespecifies that the equitable manner be
t of premiums due to the Farm Creditassessment be computed in an equitabledetermined by the FCS Insurance
stem Insurance Corporation (FCSIC)manner. [Sec. 5033(a)]Corporation. [Sec. 5301(a)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
using a specified formula based on
al status and various government
rantees. [12 U.S.C. 2020(b)]
es the FCSIC Board of DirectorsGives rule-making authority forSame as House provision. [Sec. 5301(b)]Adopts House provision. [Sec. 5401(b)]
wer to issue rules and regulations. [12“authority to pass along cost of insurance
S.C. 2277a-7(10)]premiums” to FCSIC Board of Directors.
[Sec. 5033(h)]
ws the FCSIC to collect premiumsRemoves specification of “annual whenSimilar to House provision. [Sec. 5304]Adopts Senate provision. [Sec. 5404]
lly. When the Insurance Fund doesreferring to FCSIC premiums. Changes
t exceed the secure base amount,formula for premiums by using different
emiums equal different rates multipliedrates and classes of assets: insured
outstanding principal of accrualobligations after deducting 90% of
on-accrual (0.0025), andfederally-insured accrual loans and
rious government-guaranteedinvestments and 80% of state-insured
iki/CRS-RL346960.0003) loans. Allows reducedaccrual loans and investments (0.002),
g/wiums when the Fund exceeds there base amount. The base amount isnon-accrual loans (0.001), and other thantemporarily-impaired investments
s.or of outstanding insured obligations of(0.001). Revises the secure base amount
leak insured System banks reduced by 90%definition to include federal- and state-
://wiki federally-insured loans and 80% ofinsured loans. Excess premiumsguaranteed investments. Calculateoutstanding principal to include
http the Fund over the secure baseinvestments. Calculate excess funds
ount are allocated to insurance reserveusing year-end balances and simplify
nts for each bank and the Financialformula to allocate among banks.
sistance Corporation using averageTerminates reserve fund for Financial
ily balances. [12 U.S.C. 2277a-4]Assistance Corp. [Sec. 5033(b)-(f)]
quires annual certification, reportingGives discretion to FCSIC for timing ofSimilar to House provision. [Sec. 5305]Adopts Senate provision. [Sec. 5405]
loan balances, and payment ofcertification. Premiums are not to be
emiums by FCS banks to the FCSIC.collected more than quarterly. [Sec.
.S.C. 2277a-5]5033(g)]
comparable provision.No comparable provision.Changes lending authorities of FCSAdopts Senate provision. [Sec. 5407]


associations (in AL, MS, and LA) by
allowing Federal Land Bank Associations
to make short-and intermediate-term
loans, and Production Credit
Associations to make long-term loans.
Requires board of directors and

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
stockholder approval. Effective Jan. 1,
2010. [Sec. 5307]
TLE VI: RURAL DEVELOPMENT
ining Rural Eligibility
the Consolidated Farm andDirects USDA to submit a report to theCreates a standard definition of rural areaAdopts the Senate provision but deletes
ral Development Act (Con Act), asAgriculture Committees: (1) assessingthat excludes (1) cities of 50,000 or more,the housing density criterion from the
ended, defines rural as any area otherthe varying definitions of rural used by(2) any urbanized area contiguous anddefinition ofrural.” Permits USDA to
a city or town with a populationUSDA; (2) describing the effect ofadjacent to a city of 50,000 or more, andinclude “areas rural in character” if they
eater than 50,000 and the urbanizedvarying definitions on USDAs(3) any collection of contiguous censusmeet certain non-urban criteria
tiguous and adjacent to such aprograms; and (3) recommendingblocks with a specific housing density, or(excluding Honolulu, HI, and San Juan,
or town. [7 U.S.C. 1991(a)] changes to better target funds throughadjacent to a city of 50,000 or urban area. PR). Does not change eligibility for water
rural development programs. [Sec. 6001][Sec. 6020]and waste water funding. [Sec. 6018]
comparable provision.Authorizes USDA to review socio-No comparable provision.Deletes the House provision.
iki/CRS-RL34696economic variables as factors in
g/wawarding rural development loans and
s.orgrants, and issue regulations. [Sec. 6014]
leak
nfrastructure: Water and Waste Disposal
://wikie 2002 farm bill amended the Con ActReauthorizes through 2012. [Sec. 6002] Reauthorizes through 2012. [Sec. 6001] Reauthorizes through 2012. [Sec. 6001]
httpthorize USDA to make water and
stewater grants for development
ects for the storage, treatment,
rification, or distribution of water or
, treatment, or disposal of
ste in rural areas. Authorizes $30
n in annual appropriations for
2002-07.[7 U.S.C. 1926(a)(2)(B)(vii)]
e Con Act, as amended, sets interestNo comparable provisionSenate provision establishes interest ratesAdopts the Senate provision. [Sec. 6011]


els not to exceed current marketfor water and waste water loans based on
lds for outstanding municipala market index of loans to ensure that
ligations. Low-income rural residentsinterest rates for intermediate and poverty
e interest rates below thisrate loans are tied to the current market
ximum level. [7 U.S.C. 1927 (a)(3)rate. The poverty rate is set at 60% of the
)]market rate and the intermediate rate is
set at 80% of market rate. [Sec. 12602]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e 2002 farm bill amended the Con ActReauthorizes through 2012, authorizingReauthorizes through 2012, authorizingAdopts the House provision. [Sec. 6006]
thorize appropriations for a$25 million for FY2008. [Sec. 6004] $20 million for FY2008. [Sec. 6004]
ter/wastewater circuit rider program,
iding technical assistance based on a
nal Rural Water Association
ram. [7 U.S.C. 1926(a)(22)(C)]
thorizes appropriations of $15 million
r FY2003 and each year thereafter.
e 2002 farm bill amended the Con ActReauthorizes through FY2012. Reauthorizes through FY2012. Reauthorizes through FY2012.
thorize USDA to provide[Sec. 6006][Sec. 6011][Sec. 6008]
ergency and Imminent Community
ater Assistance Grants to rural areas
d small communities comply with the
ater Pollution Control Act or Safe
inking Water Act. [7 U.S.C.
iki/CRS-RL34696)(2)] Authorizes an appropriation
g/w $35 million annually for FY2003-07.
s.orparable provision.No comparable provision.Provides $135 million in mandatoryAdopts the Senate provision. Provides
leakspending for pending water/wastewater$120 million in mandatory spending.
://wikiloans, grants and emergency communityassistance grants, to be available until[Sec.6029]
httpexpended. [Sec. 6033]
e Con Act, as amended, authorizesReauthorizes through FY2012. Reauthorizes through FY2013. AmendsAdopts House provision with an
to make grants for water systems[Sec. 6007]program to provide grants to the Denaliamendment to provide $1.5 million
r rural and native villages in Alaska.Commission for solid waste managementannually FY2008-2012 to the Denali
thorizes appropriations of $30 millionand for rural drinking water sites inCommission for solid waste
lly for FY2001-07. [7 U.S.C.Alaska (not more than 5% of totalmanagement. [Sec. 6009]
program funding). [Sec. 6012]
e 2002 farm bill amended the Con ActReauthorizes through FY2012. AmendsReauthorizes through FY2012. Adopts House provision with changes,
thorize USDA to make grants toprogram to authorize USDA to make[Sec. 6013] striking consideration of matching funds
ivate nonprofits for loans to eligiblegrants to private non-profits for loans toand increasing the assistance limit for
-income individuals to construct,eligible low-income individuals. each well from $8,000 to $11,000. [Sec.
urbish, and service household water[Sec. 6008] 6010]


ll systems in rural areas (giving
iority to certain applicants). Authorizes
s of $10 million annually
r FY2003-07. [7 U.S.C. 1926e(d)]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
parable provision.No comparable provisionAmends the ConAct to authorize grantsDeletes Senate provision.
to develop wells in isolated rural areas.
Provides $10 million annually FY2008-
2012. [Sec. 6013]
e 2002 farm bill amended the Con ActNo comparable provision.Reauthorizes SEARCH grants andAdopts Senate provision. [Sec. 6002]
lish a SEARCH grant program,amends program. Provides up to 4% of
iding technical assistance for waterfunds available for water, waste disposal,
d waste disposal facilities. [7 U.S.C.and essential community facilities to
financially distressed communities.
Directs USDA to develop a simplified
application for applicants. [Sec. 6010]
l Broadband and Telecommunications Development
e 2002 farm bill amended the Con ActReauthorizes grants through FY2012. Reauthorizes grants through FY2012. Reauthorizes grants through FY2012.
iki/CRS-RL34696thorize grants to acquire radiosmitters to increase rural coverage by[Sec. 6018][Sec. 6026] [Sec. 6021]
g/whazards weather radio broadcasts of
s.oral Oceanic and Atmospheric
leakministration. Authorizes appropriation
://wiki such sums as needed for FY2002-07..S.C. 2008p]
http
e 2002 farm bill amended the RuralReauthorizes through FY2012. RedefinesReauthorizes through FY2012. RedefinesAdopts Senate provision with changes.
ectrification Act (REA) of 1936 [7eligibility and prioritizes loaneligibility and prioritizes loanPermits assistance to areas with more
S.C. 901 et seq.] by authorizing USDAapplications to areas based on number ofapplications. Prohibits loans to areasthan 3 providers under certain conditions.
ide loans and loan guarantees forservice providers. Amends definition ofserved by 3 or more providers. Gives highest priority to applicants
ts of providing broadband servicerural area. Limits loan terms to 35 years.Authorizes $25 million annuallyserving the most rural residents. Prohibits
ral areas, as part of the EnhancementExtends authority to provide loans to(FY2008-12). Authorizes a Nationaleligibility to providers res serving more
Access to Broadband Service in RuralFY2012. Authorizes a National CenterCenter for Rural Telecommunicationsthan 20% of the market. Permits USDA
eas provisions. [7 U.S.C. 950bb]for Rural TelecommunicationsAssessment and authorizes $1 million into require cost-share funding. [Sec. 6110]
Assessment and authorizes $1 million inappropriations annually. [Sec. 6110] Adopts House and Senate measure to
appropriations annually. [Sec. 6023]Establishes which areas are eligible forauthorizes National Center for Rural
REA assistance. [Sec. 6105]Telecommunications. [Sec. 6111].
Adopts Senate provision defining REA
eligibility. Eligible rural areas exclude
town of 20,000 or more. [Sec. 6104]
et seq. of the REA, asAuthorizes the Community ConnectAuthorizes the Connect the Nation ActNo change to current law.


ended, authorizes USDA to provideGrant Program to provide broadbandand creates a competitive matching grant

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
s and loan guarantees to electricservice for education, public safety, andprogram to encourage state initiatives for
serve customers in rural areas. health care in rural areas. Authorizespublic-private partnerships [Sec. 6201]
.S.C. 950bb(b)]appropriations of $25 million annuallyand authorizes grants to encourage state
(FY2008-12). [Sec. 6024]initiatives [Sec. 6202] to provide broad-
band service to rural areas. Authorizes
appropriations of $40 million annually
(FY2008-12).
the 1990 farm bill (Food,Reauthorizes the grant program to assistReauthorizes appropriations throughAdopts Senate provision with changes
riculture, Conservation, and Traderural public television stations in makingFY2012. Amends provision: (1) addsthat only libraries are added as eligible
t, P.L. 101-624) provides grants tothe transition from analog to digitallibrary connectivity and public televisionentities. Makes public television stations
n-commercial television that servebroadcast equipment. [Sec. 6028] station digital conversion into theeligible for funding for high-speed
ral areas. [7 U.S.C. 950aaa-2] Also,Reauthorizes Telemedicine and Distancenotification; (2) species requirements ontelecommunications for educational
authorizes Telemedicine andLearning Services in Rural Areashow financial assistance is to be used andprogramming in rural areas. [Sec. 6201]
tance Learning Services in Ruralthrough FY2012. [Sec. 6029]criteria for prioritizing; (3) requires
eas by providing loans/grants toUSDA to notice the amount of financial
iki/CRS-RL34696ools and medical facilities for telecomassistance available to applicants, among
g/whnologies. [7 U.S.C. 950aaa5]other provisions. Renames program the
s.orTelemedicine, Library Connectivity,
leakPublic Television, and Distance Learningin Rural Areas, and reauthorizes through
://wikiFY2012. [Sec. 6302]
httpe Con Act, as amended, authorizesNo comparable provision.Reauthorizes through FY2012. [Sec.Reauthorizes through FY2012
ations for grants for broadcasting6016][Sec. 6014]
stems, funded at $5 million annually
Y2002-07). [7 U.S.C. 1932(f)]
parable provision. Directs USDA to prepare a report thatDirects the Federal CommunicationsAdopts Senate provision. Requires an
develops a comprehensive nationalCommission, in coordination withupdate of the report in the third year
broadband strategy. [Sec. 6031]USDA, to submit a report to Congressfollowing enactment. [Sec. 6112] Adopts
describing a comprehensive ruralSenate provision striking an obsolete
broadband strategy. [Sec. 6111] reference to dial-up Internet and place the
Instructs the U.S. Comptroller General ofprovision in a separate section. [Sec.
to conduct a study of the Rural Utilities6005]. Deletes Senate provision for a
Service administration and of FederalGAO study.
assistance for broadband programs, with
recommendations. [Sec. 6113]
e 2002 farm bill amended the REA toReauthorizes through FY2012. [Sec.Reauthorizes through FY2012. ExpandsAdopts the Senate provision changes to
thorize USDA to expand 911 access6022] eligibility to emergency communicationmake emergency communication



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
d make telephone loans for ruralproviders. Authorizes USDA to use fundsequipment providers eligible for loans.
ergency services. [7 U.S.C. 940e]made available for telephone or[Sec. 6107]
broadband loans; requires USDA
promulgate regulations [Sec. 6107]
ricultural-Based Rural Economic Development
e 2002 farm bill amended the Con ActEstablishes new criteria for loans andSimilar to the House bill, but also:Adopts Senate provision with changes
thorize appropriations for direct andloan guarantees, directing USDA to favordefines “under-served community;that extend the distance a product can
aranteed loans for rural businessprojects that support local/regionallyestablishes priorities for projects thattravel and be eligible. Defines
elopment. [7 U.S.C. 1926(a)(11)(D)] produced agricultural products. [Sec.support community development andunderserved community” and gives
6010]marketing, distributing, storing,priority to entities providing products to
aggregating, or processing a locally-these communities.
produced product; sets a per-facility limit[Sec. 6015]
of up to $250,000 in loan/loan guarantees
to modify/update facilities; and requires
iki/CRS-RL34696USDA to submit an annual report to
g/wCongress. [Sec. 6017]
s.or comparable provision. Authorizes appropriations forSimilar to the House bill. [Sec. 6018]Adopts the Senate provision with minor
leakAppropriate Technology Transfer forchanges to elaborate on the purpose of
://wikiRural Areas at $5 million annually(FY2008-12). [Sec. 6011] the program. [Sec. 6016]
http
parable provision. No comparable provision. Establishes Artisanal Cheese Centers toDeletes the provision.
provide educational technical assistance
to eligible cheese manufacturing and
marketing businesses. [Sec. 6023]
the Agricultural RiskAuthorizes $6 million subject toExpands the definition of value-addedAdopts the Senate provision with
ection Act of 2000 [7 U.S.C. 1621],appropriations annually (FY2008-12). products. Reduces the maximum grantmodification. Reserves 10% of funds for
amended by the 2002 farm bill,[Sec. 6027]amount to $300,000. [Sec. 6401]projects benefitting beginning farmers
thorizes USDA to make Value-Addedand ranchers and socially disadvantaged
ricultural Product Developmentfarmers and ranchers, and 10% of funds
ants to assist agricultural producers tofor projects to develop mid-tier value
lish businesses to produce value-chains. Provides $15 million in
ricultural products, and providemandatory funding. [Sec. 6202]
r technical assistance and planning.
comparable provision. No comparable provision.Amends the Con Act to provideAdopts Senate provision with technical
reimbursement payments tochanges. [Sec. 1621]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
geographically disadvantaged farmers
(e.g., AK, HI) for costs associated with
transporting or producing an agricultural
commodity. [Sec. 6021]
e 2002 farm bill amended the Con ActReauthorizes through FY2012 and givesSimilar to the House bill; also establishesAdopts House provision with technical
thorizing a program to restore historicpriority to projects that identify,a grant may be made for projects thatchanges. [Sec. 6020]
s. [7 U.S.C. 2008o(c)] document, and conduct research onrehabilitate or repair historic barns;
historic barns and develop and evaluatepreserve historic barns; and identify,
appropriate techniques or best practicesdocument, survey, and conduct research
for protecting historic barns. [Sec. 6017]on historic barns/structures. [Sec. 6025]
e 2002 farm bill authorized anReauthorizes the program and providesNo comparable provision Adopts the House provision.
ricultural Innovation Center$6 million annually (FY2008-12). [Sec. 6203]
onstration program. [7 U.S.C. 1621] [Sec. 6025]
iki/CRS-RL34696gional Economic Development and Planning
g/we Con Act, as amended, authorizes aReauthorizes appropriations throughReauthorizes appropriations throughAdopts House provision with changes.
s.orional Authority, providingFY2012. [Sec. 6019]FY2012; amends program to allow forAdds counties to be eligible. Establishes
leaknds for 240 counties in 8 states ingrants for health care facilityseparate Health Care Services section and
ississippi Delta. [7 U.S.C. 2009aa-1]development. [Sec. 6029]defines eligibility to mean Mississippi
://wikiRiver Delta region. [Secs. 6024-6025]
http
e 2002 farm bill amended the Con ActAmends program to eliminateEliminates requirement for a federalAdopts Senate provision with changes.
thorizing the Northern Great Plainsprioritization of activities to be funded. commission member, unless appointed. Requires the Commission to coordinate
ional Authority to make grants andModifies federal share of administrativeBroadens list of eligible organizations. with tribal leaders if no federal co-chair
s and implement a regionalexpenses. Eliminates Isolated Areas ofProvides assistance to states in providingis names. Defines organizations that may
elopment plan. [7 U.S.C. 2009bb-1] Distress designation. [Sec. 6020]regional plans for renewable energy andserve in the capacity of federal co-chair.
transportation. [Sec. 6030][Sec. 6026]
parable provision.No comparable provision.Amends the Con Act to authorize a newAdopts Senate provision. Authorizes 3
Northern Border Economic Developmentadditional regional commissions and
Commission (VT, NY, NH, and ME);provides them $30 million each FY2002-
authorizes appropriations of $40 million2012. [See Sec. 14217]
annually (FY2008-12). [Sec. 6034]
e Con Act, as amended, authorizesNo comparable provision.Reauthorizes through FY2012. Deletes Senate provision.


ants to multi-jurisdictional regional[Sec. 6005]
nning and development organizations;
illion annually through FY2007.

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
.S.C. 1926(a)(23)]
e Con Act, as amended, authorizesNo comparable provision.Directs USDA to continue RuralAdopts Senate provision. [Sec. 6017]
s and grants for business andEconomic Area Partnership Zones (NY,
mmunity development. [7 U.S.C.ND, and VT) with areas of high
unemployment/poverty. [Sec. 6019]
comparable provision. Directs USDA, in coordination with theNo comparable provision.Adopts House provision. Includes other
Department of Transportation, to preparetransportation systems in addition to rail.
a report on railroad issues regarding the[Sec. 6206]
movement of agricultural products,
renewable fuels, and economic
development. [Sec. 6032]
ntrepreneurship and Business Investment Programs
iki/CRS-RL34696e 2002 farm bill amended the Con Actthorize USDA to make RuralReauthorizes through FY2012. [Sec.6003] Similar to the House bill. [Sec. 6002]Adopts Senate provision. [Sec. 6003]
g/wsiness Opportunity Grants for business
s.orelopment or labor training in rural
leak. Authorizes appropriations of $15
n annually through FY2007.
://wiki.S.C. 1926(a)(11)]
http
e Con Act, as amended, authorizesAuthorizes USDA to give preference toSimilar to House bill. Allows USDA toAdopts Senate provision with minor
ations for grants to cooperativegrant applications that establish centersaward multi-year grants to programs asmodifications. [Sec. 6013]
elopment centers. [7 U.S.C.for rural cooperative development thatdeemed by the Secretary; establishes a
demonstrate specified requirements. cooperative research program; and
Authorizes $50 million annuallycreates a reserve for socially
(FY2008-12). [Sec. 6009]disadvantaged communities. [Sec. 6015]
comparable provision.Authorizes a new Rural Entrepreneur andAuthorizes a new Rural MicroenterpriseAdopts House provision with changes.
Microenterprise Assistance Program. Assistance Program, with mandatoryProvides $15 million in mandatory
Authorizes $20 million annuallyspending of $40 million for FY2008,funding. [Sec. 6022]
(FY2008-12). [Sec. 6013]available until expended. [Sec. 6022]
e 2002 farm bill amended the Con Act,Limits discretionary funding of not moreAuthorizes a new Rural CollaborativeAdopts Senate provision with changes to
thorizing the Rural Strategicthan $25 million annually FY2008-2012. Investment Program, with mandatoryinclude adding rural heritage as a goal of
stment Program, providing an equityAdds planning grant eligibility forruralspending of $135 million for grants andthe program. Authorizes $135 million in
nerating program for rural businessheritage sites.” [Sec. 6021]administrative activities. [Sec. 6032]discretionary funds for the period
elopment modeled on the SmallFY2009-2012. [Sec. 6028]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
siness Investment Companies of the
all Business Administration. [7
S.C. 2099dd et seq.]
e 2002 farm bill amended the Con Act,No comparable provision. Reauthorizes through FY2012, withAdopts the Senate provision with
thorizing the Rural Businesschanges: debentures may be pre-paid atmodifications. Removes provision
stment Program to make loans/grantsany time; distributions may be made toallowing distributions to cover tax
ough regional investment boards. cover tax liability; USDA fees are limitedliability. Limits on funding from certain
.S.C. 2009cc-5]to an application fee of $500; and USDAfinancial institutions is raised to 25%.
will not be required to operate program[Sec. 6027]
with other federal agencies. [Sec. 6031]
mmunity Development Programs
e 2002 farm bill authorizes grants forReauthorizes the Rural Firefighters andNo comparable provision.Adopts House provision with minor
ts of general local government, IndianEmergency Personnel Grant Program,modifications. [Sec. 6204]
iki/CRS-RL34696es, to pay the cost of trainingighters and emergency medicalappropriations up to $30 million annually(FY2008-12). Expands the types of
g/wonnel. [7 U.S.C. 1621]eligible entities. [Sec. 6026]
s.or
leake 2002 farm bill amended the Con ActReauthorizes through FY2012. Reauthorizes through FY2012. Reauthorizes through FY2012.
thorize the National Rural[Sec. 6016][Sec. 6024][Sec. 6019]
://wikielopment Partnership, a state-federal
httpnership of community rural
velopment entities. [7 U.S.C. 2008m]
e 2002 farm bill amended the Con ActNo comparable provision.Authorizes $40 million in mandatoryAdopts Senate provision, but specifies
thorize loans and grants forspending for loans, grants, and loanthat the program not receive mandatory
ssential community facilities” (incl.guarantees to construct child day carefunding. [Sec. 6004]
ild day care). [7 U.S.C. 1926(a)(19)]facility grants. [Sec. 6003]
e Con Act, as amended, authorizes theNo comparable provision Reserves 0.5% of the funds forDeletes Senate provision.


mmunity Facility Grants Program,community facilities to eligible entities
ited to $10 million per fiscal year forlocated in freely associated states or
ants to local governments, nonprofits,outlying areas as defined in the
d Indian tribes to provide the federalElementary and Secondary Education
are of the cost of developing specificAct of 1965. [Sec. 6008]
tial community facilities authorizes
nds for essential community facilities.
.S.C. 1926(a) 19]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e Con Act, as amended, authorizesNo comparable provision Amends to give priority for communityDeletes Senate provision
nds for essential community facilities;facility projects that are carried out with a
aximum amount of a communitynon-Federal share of funds that is
grant cannot exceed 75% of thesubstantially greater than the minimum
ect costs. [7 U.S.C. 1926(a) 19B]requirement, as determined by USDA
regulation. [Sec. 6009]
e 2002 farm bill amended the Con ActReauthorizes through FY2012. AmendsReauthorizes through FY2012. IncreasesAdopts House provision. [Sec. 6007]
thorize USDA to provide cost-shareprogram to direct USDA to establish athe maximum federal grant tribal colleges
ants to tribal colleges and universitiesmaximum percentage of the cost of aand universities receive for the cost of
r developing essential communityfacility covered by a grant. Caps non-developing essential community facilities
rural areas and universities,federal support to no more than 5% of thein rural areas to 95%. [Sec. 6007]
efined in the Higher Education Act offacilitys total cost. [Sec. 6005]
or developing essential community
rural areas. Authorizes $10
n in annual appropriation for
iki/CRS-RL346962003-07. [7 U.S.C.1926(a)(25)]
g/wparable provision.No comparable provision Makes technical changes to addressAdopts Senate provision with technical
s.orfunding for cooperative organizations bychanges. [Sec. 6012]
leakallowing for business guarantees of
://wikiloans. [Sec. 6014]
http comparable provision.No comparable provision.Provides grants to expand ruralAdopts Senate provision with minor
employment opportunities for individualschanges. [Sec. 6023]
with disabilities. Authorizes $2 million
annually (FY2008-12). [Sec. 6028]
e Con Act authorizes grants to trainNo comparable provision. Reauthorizes through FY2012. [Sec.Deletes Senate provision.
workers in new technologies and in6027]
ecialized skills for higher value crops;
thorizes appropriations of $10 million
lly through FY2007 [7 U.S.C.

parable provision. Amends the Con Act to authorize grantsAuthorizes loans and loan guarantees toDeletes both House and Senate
to improve the technical infrastructure ofimprove the technical infrastructure ofprovisions.


rural health care facilities at $30 millionrural health care facilities. Provides $50
annually (FY2008-12). Identifies typesmillion in mandatory spending (with at
of eligible rural health facilities. [Sec.least $25 million for hospitals with less
6012]than 50 acute care beds). [Sec. 6006]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
parable provision. No comparable provision.Authorizes the Secretary of Housing andAdopts Senate provision with changes to
Urban Development to provide financialpermit GAO to use private audits for
assistance for community-based housingreview of the Housing Assistance
development entities and affordableCouncil. [Secs. 6301-6305]
housing projects, and other requirements.
Authorizes appropriations of $10 million
(FY2008); $15 million annually
(FY2009-10). [Secs. 6501-6505]
ent Provisions
e REA, as amended, authorizes USDANo comparable provision.Insertsefficiency and” beforeAdopts Senate provision authorizing
ake loans for rural electrification andconservation;” makes technical changesenergy efficiency program. [Sec. 6101].
ephone services and to assist borrowerto loan and grants for electric generation;Deletes provision for loans and grants for
plementing improvements toestablishes fees for baseload generationelectric generation. [Sec. 6102]. Deletes
d telephone service. [7loan guarantees; defers loan payments forSenate provision on fees for loan
iki/CRS-RL34696S.C. 901 et seq.]improved energy efficiency; definesguarantees, but requires a study of
g/wrural” and “farm for borrowingeligibility; and specifies procedures forelectric generating needs in rural areas.[Sec. 6113]. Adopts Senate provision to
s.orborrowers. [Secs. 6101-6104; 6109]allow energy audits. [Sec. 6104]. Makes
leaktechnical changes for certain financing.
://wikie REA, as amended, authorizes USDAReauthorizes through FY2012. [SecSimilar to the House bill, but limitsAdopts Senate provision. [Sec. 6106]
httpsue bonds for rural electrical6030]guarantees to no more than $1 billion and
neration or telephone purposes. [7establishes technical provisions for bond
S.C. 940c-1(f)]guarantees. [Sec. 6106]
e REA, as amended, authorizes USDANo comparable provision. Definesqualified energy source” andAdopts Senate provision with
ake loans for electrical generation inpermits loans for electrical generationmodifications. Definesrenewable
ral areas. [7 U.S.C. 940f] from renewable sources sold to non-ruralenergy source.” [Sec. 6108]
residents at sets loan rates. [Sec. 6108]
e REA, as amended, authorizes USDANo comparable provision. Defines “substantially underserved trustAdopts Senate provision with changes.
ake exceptions for electrificationareas” and to authorize USDA to make[Sec. 6105]
rrowers to relieve them of regulatoryloan rates as low as 2% to qualified
irements. [7 U.S.C. 936e]utilities serving these areas. [Sec. 6112]
II of the REA establishes agencyNo comparable provisionRequires the Rural Utility Service (RUS)Adopts Senate provision regarding
nding procedures for direct loans andfollow new procedures in dealing withbonding requirements and strikes the
n guarantee. [7 U.S.C. 940-c 1]borrowers. Allows USDA to adjustother provisions. [Sec. 6109]


population limitations related to digital

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
mobile wireless service; requires USDA
to review bonding requirements for all
programs administered by RUS. [Sec
6109]
e 1990 farm bill, as amended,No comparable provision.Reauthorizes through FY2012. Deletes Senate provision.
thorizes a rural electronic commerce[Sec. 6301]
tension program to provide assistance
ural businesses. [7 U.S.C. 59239e]
e Housing Act of 1949, as amended,No comparable provision.Amends program to include aquaculturalAdopts Senate provision.
thorizes a loan and grant program toworkers. [Sec. 6420][Sec. 6205]
ovide housing construction and
sistance to farm labor. [42 U.S.C.
iki/CRS-RL34696TLE VII: AGRICULTURAL RESEARCH
g/w
s.orructure and Funding of Research, Education, and Extension
leak
isting policy functionally categorizedFormally categorizes each existingFormally categorizes each existingDefines the terms capacity, infrastructure,
://wikiive State Research, Education,CSREES program as a “capacityCSREES program as aninfrastructureand competitive programs [Sec. 7511];
httpd Extension Service (CSREES)rams for state-level research,program orcompetitive program,” anddesignates the current level of fundingprogram (i.e., capacity program) orcompetitive program,” as in the Housecritical base funding; Hispanic-servinginstitutions; non-land grant colleges of
ucation, or extension activities asfor each category as “critical baseprovision. [Sec. 7401]agriculture [Sec. 7101]; and 1862, 1890,
rmula funded” orcompetitive.”funding. [Sec. 7101]and 1994 institutions for the purposes of
restructuring the Research, Extension,
and Economics mission area as outlined
in this act. [Sec. 7501]
e 1994 USDA reorganization actEstablishes a National AgriculturalDirects the Undersecretary to coordinateReflects the House provision but changes
rged the Extension Service with theResearch Program Office (NARPO)the programs under the authority of thethe name to the Research, Extension, and
ive State Research Service tounder the Under Secretary, with six sub-ARS and CSREES national programEducation Office (REEO). Establishes a
lish CSREES. The Agriculturaloffices organized by research focus. Theleaders, as well as the Director of theNational Institute of Food and
search Service (ARS) was establishedprovision integrates the administrativeNational Institute of Food andAgriculture as of October 1, 2009. The
ts current form in 1953. Bothfunctions of ARS’s and CSREES’sAgriculture. [Sec. 7402]new Institute comprises all the programs
encies are under the jurisdiction of therespective National Program Leaders, butof the former CSREES. [Sec. 7511]


dersecretary for Research, Extension,retains the separate agencies. [Sec. 7104]
d Economics. [7 U.S.C. 6971]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e National Research Initiative (NRI)Merges the existing NRI and IFAFSCSREES is terminated as an agency; allAmends the statute authorizing the NRI
ant program is an expansion of a 1990grant programs and groups them with allof its competitive and infrastructureto create a new Agriculture and Food
m bill program initially authorized inother competitive grant programsprograms are to be administered underResearch Initiative to make competitive
unded by annual appropriations 7currently administered by CSREES tothe National Institute of Food andgrants for fundamental and applied
. 450i). The Initiative for Futurebecome the National Institute of FoodAgriculture. [Sec. 7401]research, and for purchasing research
riculture and Food Systems (IFAFS) isand Agriculture (NIFA). [Sec. 7105]equipment. Repeals 7 U.S.C. 7621
andatory-funded grant program,(IFAFS) Authorizes $700 million
ich was first authorized in theannually from FY2008 through FY2012.
ricultural Research, Extension, and[Sec. 7406]
cation Reform Act of 1998
REERA, P.L. 105-185), reauthorized
e 2002 farm bill. [7 U.S.C. 7621]
atching funds are not required for NRICreates two categories of research grants;No comparable provision.Requires 50% matching funds for
d IFAFS grants; they may be requiredfundamental research (to be called NRIequipment grants and 100% matching
r certain applied research grants. grants); and applied research (to be calledfunds for applied research grants on
iki/CRS-RL34696AFS 7 U.S.C. 7621; NRI 7 U.S.C.IFAFS grants). Matching funds aretopics that are commodity-specific and
g/wrequired for IFAFS grants, not for NRInot of national scope. [Sec. 7406]
s.orgrants. Authorizes $500 million in
leakannual appropriations, and transfersmandatory IFAFS funds to support the
://wikimerged NRI/IFAFS program. [Sec. 7106]
httpt research and extension programsRequires the President to submit anDirects the Under Secretary for Research,Requires the President to submit an
pear as individual line items in theannual budget making a single line itemEducation, and Economics to submit aannual budget making a single line item
esidents annual budget request.request for capacity programs and aroadmap” that, among other things,request for all programs under the
single line item request for competitivedescribes recommended funding forResearch, Extension, and Economics
programs. [Sec. 7102]competitive programs and infrastructuremission area. Retains Senate language
programs as unified categories, withregarding a “roadmap.” Recommends
some flexibility in implementation. [Sec.that budget emphasis within the request
7402]for capacity/infrastructure base funding
be on certain institutions, and within
competitive base funding, on emerging
problems. [Sec. 7504 and 7506]
the National AgriculturalAdds integrating and organizing allNo comparable provision.Deletes House provision.


search, Extension, and TeachingUSDA research, extension, and education
licy Act of 1977 (NARETPA, Titleprograms; minimizing duplication; and
V of P.L. 97-98) sets out the purposesmaximizing cooperation to the purposes
agricultural research and extension.of the Departments research mission.
.S.C. 3101][Sec. 7103]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ior law limited eligibility for formulaExpands eligibility for these programs toRequires the “roadmap” to includeAdopts Senate provision. [Sec. 7504]
nded and other non-competitivepublic non-land grant institutionsconsideration of the needs of ASCARR
earch, extension, and educationoffering 4-year degrees in agricultureinstitutions in addition to those of the
rams to 1862 and 1890 institutions,(American Association of State Colleges1862, 1890, 1994, and Hispanic-serving
stitutions (tribally controlledof Agriculture and Renewable Resources,institutions. [Sec. 7402]
es), and Hispanic-servingor ASCARR institutions). [Sec. 7102]
tions. [7 U.S.C. 361a, 343 ]
ior law authorized capacity-buildingAuthorizes the appropriation of suchNo comparable provision.Authorizes capacity-building grants to
ant programs for 1890 and 1994sums as necessary for a new capacity-ASCARR institutions [Sec. 7138]; and
tions, and Hispanic-servingbuilding grant program for ASCARRchanges the term from ASCARR
tions. [7 U.S.C. 3152]institutions. [Sec. 7107]institutions to non-land grant college of
agriculture (NLGCA) institutions. [Sec.
7101]
NARETPA makes landExpands eligibility for grants/fellowshipsSimilar to the House bill. [Sec. 7007]Adopts House provision. [Sec. 7109]
iki/CRS-RL34696ant and non-land grant, high minorityfor food and agricultural sciences
g/wrollment, and secondary and post-ndary institutions eligible for highereducation to include Agriculture in theK-12 Classroom programs, nonprofit
s.orcation grants. [7 U.S.C. 3152]organizations, and other institutions of
leakhigher education. [Sec. 7206]
://wikie Hatch Act and Smith-Lever Acts setSets 25% as the minimum amount ofNo comparable provision.Deletes House provision.
http minimum amount of federal formulafederal formula funds that must be
nds spent on multi-state research andexpended on multistate research and
tension projects at either 25% or twiceextension projects. [Sec. 7603]
percentage of state matching funds,
ichever is less. [7 U.S.C. 361a, 343 ]
l work plans are required fromRequires USDA to prepare a report forSimilar to the House bill. [Sec. 7503]Requires a review of annual plans of
to receive federal funds underCongress on how to streamline thework, but does not require a report on
RETPA, the Hatch Act of 1887 (forsubmission, reporting requirements, andhow to streamline the plan-of-work
earch), and the Smith-Lever Act (forimplementation of plan-of-workprocess. [Sec. 7505]
tension). [7 U.S.C. 3101, 361a, 343 ]requirements. [Sec. 7602]
e 1998 reseach act (AREERA)Provides for the continuation, underNo comparable provision.Deletes House provision.


uires CSREES to conduct meritNIFA, of the mandatory merit and peer
iews of non-competitive research andreview processes for non-competitive and
tension grants, and peer reviews ofcompetitive grants. [Sec. 7601]
ants. [7 U.S.C. 7613]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
NARETPA limits theAmends Sec. 1462(a) to apply the 19%Raises the limitation on reimbursementRaises the limitation on reimbursement
ount of indirect costs that USDAlimitation on indirect cost reimbursementof indirect costs from 19% to 30% forof indirect costs from 19% to 22%.
burses to institutions that areto any grant the institution receives, notcompetitively awarded research,[Sec. 7132]
arded research, extension, andjust competitively awarded grants. extension, and teaching grants.
ing grants to 19%. [7 U.S.C. 3310][Sec. 7225][Sec. 7027]
)(1) of NARETPA authorizesIncreases authorized appropriations forSimilar to the House bill. [Sec. 7002]Increases the maximum annual
nal Agricultural Research,the Advisory Board from $350,000 toappropriations for the Advisory Board to
tension, Education, and Economics$500,000 annually. [Sec. 7201]$500,000. Reduces the number of Board
visory Board. [7 U.S.C. 3123]members from 31 to 24. Adds represen-
tation from crop, livestock, aquaculture
producer organizations. [Sec. 7102]
btitle K of NARETPA authorizesNo comparable provision.Authorizes $19 million annually throughAdopts Senate provision. [Sec 7529]
scellaneous programs. [7 U.S.C. 3311]FY2012 for grants to the Consortium for
Agricultural and Rural Transportation
iki/CRS-RL34696Research and Education. [Sec. 7051]
g/w AREERA authorizes peerNo provision.No provision.Amends AREERA to prohibit
s.ord merit review of research andconsideration of the availability of
leaktension grant applications. [7matching funds in reviewing grant
://wikiS.C.7613(a)]proposals. [Sec. 7301]
httpsions Affecting Certain Research Institutions
NARETPA authorizesSpecifies that the University of theSimilar to the House bill. [Sec. 7004]Makes UDC eligible to compete for food
ants/fellowships to land grant collegesDistrict of Columbia (UDC) be eligible toand agricultural sciences education
d universities for food and agriculturalreceive education grants and fellowships.grants. [Sec. 7106]
iences education. [7 U.S.C. 3152][Sec. 7204]
NARETPA authorizesExtends eligibility to UDC for grants toSimilar to the House bill. [Sec. 7020]Authorizes $750,000 in annual
ants to upgrade agriculture and foodupgrade facilities, and authorizesappropriations to upgrade agriculture and
ience facilities at the 1890 institutions. appropriations of $750,000 annuallyfood science facilities at UDC.
.S.C. 3222b]through FY2012. [Sec. 7212][Sec. 7124]
e District of Columbia Public Post-Makes UDC eligible to receive funds forSimilar to the House bill. [Sec. 7313]Makes UDC eligible for EFNEP grants.
condary Education Reorganization Actthe Expanded Food and Nutrition[Sec. 7417]


. 93-471) designates UDC as a landEducation Program (EFNEP). [Sec.
ant institution, with certain exceptions.7512]
tat. 1423]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e Hatch Act of 1887 authorizes federalExempts UDC from the matching fundsRequires 50% matching funds from theAdopts Senate provision. [Sec. 7404]
nding for agricultural research in therequirement for Hatch Act funds. District of Columbia in order for UDC to
ritories. [7 U.S.C. 361a][Sec. 7513]be eligible for Hatch Act funds. [Sec.
7304]
e 2002 farm bill amended NARETPAIncreases the level of required federalIdentical to the House bill. Adopts House and Senate provision.
o require that (1) federalsupport for (1) extension at the 1890[Sec. 7017-7018][Sec. 7121-7122]
pport for extension at the 1890institutions to 20% of the amount
tions be at least 15% of the amountappropriated for 1862 extension
ated for extension at 1862programs [Sec. 7215], and (2) research at
iversities [7 U.S.C. 3221], and (2)the 1890 schools to 30% of the amount
support for research at the 1890appropriated for research at the 1862
tions be at least 25% of the amountschools [Sec. 7216]
ated for research at the 1862
iversities. [7 U.S.C. 3222]
iki/CRS-RL34696 NARETPA definesNo comparable provision.Specifies that 1890 institutions areAdopts Senate provision. [Sec. 7120]
g/wich institutions are eligible for animal/disease funding. [7 U.S.C. 3196]eligible to receive funding for animalhealth and disease research. [Sec. 7016]
s.or
leake 2002 farm bill amended NARETPAMakes permanent the requirement thatSimilar to the House bill. [Sec. 7022]Extends 100% matching funds require-
://wikio phase in increasing statetching funds for federal formula fundsstates provide a 100% match to federalfunds for research and extension at thement for research and extension at the1890 colleges through FY2012 and
httpr research and extension at the 18901890 colleges. [Sec. 7220]amends NARETPA to update permanent
titutions, reaching the 100% matchinglaw and clarify current requirement of
el in FY2007. [7 U.S.C. 3222d]providing equal matching funds from
non-federal sources. [Sec. 7127]
the Smith-Lever Act (extension)No comparable provision.Makes 1890 institutions eligible for theAdopts Senate provision. Also stipulates
thorizes federal funds for cooperativeChildren, Youth, and Families Educationthat funds for Smith-Lever 3(d) programs
tension programs. [7 U.S.C. 343]and Research Network funds(of which CYFERNet is one) are
(CYFERNet). [Sec. 7303]competitively awarded. [Sec. 7403]
e McIntire-Stennis CooperativeNo comparable provision.Makes the 1890 institutions eligible forAdopts Senate provision. [Sec. 7412]
restry Act (P.L. 87-788) authorizesMcIntire-Stennis forestry research funds.
forestry research programs. [16[Sec. 7310]
S.C. 582]
NARETPA authorizesAuthorizes $8 million annually for grantsNo comparable provision.Amends NARETPA to authorize
ants to upgrade facilities at 1890to land grant institutions in insular areasassistance to insular area land grant
tions. [7 U.S.C. 3222]to upgrade agriculture and food scienceinstitutions, and authorizes $8 million in



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
facilities. [Sec. 7237]annual appropriations through FY2012.
[Sec. 7125]
nding for tropical and subtropicalNo comparable provision.Within miscellaneous programs, addsAdds Tropical and Subtropical
earch is provided under the Specialauthority for a Tropical and SubtropicalAgricultural Research to the list of high-
search grant program to the land grantAgricultural Research competitive grantpriority research and extension initiatives
tions in U.S. insular areas. [7program limited to the insular area landunder Sec. 1672 of the 1990 farm bill.
S.C. 450i]grant institutions and divided equallyExtends authorization of Sec. 1672
between the Caribbean and Pacificthrough FY2012. [Sec. 7204]
basins. Authorizes appropriations of
such sums as necessary. [Sec. 7038]
btitle K of NARETPA authorizesNo comparable provisionEstablishes a grant program for research,Adds Agricultural Development in the
scellaneous programs. [7 U.S.C. 3311]extension, and education programs atAmerican-Pacific Region to the list of
land grant institutions in the Americanhigh-priority research and extension
Pacific region (AK, HI). [Sec. 7041]initiatives. [Sec. 7204]
iki/CRS-RL34696 NARETPA sets aAuthorizes annual appropriations of $90Establishes UDC’s eligibility to receiveUDC is eligible to receive EFNEP funds
g/wnimum distribution level and a formulamillion; sets a minimum $100,000 annualEFNEP funds. [Sec. 7313] The bill does[Sec. 7417]. Amends NARETPA to
s.orr distribution of any annualdistribution in EFNEP funds to each landnot contain other comparable provisionsincrease the authorization of
leakation for the Expanded Food andgrant institution; sets minimum fundingin the House bill.appropriations to $90 million annually.
://wikitrition Education Program (EFNEP) incess of the previous year’s level. [7percentages for the 1890 institutionsthrough FY2013; establishes a formula toAuthorizes each institution to receive$100,000as a base amount. [Sec. 7116]
httpS.C. 3175]distribute funds to states after FY2013;
and establishes UDC’s eligibility to
receive EFNEP funds. [Sec. 7604]
NARETPA authorizesAdds extension capacity-building as oneSimilar to the House bill. [Sec. 7005]Adopts House provision. [Sec. 7107]
-building grants for research andof the purposes for which grants and
ing at high minority-enrollmentfellowships may be made to high
tions. [7 U.S.C. 3152]minority-enrollment institutions. [Sec.
7605]
NARETPA authorizesAuthorizes the grant program throughAmends NARETPA to require thatAdopts Senate provision. [Sec. 7128]


ants to Hispanic-serving institutions toFY2012 at $20 million annually. [Sec.Hispanic-serving institutions compete for
gthen educational capacity, and7221]strengthening grants; and increases the
thorized $20 million annually inauthority for appropriations to $40
propriations through FY2007. million annually through FY2012. [Sec.
.S.C. 3241]7023]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision.Establishes an endowment fund forSimilar to the House bill. [Sec. 7024]Amends NARETPA to establish an
Hispanic-serving institutions for basicendowment fund, institutional capacity-
institutional support. Authorizesbuilding program, and a competitive
appropriations through FY2012 for grantgrant program to benefit Hispanic-
programs and for collaborative extensionserving agricultural colleges and
projects at 1862 institutions. [Sec. 7222]universities; authorizes necessary funds
to be appropriated through FY2012.
[Sec. 7129]
e definition ofHispanic-servingChanges the definition of a Hispanic-Similar to the House bill. [Sec. 7001]Adopts House and Senate provision.
tion in NARETPA is based on aserving institution in NARETPA from[Sec. 7101]
rmula found in Sec. 316(b)(1) of theone based on a formula to one based on
gher Education Act of 1965. [20the total enrollment of students being at
S.C. 1059]least 25% Hispanic, as it is in the Higher
Education Act of 1965. [Sec. 7234]
iki/CRS-RL34696 NARETPA authorizesExtends eligibility for participation inSimilar to the House bill. [Sec. 7025]Adopts House and Senate provision and
g/w agencies and land granttions to participate in internationalinternational research, extension, andteaching programs to Hispanic-servingadds anti-hunger, nutrition, and foodavailability to the purposes of
s.orearch, extension, and teachinginstitutions. Gives priority to institutionsinternational programs. [Sec. 7130]
leakrams. [7 U.S.C. 3291]with existing cooperative agreements
://wikiwith federal or state agencies. [Sec.7223]
http
earch
the 1990 farm act, asAdds emphasis on the environmentalProvides $16 million annually inReflects the House bill language
ended, provides $3 million annually inimpact of organic farming and on newmandatory funds through FY2012 toconcerning new areas of program
ndatory funds to support an organicplant varieties suited to organic farming.support the organic research andemphasis. Provides a total of $78 million
riculture research and extensionAuthorizes annual appropriations throughextension initiative. [Sec. 7104]in mandatory funds in Fiscal Years 2009-
e. [7 U.S.C. 5925]FY2012 of $25 million; and provides $252012. [Sec. 7206]
million annually in mandatory funds
through FY2012. [Sec. 7310]
comparable provision.Sense of Congress that in -house fundingSimilar to the House bill. [Sec. 7505]Deletes House and Senate provisions.
for ARS research on organic agriculture
be at least commensurate with its share of
the U.S. food market. [Sec. 7608]
the 2002 farm billNo comparable provision.Authorizes annual appropriations of $30Provides $18 million in mandatory funds
tablished the Beginning Farmer andmillion through FY2012; permits grantsfor the program in FY2009, and $19



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ncher Development program. for farmers/ranchers who convert tomillion in mandatory funds in FY2010-
.S.C. 3319f]certified organic production. [Sec. 7309]2012. Authorizes $30 million in annual
appropriations (FY2008-12). [Sec. 7410]
Research
e Specialty Crop Competitiveness ActExpand information that the specialtyNo comparable provision.Adopts House provision. [Sec. 7103]
2004 (P.L. 108-465) established acrop committee provides the Advisory
ecialty crop committee to inform theBoard to include a comprehensive
visory Board on research needs. analysis of the specialty crop sector.
.S.C. 3123a(c)][Sec. 7204]
the 1990 farm act authorizesAdds new specialty crop researchSimilar to the House bill, but authorizesProvides $230 million in mandatory
earch and extension grants oninitiative to the 1998 research act$16 million annually in mandatory fundsfunds over 5 years for a specialty crop
ecialty crops as a high-priority research(AREERA). Authorizes annualthrough FY2012. [Sec. 7211]research and extension initiative;
[7 U.S.C. 5925]appropriations of $100 million throughprovides $25 million for grants to
iki/CRS-RL34696FY2012; provides $215 million annuallyin mandatory funds. [Sec. 7411]research fresh produce food safety; andauthorizes an additional $100 million in
g/wappropriated funds annually. [Sec. 7311]
s.or
leakafety research is part of USDAsAuthorizes USDA to make competitiveNo comparable provision.Includes a food safety research emphasis
earch, extension, and educationgrants to universities/others to design andin Sec. 7311, above.
://wikission area, and is included in bothimplement programs to improve the
http and extramural programs. safety of fresh-cut produce; authorizes
appropriation as necessary, with $25
million annually in mandatory funds
through FY2012. [Sec. 7511]
ion 1419A of NARETPA authorizesRequires the Food and AgriculturalAmends NARETPA to specify fourAdopts Senate provision. [Sec. 7111]
to enter into a wide varietyPolicy Research Institute (a university-university-based policy research centers
grants and other collaborativebased economic research institute, in partas eligible to receive grants under
reements with private and publicsupported by federal funds) to establish aexisting authority. Adds specialty crops
ucational institutions, corporations, andcorollary institute specializing inpolicy issues as a priority focus for these
ividuals to conduct independentspecialty crop policy research (drawingcenters activities. [Sec. 7009]
earch and public policy analysis onon university expertise in states with
d agriculture. [7 U.S.C. 3155]specialty crop production). [Sec. 7235]
oenergy Research
parable provision.Establishes a renewable energyNo comparable provision.Amends NARETPA to authorize the
committee to report to the Advisoryestablishment of a permanent renewable



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
Board concerning research needs andenergy subcommittee to the Advisory
budget recommendations. [Sec. 7203]Board. [Sec. 7104]
the 1998 research actExtends this authority through 2012.Contains an identical provision. [Sec.Adopts House and Senate provision.
REERA) authorizes public-private [Sec. 7403]7204][Sec. 7304
ive agreements to conduct pilot
ects to develop biobased products
commercial potential, and
thorizes the appropriation of such sums
necessary. [7 U.S.C. 7624]
ion 1419 of NARETPA authorizesEstablishes a bioenergy and biobasedNo comparable provision. Repeals the authority under NARETPA
ants for research on production andproducts research initiative, coordinated[Sec. 7110] and amends the 1998
rketing of alcohols and industrialby the National Agricultural Researchresearch act (AREERA) to authorize a
drocarbons from agriculturalProgram Office, focused on thebioenergy and biobased products
mmodities and forest products. [7conversion of biomass to renewableresearch initiative as in the House
iki/CRS-RL34696S.C. 3154]fuels. Authorizes $50 million annually inprovision. Incorporates several
g/wappropriations through FY2012. [Sec.7410]additional provisions from House bill andSenate amendment energy titles
s.orauthorizing research on: 1) on-farm
leakrenewable energy [H. Sec. 9010 and S.
://wikiSec. 9011]; 2) using sweet sorghum andswitchgrass to supplement corn as an
httpethanol feedstock [H. Sec. 9020]; 3)
regional biomass crop experiments [S.
Sec. 9010]; 4) renewable energy at a
laboratory in Colorado [S. Sec. 9022];
and 5) farm energy demonstration
projects [S. Sec. 9025]. [Sec. 7207]
comparable provision.Establishes a New Era Rural TechnologySimilar to the House bill. [Sec. 7043]Adopts House provision. [Sec. 7137]


Program that makes grants available to
rural community colleges and technical
centers to support training a workforce in
bioenergy, renewable energy, and pulp
and paper manufacturing; authorizes
appropriation as necessary. [Sec. 7312]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
er Research Provisions Related to Bioenergy Programs see section on Energy Programs (below)
earch Provisions
comparable provision.Authorizes USDA to establish animalRequires USDA to issue a permit to theAdopts Senate provision, but replaces the
disease laboratories, conduct research onDepartment of Homeland Security (DHS)tern National Bio- and Agro-defense Lab
diseases that constitute a threat to thefor work on live Foot and Mouth Diseasewith more general language. [Sec. 7524]
livestock industry, and gives USDAvirus at the National Bio- and Agro-
discretion over the importation anddefense Lab; clarifies only the Secretary
movement of live viruses. [Sec. 7108]of Agriculture has the authority to grant
and revoke such permits. [Sec. 11016]
NARETPA authorizesRequires the Secretary to encourageNo comparable provision.Adopts House provision. [Sec. 7118]
imal health and disease research. [7cooperation among institutions eligible to
S.C. 3195(a)]receive these funds. [Sec. 7213]
iki/CRS-RL34696e ARS National Animal Diseaseter in Ames, Iowa, is currently theNo comparable provision.Authorizes $16 million annually throughFY2012 to construct a higher-level bio-Deletes Senate provision.
g/whest bio-security lab for animalsecure ARS animal health and disease
s.orease research.facility in Bozeman, MT. [Sec. 7508]
leak
of NARETPA authorizes aNo comparable provision.Amends program to require USDA toAdopts Senate provision and clarifies that
://wikiram to defray the school loans offavor large and mixed animal practitionerlarge and mixed animal practitioner
httpterinary medical school graduates whoshortages in rural areas in initial phasesshortages have priority. Requires USDA
ree to serve for limited time periods inof program implementation. [Sec. 7003]to return to the Food Safety and
der-served areas. [7 U.S.C. 3151]Inspection Service fund that had been
transferred to CSREES. [Sec. 7105]
the 1990 farm bill, asAdds nine new subjects to the list of highAdds 14 subjects to the list of highAdopts House and Senate lists of priority
ended, authorizes USDA to makepriority research and extension areas. priority research and extension areas.areas to add 23 subjects. Eliminates
ants for research and extension projects[Sec. 7305][Sec. 7102]certain specified areas from the list
ariety of high priority topic areas.enacted in the 1990 farm bill; includes
.S.C. 5925]some of these in the larger priority area
categories in the new law. [Sec. 7204]
the 1998 research actAmends the 1998 act to encourageReauthorizes appropriations throughAdopts House provision. [Sec. 7309]


REERA) provides a one-time transferflexibility in making grants to youthFY2012. [Sec. 7209]
$8 million in mandatory funds to makeorganizations; allows the organizations to
ants to four national youth groups toredistribute grant funds among
pport pilot projects in rural areas; alsothemselves; authorizes the appropriation
ides authority for appropriationsof such sums as necessary through

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ough FY2007. [7 U.S.C. 7630]FY2012. [Sec. 7408]
umber of international agriculturalAuthorizes appropriations to establish aSimilar to the House bill. [Sec. 7042]Adopts Senate provision, which amends
earch exchange opportunities currentlyBorlaug International AgriculturalNARETPA to authorize the program and
ailable under several differentScience and Technology Fellowshipannual appropriations. [Sec. 7139]
tes. Program to promote collaboration
between U.S. and foreign agricultural
professionals and international research
systems. [Sec. 7606]
e Act of March 4, 1927, authorizes theAuthorizes the construction of a ChineseAlso authorizes construction of a ChineseAdopts House provision. [Sec. 7415]
lishment of the National Arboretum. garden at the National Arboretum, usinggarden at the arboretum, but forbids use
.S.C. 191]federal appropriations. [Sec. 7509]of appropriated funds. [Sec. 7312]
btitle K of NARETPA authorizesNo comparable provision.Authorizes appropriations for grants toAdopts Senate provision. [Sec. 7523]
scellaneous programs. [7 U.S.C. 3311]nonprofits to distribute donated vegetable
iki/CRS-RL34696seeds to community food projects in low-income areas. [Sec. 7046]
g/w
s.orNo comparable provision.Authorizes appropriations for grants toIncluded in Sec. 7204 (high priority
leaksupport farm safety education/outreach.research and extension areas).
[Sec. 7047]
://wiki
httpNo comparable provision.Authorizes appropriations for grants toIncluded in Sec. 7204 (high priority
increase participation of women/under-research and extension areas).
represented minorities from rural areas in
science, technology, engineering, and
math education/careers. [Sec. 7408]
No comparable provision.Establishes a National Farm ManagementAuthorizes competitive research and
Center to create a public benchmarkingextension grants to improve farm
database and to improve farm financialmanagement skills and create a financial
management training. [Sec. 7037]management database. [Sec. 7208]
No comparable provision.Authorizes appropriations for a researchAdopts Senate provision. [Sec. 7525]
program to develop pharmaceuticals and
agrichemicals from plant, marine, and
microbial sources. [Sec. 7049]
No comparable provision.Authorizes a $1 million annualAdds the purposes of the Senate
appropriation to support nonprofitprovision to the authorization for



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
research on international anti-hunger andinternational agricultural research,
nutrition activities. [Sec. 7050]extension, and education. [Sec. 7130]
No comparable provision.Authorizes appropriations forAdds food systems veterinary medicine
competitive grants to establish regionalto the list of high priority research and
centers of excellence in food systemsextension areas. [Sec. 7204]
veterinary medicine. [Sec. 7052]
No comparable provision.Authorizes appropriations for land grantAdds regional centers of excellence to
institutions to establish regional centersthe list of high priority research and
of excellence for agricultural commo-extension areas. [Sec. 7204]
dities (incl. poultry sustainability);
requires matching funds. [Sec. 7039]
No comparable provision.Establishes a farm and ranch stressAdopts Senate provision. [Sec. 7522]
assistance network to provide behavioral
iki/CRS-RL34696programs to U.S. producers. [Sec. 7044]
g/wNo comparable provision.Establishes a grant program focusing onAdopts Senate provision with additional
s.orcritical rural and agriculturallanguage to give priority to collaborative
leaktransportation and logistics issues facingefforts. [Sec. 7529]
producers and rural businesses. [Sec.
://wiki 7051]
http
comparable provision.Prohibits USDA from disposing of landNo comparable provision.Adopts House provisions. [Sec. 7502 and
or facilities at the Grazinglands Research7503]
Laboratory in El Reno, OK. [Sec. 7109]
Authorizes USDA to lease land at the El
Reno facility to the University of
Oklahoma. [Sec. 7111]
comparable provision.Requires scientists conducting researchNo comparable provisionDeletes provision.
on biotech crops to receive training in
USDAs biotech regulatory regime.
Authorizes the certification of third-party
providers of such training. [Sec. 7110]
comparable provision.Authorizes appropriations for a grant toNo comparable provision.Deletes provision.


update USDAs Nutrient Composition
Handbook for Beef. [Sec. 7112]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
parable provision.Sense of Congress that there should beNo comparable provision.Deletes provision.
greater support for USDA human
nutrition research. [Sec. 7113]
NARETPA authorizesEncourages setting priorities for animalNo comparable provision.Contains the House provision.
imal health and disease research. health/disease research through regular[Sec. 7119]
.S.C. 3195]regional/national meetings. [Sec. 7213]
NARETPA authorizes aAdds as a focus of human nutritionNo comparable provision.Adopts House provision. [Sec. 7113]
man nutrition research initiative. research examination of the efficacy of
.S.C. 3174]current agriculture policies in promoting
the health and welfare of economically
disadvantaged populations. [Sec. 7236]
the 1990 farm bill, asRequires USDA to give funding priorityNo comparable provision.Adopts House provision. [Sec. 7203]
ended, encourages USDA to giveto collaborative research grants. [Sec.
iki/CRS-RL34696nding priority to high-prioritylaborative research proposals. [77303]
g/wS.C. 5925]
s.or
leake 1990 farm bill authorizes researchChanges the focus of aflatoxin researchNo comparable provision.Adds the House bill language to the
d extension on aflatoxin. and extension from controlling aflatoxinauthority for high priority research and
://wiki.S.C. 5925]to improving and commercializingextension projects on aflatoxin. [Sec.
httpcontrol technologies. [Sec. 7304]7204]
e 1990 farm bill, as amended,Adds dairy cattle waste and regionalEstablishes a consortium of northeastAdds House bill language to section
thorizes a nutrient managementconcerns to the purposes of the nutrientcolleges for research on dairy nutrientreauthorizing the nutrient management
ch and extension initiative. [7management research and extensionmanagement and energy production.research and extension initiative.
S.C. 5925]initiative. [Sec. 7307][Sec. 9023] Establishes a southwest[Sec. 7205] Deletes Senate provisions.
regional dairy, environment, and private
land research program. [Sec. 11092]
) of NARETPA authorizes aNo comparable provision.Adds extension and research to the awardAdopts Senate provision. [Sec. 7108]
tional Food and Agricultural Sciencesprogram and requires at least one cash
ing Awards. [7 U.S.C. 3152]award be made per year. [Sec. 7006]
AREERA, the 1998 researchNo comparable provision.Authorizes annual appropriations of $2.5Adopts Senate provision. [Sec. 7312]


, authorizes the Food Animal Residuemillion through FY2012. [Sec. 7213]
oidance Databank. [7 U.S.C. 7642]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
DAs FY2000 appropriations act (P.L.No comparable provision.Permits the Alaskan consortia ofAdds Senate bill language to reauthori-
7) authorizes grants for education atinstitutions to designate fiscal agents forzation of the education grants program at
aska Native- and Native Hawaiian-each member institution, and to allocateAlaska Native- and Native Hawaiian-
ving institutions. [7 U.S.C. 3242]funds among members. [Sec. 7308]serving institutions. [Sec. 7112]
1994, the Federal Crop InsuranceNo comparable provision.Gives USDA authority to exchange, sell,Adopts Senate provision. [Sec. 7408]
form and Department of Agricultureor otherwise dispose of ARS animals,
thorization Act (P.L. 103-354)animal products, plants, and plant
rganized USDA, including the mergerproducts (except for seeds, germplasm).
d realignment of certain research[Sec. 7314] Authorizes a pilot program
encies. [7 U.S.C. 6971]to allow property at the ARS research
center and the National Agricultural
Library to be leased out. [Sec.7316]
search on antibiotic-resistant bacteriaNo comparable provision.Authorizes a competitive grant programAdopts Senate provision. [Sec. 7521]
estock is authorized under generalfor targeted research on antibiotic-
iki/CRS-RL34696utory authority for federal and stateresistant bacteria in livestock. [Sec. 7317]
g/wricultural research.
s.orparable provision.No comparable provision.Directs USDA to prepare a report, inAdopts Senate provision. [Sec. 7527]
leakcoordination with other federal agencies,
://wikion the prevalence of areas in the U.S.with limited access to affordable and
httpnutritious food, and to make
recommendations. [Sec. 7504]
parable provision.No comparable provision.Requires USDA to prepare a report on:Deletes provision.
(1) domestic and international markets
for products from cloned animals; and (2)
the safety of foods from cloned animals
(particularly milk). [Sec. 7507]
parable provision.No comparable provision.Provision concerning the recruitment andAdopts Senate provision. [Sec. 7528]
hiring processes for ARS and the Forest
Service, but does not directly affect
research policy. [Sec. 7502]
comparable provision.No comparable provision.Provision concerning the NationalNo comparable provision.


Finance Center and National Information
Technology Center, but not related to
USDAs research mission.[Sec. 7502]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
tended Program Authorizations
ogram under prior law in some cases.Comparable provision in some cases.Comparable provision in some cases.Human nutrition intervention and
health promotion research program
[Sec. 7114]
Pilot research program to combine
medical/agricultural research [Sec.
7115]
Continuing animal health and
disease research [Sec.7117]
Grants to upgrade agricultural and
food sciences facilities at 1890 land
grant colleges, incl. Tuskegee
University [Sec. 7123]
National research and training
virtual centers [Sec. 7126]
iki/CRS-RL34696Competitive grants for international
g/wagricultural science and education
s.or[Sec. 7131]
leak Equipment grants [Sec. 7133]University research [Sec. 7134]
://wikiExtension Service [Sec. 7135]Supplemental and alternative crops
http[Sec. 7136]
Aquaculture assistance programs
[Sec. 7140]
Rangeland grants [Sec. 7141]
Authorization for biosecurity
planning/response [Sec. 7142]
Resident instruction & distance
education grants program for
insular area institutions of higher
education [Sec. 7143]
National genetic resources program
[Sec. 7201]
National Agricultural Weather
Information System [Sec. 7202]
Assistive technology program for
farmers with disabilities [Sec.
7210]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
National Rural Information Center
Clearinghouse [Sec. 7212]
Integrated research, education, and
extension competitive grants
program [Sec. 7306]
Fusarium graminearum grants [Sec.
7307]
Bovine Johne’s disease control
program [Sec. 7308]
Agricultural biotechnology
research and development for
developing countries [Sec. 7310]
Office of pest management policy
[Sec. 7313]
Critical Agricultural Materials Act
[Sec. 7401]
iki/CRS-RL34696Equity in Educational Land-Grant
g/wStatus Act of 1994 [Sec. 7402]
s.orAgricultural Experiment Station
leakResearch Facilities Act [Sec. 7405]
Agricultural Risk Protection Act of
://wiki2000 [Sec. 7407]
http National Aquaculture Act of 1980[Sec. 7414]
National Agricultural Research,
Extension, and Teaching Policy
Act Amendments of 1985 [Sec.
7416]
peal of Program Authorizations
ram under prior law in some cases.Comparable provision in some cases.Comparable provision in some cases.Agricultural telecommuni-cations
program [Sec. 7209]
Research on honey bee diseases
[Sec. 7211]
Partnerships for high value
agricultural product quality
research [Sec. 7302]
Precision agriculture [Sec. 7303]
Biobased products [Sec. 7304]
Public education regarding the use



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
of biotechnology in producing food
for human consumption [Sec.
7411]
TLE VIII: FORESTRY
erative Forestry Programs
e Forest Land Enhancement ProgramNo reauthorization provision, allowingNo reauthorization provision, allowingNo reauthorization provision, allowing
ided financial aid for private forestprogram to terminate.program to terminate.program to terminate.
ices (mandatory spending of $100
for FY2002-07). Only about half
$100 million was spent; the remainder
s borrowed for firefighting or
celled by Congress. [16 U.S.C. 2103]
eral authority is provided for under
ooperative Forestry Assistance Act
iki/CRS-RL34696 1978 (CFAA, P.L. 95-313), as
g/wended, authorizes USDA to establish a
s.orriety of cooperative programs to
leakd manage nonfederal forest
ds. [16 U.S.C. 2101-2114]
://wiki comparable CFAA provision.Adds new priorities: (1) conservingSimilar to the House bill, but with subtleAdopts House provision with
httpworking forests, (2) protecting forestsdifferences in priorities for protecting andmodifications. [Sec. 8001]
from natural threats and restoring forests,restoring forests and for enhancing
and (3) enhancing public benefits frombenefits. [Sec. 8001]
private forests. [Sec. 8001]
parable CFAA provision.No comparable provision.Authorizes new cost-share grants forAdopts Senate provision, creating the
local governments, tribes, and non-profitsCommunity Forest and Open Space
to acquire lands threatened by conversionConservation Program. [Sec. 8003]
to non-forest uses and provide public
benefits. [Sec. 8002]
comparable CFAA provision.Adds requirements for financialAdds new requirements for financialAdopts House provision with
assistance: state-wide forest assessmentassistance: statewide forest plan tomodifications. [Sec. 8002]


of conditions, trends, threats, andidentify critical areas; address regional
priorities and strategies to address threatsneeds; and plan for managing and moni-
and describe resources. [Sec. 8002]toring forests, achieving national
priorities. [Sec. 8004]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
the CFAA definesReplacesTrust Territory of the PacificSame as the House bill. [Sec. 8005]Adopts House provision. [Sec. 8004]
tate” to include “Trust Territory of theIslands” withthe Federated States of
ic Islands.[16 U.S.C. 2109]Micronesia, the Republic of the Marshall
Islands, the Republic of Palau.
[Sec. 8003]
bsections of the CFAA provide for aReplaces USDA Committee with newExempts projects proposed by IndianAdopts House provision with
Coordinating Committee, toForest Resource Coordinating Com-tribes from State Coordinating Com-modifications. [Sec. 8005 & 8006]
ate among agencies, and for Statemittee, to coordinate among agencies,mittee recommendations. [Sec. 8003]
nating Committees, to coordinatestate agency representatives, and others.
state foresters and other interested[Sec. 8004] Modifies state committee
rties. [16 U.S.C. 2113]duties to include recommendations
concerning the new state-wide forest
assessment and strategies. [Sec. 8005]
comparable CFAA provision.Requires a Secretary-determined portionNo comparable provision.Adopts House provision. [Sec. 8007]
of funds to be allocated competitively
iki/CRS-RL34696among states. [Sec. 8006]
g/w comparable CFAA provision.Authorizes up to 5% of funding for cost-No comparable provision.Adopts House provision. [Sec. 8008]
s.orshared competitively-allocated innova-
leaktive education, outreach, or technology
transfer projects. [Sec. 8006]
://wiki
httpAA permanently authorized an Emer-ncy Reforestation program. [16 U.S.C.Authorizes a new Emergency Reforesta-tion program as part of the EmergencyEstablishes new emergency landscaperestoration program to rehabilitateAdopts House provision with changes,creating the Emergency Forest
It has not been funded sinceConservation program (16 U.S.C. 2201-croplands, grasslands, and private non-Restoration Program. Provides
1993.2204). [Sec. 8102]industrial forests following naturaldefinitions of disaster; and authorizes
disasters. [Sec. 2398]such sums as needed. [Sec. 8203]
er Forestry Provisions
comparable provision.No comparable provision.Includes definitions and makes tribesDeletes provision.
eligible for Forest Legacy funding [16
U.S.C. 2103c] and forest management
assistance. [Sec. 8101-8112]
comparable provision.No comparable provision.Authorizes Cultural and Heritage Co-Adopts Senate provision.
operation, with purposes, definitions, and[Sec. 8101-8107]


prohibition on disclosing information,
and provides for reburial of human
remains and cultural items; for temporary
area closures for traditional and cultural

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
purposes; and for free use of forest
products for traditional and cultural
purposes. [Sec. 8121-8127]
e Healthy Forests Restoration Act ofExtends program with $10 million fromMoves section to Title II (Conservation)Adopts House provision with changes.
. 108-148) authorizedthe CCC annually through FY2012. [Sec.and authorizes such sums as necessary.Provides $9.75 million annually
sements through FY2008 to protect8101]Expands purposes to support endangered(FY2009-2012). Provides permanent
ate forests for endangered speciesspecies, carbon storage, and biodiversity. easements instead of 99-year easements.
d biodiversity. [16 U.S.C. 6578]Replaces 99-year easement option withEncourages tribal participation.
permanent easement, and encourages[Sec. 8205]
tribes to participate. [Sec. 2331]
e Renewable Resources Extension ActExtends the program through FY2012.Extends the program through FY2012.Extends the program through FY2012.
1978 (P.L. 95-306) authorized educa-[Sec. 7507][Sec. 8201][Sec. 7413]
al and technical aid via state exten-
n agencies and eligible universities
d colleges. [16 U.S.C. 1671-1676]
iki/CRS-RL34696e Global Climate Change PreventionExtends the program through FY2012.Extends the program through FY2012.Extends the program through FY2012.
g/wt of 1990 within the 1990 farm bill[Sec. 8103][Sec. 8202][Sec. 8202]
s.orthorized the Forest Service Office of
leakternational Forestry through FY2007.
.S.C. 6704(d)]
://wiki
httpe 1990 farm bill, as amended,thorized Rural Revitalization ThroughExtends the program through FY2012.[Sec. 8104]No comparable provision.Adopts House provision. [Sec. 8201]
restry via technology transfer, business
sistance, and local training, through
2008. [7 U.S.C. 6601(d)(2)]
comparable provision.Authorizes competitive forestry grants toNo comparable provision.Adopts House provision. [Sec. 8402]
Hispanic-serving institutions to recruit,
retain, and trainHispanics and other
under-represented groups. [Sec. 8201]
parable provision.No comparable provision.Amends the Lacey Act Amendments ofAdopts Senate provision with changes.
1981 (P.L. 97-79; 16 U.S.C. 3371-78) toProvides definition of plant; excludes
expand restrictions on and penalties forrecycled materials; clarifies impact on
importing wild plants/parts (e.g., lumber,exports; and specifies need for
logs) removed in violation of U.S. orregulations to further define plant.
foreign laws. [Sec. 8204][Sec. 8204]
parable provision.No comparable provision.Expands boundary of Green MountainAdopts Senate provisions.
National Forest (VT) to allow additional[Sec. 8301 & 8303]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
land acquisition. Authorizes exchange/
sale of specific forest lands to Bromley
Mountain Ski Resort, with directions on
proceeds use. [Sec. 8203 & 8205]
parable provision.No comparable provision.Authorizes certain land conveyance inAdopts Senate provision, amended to
New Mexico. [Sec. 11075]authorize a land conveyance in Virginia.
[Sec. 8302]
parable provision.No comparable provision.For non-salvage timber sale contractsAdopts Senate provision with
awarded between 7/1/04 and 12/31/06,modifications. [Sec. 8401]
the purchasers may request that the
contract be cancelled, the contract
payment rate be redetermined, or a sub-
stitute Producer Price Index be used.
USDA may agree to the contract
modification, if the specified terms and
iki/CRS-RL34696limitations are met. [Sec. 8301]
g/w comparable provision.No comparable provision.Sense of Senate that the President shouldAmends the Tariff Act of 1930 to require
s.oract to ensure that imports of softwooda softwood lumber importer declaration
leaklumber from Canada are consistent withprogram to verify and reconcile data on
://wikithe U.S.-Canada Softwood LumberAgreement. [Sec. 11903]softwood lumber imports, to assureimplementation of U.S.-Canada
httpSoftwood Lumber Agreement.
[Sec. 3301]
TLE IX: ENERGY
rm and Community Energy Systems
the 2002 farm billExtends program through FY2012. Extends program through FY2012, butFolds the Energy Audit and Renewable
thorizes appropriations for the EnergyFunding continues of such sums asfolds it into the new Rural Energy forEnergy Development Program into the
dit and Renewable Energynecessary for FY2008-12. [Sec. 9004] America Program where mandatoryRural Energy for America Program.
velopment Program to provide grantsfunding is available (see next section).Amended section 9007.
tate agencies and organizations to[Sec. 9007] [Sec. 9001]
rmers and rural businesses to be
ergy efficient. [7 U.S.C. 8105]
the 2002 farm billRenames program “Rural Energy forRenames program similar to House bill.Establishes the Rural Energy for America
thorizes the Renewable EnergyAmerica Program.” Adds production andImplements energy audits for stateProgram to promote energy efficiency
stems and Energy Efficiency Programsale of electricity by renewable energyagencies, coops, educational institutionsand renewable energy development for
ssist farmers, ranchers, and ruralsystems to loan purposes, and assistanceand utilities. Provides grants, loanagricultural producers and rural small



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
sinesses with renewable energyfor feasibility studies. Reserves 15% forguarantees and incentive payments forbusinesses. Provides grants up to 25% of
stems and improving energy efficiency. small projects. Mandatory CCC funds:energy efficiency and renewable energy,cost for energy audits, renewable energy
illion annual mandatory CCC$50 million (FY2008), $75 millionand manure-to-energy projects. Reservesdevelopment, and financial assistance
nding for FY2003-07, but with annual(FY2009), $100 million (FY2010), $12520% for small projects. Establishes the(20% of funds for grants less than
ending, shortfalls lapse. million and $125 million (FY2011-Rural Energy Star program. Mandatory$20,000). Total assistance limited to
.S.C. 8106] FY2012), respectively. [Sec. 9005]funds of $230 million (FY2008),75% of cost. Provides mandatory funds:
available until expended. [Sec. 9007] $55 million (FY2009), $60 million
(FY2010), $70 million (FY2011), and
$70 million (FY2012). Authorizes $25
million in discretionary funds annually
(FY2009-12). Amended section 9007.
[Sec. 9001]
comparable provision.Establishes the Farm Energy ProductionNo comparable provision.Deletes provision. The conferees state
Pilot Program, with matching grants (upthe goals of this provision are addressed
to 75% of cost) to demonstrate energy-in Section 7207 of Title VII (Research).
iki/CRS-RL34696neutral farms with existing technologies.Authorizes appropriations of $5 million
g/w(FY2008-12). [Sec. 9010]
s.or
leak comparable provision.Establishes Future Farmsteads ProgramSimilar to the House bill. [Sec. 9025] Deletes provision. The conferees state
to equip and demonstrate five farms andthe goals of this provision are addressed
://wikifarm households in five regions withenergy efficient/producing technologies. in Section 7207 of Title VII (Research).
httpAuthorized appropriations of such sums
as necessary. [Sec. 9015]
comparable provision.Establishes Community Wood EnergyProvides matching grants for use of local,Establishes the Community Wood
Program, with matching grants (up tosustainable wood sources for aEnergy Program, providing grants of up
50%) for use of local, sustainable woodcommunity wood energy system basedto $50,000 for up to 50% of the cost for
sources for a community wood energyon a Community Wood Energy Plan. communities to plan and install wood
system. Authorizes appropriations ofAuthorizes appropriations of $5 millionenergy systems in public buildings.
such sums as necessary. [Sec. 9019]annually (FY2008-12). [Sec. 9014] Authorizes $5 million in discretionary
funds annually (FY2009-12). Amended
section 9013. [Sec. 9001]
comparable provision.No comparable provision.Establishes New Century Farm Project toDeletes provision. The conferees state
develop and operate sustainable andthe goals of this provision are addressed
integrated biomass biofuel productionin Section 7207 of Title VII (Research).


systems. Authorizes one-time funding of
$15 million (FY2008-FY2012) until
spent. [Sec. 9011]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision.Establishes the Rural Energy Self-Establishes the Rural Energy SystemsEstablishes the Rural Energy Self-Suffi-
Sufficiency Initiative, providing grants toRenewal program, with matching grantsciency Initiative, providing cost- share
increase community energy self-(up to 50% of project cost) to fund(up to 50%) grants for rural communities
sufficiency. Provides discretionarycommunity energy renewal projects. to assess energy systems and to make
appropriations of $5 million authorizedAuthorizes annual appropriations of $5improvements. Authorizes $5 million in
for FY2008 and such sums as necessarymillion (FY2008-12). [Sec. 9015] discretionary funds annually (FY2009-
for FY2009-12). [Sec. 9013] 12). Amended section 9009. [Sec. 9001]
comparable provision.No comparable provision.Establishes program to provide grants toDeletes provision. The conferees state
Northeast land-grant universities forthat the nutrient management research
research, extension, and demonstrationand extension initiative are addressed in
projects for dairy nutrient managementSection 7204 of Title VII (Research).
and energy development in the Northeast.
Authorizes discretionary funds of such
sums as are necessary. [Sec. 9023]
comparable provision.No comparable provision.Establishes Voluntary RenewableDeletes provision.
iki/CRS-RL34696Biomass Certification Program to certify
g/wbiomass feedstocks meet standards
s.ordesigned to reduce greenhouse emissions
leakand improve soil carbon content while
protecting wildlife habitat/environment.
://wikiNo funds authorized. [Sec. 9016]
httpparable provision.No comparable provision.Creates Rural Energy Self SufficiencyDeletes provision. The conferees state
program (five annual matching grants upthe goals of this provision are addressed
to 75% of cost) for rural communitiesin section 7204 of Title VII (Research).
with other institutions to increase energy
self-sufficiency through integrated
renewable energy systems. Authorizes
$5 million (FY2008) and such sums as
necessary (FY2009-12). [Sec. 9011]
ofuel Feedstocks
the 2002 farm bill extendedExtends the Biomass Research &Extends the Biomass Research &USDA and DOE shall continue to
iomass Research and DevelopmentDevelopment Act of 2000 from 2007 toDevelopment Act of 2000 from 2007 tocoordinate biofuels and biobased
t of 2000 (P.L. 106-224), providing2012. Mandatory CCC funding of $352012, and incorporates it into the farmproducts research and development
ants and financial assistance from themillion (FY2008), $60 million (FY2009),bill. Mandatory CCC funding of $15programs under the Biomass Research &
artment of Energy (DOE) and USDA$75 million (FY2010), $100 millionmillion (FY2008), $25 million (FY2009),Development Act of 2000 through the
tablish a technical advisory(FY2011), $150 million (FY2012). $35 million (FY2010). AuthorizesBiomass Research and Development
mittee and a Biomass Research andAuthorizes appropriations of $200appropriations of $85 million annuallyBoard. Provides competitive grants,



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
velopment Board. Mandatory fundsmillion annually (FY2006-15). [Sec.(FY2008-12). [Sec. 9008] contracts, and financial assistance for
$5 million (FY2002); $14 million9008]research, development, and demon-
lly (FY2003-07). Authorizedstration of biofuels and biobased products
ditional annual appropriations of $49Provides mandatory funding: $20 million
(FY2002-07). [7 U.S.C. 8101] (FY2009), $28 million (FY2010), $30
million (FY1022), and $40 million
(FY2012). Authorizes $35 million in
discretionary funds (FY2009-12).
Amended section 9008. [Sec. 9001]
comparable provision.Establishes the Feedstock FlexibilitySimilar to the House bill. [Sec. 1501] Adopts the House provision with
Program, authorizing the use of CCCmodifications. Amended section 9010.
funds to purchase sugar to be resold as a[Sec. 9001]
biomass feedstock to produce bioenergy.
[Sec. 9013]
comparable provision.Establishes the Renewable WoodySimilar to the House bill. Authorizes $5Requires the Forest Service to conduct a
iki/CRS-RL34696Biomass for Energy Program, providingmillion annually (FY2008-12). [Sec.competitive research and development
g/wForest Service grants to encourage the9013]program to encourage use of forest
s.oruse of woody renewable biomass forbiomass for energy. Adopts the House
leakenergy. Mandatory funds of $15 millionprovision with amendments. Authorizes
annually (FY2008-12). [Sec. 9019]$15 million per year for FY2009-12.
://wikiAmended section 9012. [Sec. 9001]
http comparable provision.Establishes the Biomass Energy ReserveEstablishes the Biomass Crop TransitionEstablishes the Biomass Crop Assistance
(BER). Provides financial and technicalProgram, providing technical/financialProgram (BCAP). Provides USDA
assistance to landowners and operators toassistance to agricultural producers forcontracts with producers to promote the
grow dedicated energy crops as feedstockproduction, collection, harvest, storageproduction of bioenergy feedstock crops
for cellulosic ethanol and other energyand transportation of biomass crops fornot primarily grown for food or animal
production. Incentives cover harvesting,use in a biorefinery. Directs USDA tofeed. Also provides payments to eligible
storing, and transporting of biomass tocollect and disseminate information onentities through contracts for collection,
bioenergy facilities. BER projects wouldproduction potential, environmentalharvest, storage, and transportation of
be within a 50-mile radius of a bioenergyimpacts, and best practices. Authorizesrenewable biomass material for use in a
facility. Authorizes mandatory fundingmandatory funds: $130 million forbiomass conversion facility. Provides
of such sums as necessary. [Sec. 9018]FY2008 and $10 million annually fordiscretionary CCC funding of such sums
FY2009- 11, available until expended.as necessary annually for FY2008-12.
[Sec. 9004] Amended section 9011. [Sec. 9001]
comparable provision.No comparable provision.Establishes Regional Biomass CropEstablishes a program to award
Experiment Grants for regional biomasscompetitive grants for projects with a
production experiments by land grantfocus on supporting on-farm biomass
institutions. Mandatory CCC funds: $10crop research and the dissemination of



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
million (FY2008), $20 million (FY2009),results to enhance the production of
$10 million (FY2010); also authorizesbiomass energy crops and the integration
appropriations of such sums as necessaryof such with the production of bioenergy.
(FY2008-12). [Sec. 9010]Moves this provision to Title VII
(Research). [Sec. 7207]
the 2002 farm bill requiresExtends the federal procurementExtends the program and refines federalAdopts Senate provision with changes.
agencies to purchase biobasedprogram; sets biobased component ofprocurement rules for biobased products. Extends the federal biobased procure-
cts and authorizes a voluntaryproduct at 5% minimum; and revises theRequires federal agencies to maximizement program. Eliminates the 5%
ed labeling program. USDA setsdeadline for USDA to set labelingprocurement of biobased products andminimum biobased content. Continues
rement regulations. Provides $1requirements. Authorizes appropriationssubmit reports to Congress. Continuesvoluntary labeling. Authorizes
n in mandatory CCC annualof $1 million for procurement provisionsvoluntary labeling. Establishes testingmandatory funding of $1 million for
nding (FY2002-07) for testingand $1 million for labeling provisionscenters and education grants. AuthorizesFY2008 and $2 million annually for
ed products. [7 U.S.C. 8102] (FY2008-13). [Sec. 9002] $3 million in annual mandatory fundsFY2009-12. Authorizes discretionary
(FY2008-12). [Sec. 9002] appropriations of $2 million annually for
FY2009-2012 for testing and labeling.
iki/CRS-RL34696Amended section 9002. [Sec. 9001]
g/w the 2002 farm bill providesRenames as “Biorefinery andRenames as “Biorefinery andProvides funds for repowering assistance
s.orants to help finance biorefineries andRepowering Assistance.” Provides costRepowering Assistance.” Provides costto reduce or eliminate their use of fossil
leakfuel plants for demonstration. Nosharing grants; adds loan guarantees forsharing grants (up to 50%) and loanfuels for biorefineries in existence at
ndatory funds were authorized; nonew and developing technologies forguarantees (up to 80%) to assist new andenactment. Provides mandatory CCC
://wikicretionary funds were appropriated. plementing regulations have beenadvanced cellulosic bioenergy productionand biorefinery repowering. Mandatorydeveloping technologies focusing onadvanced cellulosic bioenergy productionfunding of $35 million, available untilexpended. Provides discretionary
httpeloped. [7 U.S.C. 8103] CCC funds: $75 million (FY2008); $100and biorefinery repowering. Authorizesfunding of $15 million annually for
million (FY2009); $125 millionmandatory CCC funds of $300 millionFY2009-12. Amended section 9004.
(FY2010); $200 million (FY2011); andfor FY2008 to be made available until[Sec. 9001]
$300 million (FY2012). [Sec. 9003] expended. [Sec. 9005]
comparable provision.No comparable provision.Establishes E-85 fuel program, providingDeletes provision.
grants for E-85 fuel infrastructure.
Authorizes discretionary funding of $20
million (FY2008-12) to be available until
expended. [Sec 9021]
ofuel Research and Education
e 2002 farm bill amended the SunExtends program through FY2012, andSimilar to the House bill. Provides grantsContinues sun grant program. Provides
t Research Initiative Act of 2003 toadds new center in Hawaii. [Sec. 9008]to other land grant institutions withinmatching grants to sun grant centers to
tablish bioenergy research programseach region, in addition to designateddevelop, distribute, and implement
ough grants to land grant institutionscenters. Authorizes mandatory funds ofbiobased energy technologies and to
d five regional centers. Authorizes$5 million (FY2008) and $10 millionpromote diversification and sustainability



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
s: $25 million (2005), $50(FY2009-10) until expended, andof agricultural production, and economic
(2006), and $75 million annuallydiscretionary annual appropriations ofdiversification in rural areas through
Y2007-10). [7 U.S.C. 8109] $70 million (FY2008-15). [Sec. 9009] biobased energy and product
technologies. Establishes a Sun Grant
Information Analysis Center. Requires
annual reports. Discretionary funds of
$75 million for FY2008-12 are
authorized. [Sec. 7526]
the 2002 farm bill providesNo comparable provision.The House bill amends Section 1417(j)Adopts Senate provision with
earch grants on production/marketingof NARETPA by adding agricultureamendment to repeal this section from
alcohols and industrial hydrocarbonsprograms for grades K-12 to the purposesprior law. [Sec. 7110]
agricultural and forest products. of these grants. [Sec. 7008]
thorized annual appropriations of $20
(FY1991-2007). [7 U.S.C. 3154]
the 2002 farm bill providesExtends the Biodiesel Fuel EducationSimilar to the House bill. [Sec 9003] Adopts House and Senate provision
iki/CRS-RL34696r the Biodiesel Fuel Education ProgramProgram. Provides annual mandatoryexcept provides mandatory CCC funding
g/w grants to educate fleet operators andfunding of $2 million (FY2008-12). [Secof $1 million annually (FY2008-12).
s.or public on biodiesel benefits. Annual9017]Amended section 9006. [Sec. 9001]
leakndatory CCC funding of $1 million
Y2003-07). [7 U.S.C. 8104]
://wiki the 2002 farm bill providesThe House bill extends the section 221ofNo comparable provision, but authorizesAdopts House provision. [Sec. 7407]
httpr Cooperative Research and Extensionthe Agricultural Risk Protection Act ofUSDA to continue to provide for grants
ects, encouraging research on carbon2000 (ARPA) through 2012. (Sectionto the Consortium for Agricultural Soils
uestration in soils and plants, and the7506)Mitigation of Greenhouse Gases to
le of agriculture in greenhouse gasdevelop, analyze, and implement carbon
issions. [7 U.S.C. 6711] cycle and greenhouse gas management
research through cooperative research at
the land grant universities. Authorizes
appropriations of $15 million annually
(FY2008-12). [Sec. 7315]
the 2002 farm bill providesRenews and extends the “BioenergySimilar to the House bill. Bases paymentsEstablishes the Bioenergy Program for
r the Bioenergy Program, continuingProgram for Advanced Biofuels throughon: biofuel production; feedstock prices;Advanced Biofuels. Provides payments
tive payments to biofuel producersFY2012. Excludes ethanol producedand net non-renewable energy fuelto producers to support and expand
ed on year-to-year productionfrom corn starch; expands eligibility forcontent. Benefits purchasers ofproduction of advanced biofuels.
reases. Annual mandatory CCCproduction incentives for combined heatfeedstocks for cellulosic biofuels andProvides mandatory funding of $55
nding of $150 million (FY2002-06),and power production using biomass atbiodiesel; excludes those who claim amillion (FY2009), $55 million (FY2010),
t no funding authorized for FY2007. biofuels plants. Provides mandatorybiofuel production tax credit or who$85 million (FY2011), and $105 million
.S.C. 8108] CCC funding of $225 million (FY2008),produce more than 150 million gallons(FY2012). Authorizes additional



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
$250 million (FY2009), $275 millionper year. One-time mandatory funding ofappropriations of $25 million annually
(FY2010), $300 million (FY2011), and$245 million (FY2008-12), available(FY2009-12)Amended section 9005.
$350 million (FY2012). [Sec. 9007] until expended. [Sec. 9006][Sec. 9001]
comparable provision.Establishes grants for Biochar Research,No comparable provision.Deletes provision. Includes biochar
Development, and Demonstration. research as a high-priority area in Title
Annual authorized appropriations of $3VII (Research). [Sec. 7203].
million (FY2008-12). [Sec. 9012]
parable provision.Sense of Congress on renewable energyNo comparable provision.Deletes provision.
production, use, and benefits. [Sec. 9016]
parable provision.No comparable provision.Sense of Congress on ethanol blends, andDeletes provision.
need for inter-agency cooperation to
encourage increased production of
intermediate ethanol blends between
E-10 and E-85. [Sec 9002]
iki/CRS-RL34696parable provision.No comparable provision.Sense of Congress regarding research,Deletes provision. The managers
g/wextension and education programs onencourage USDA to continue to allow
s.orbiofuels and bioproducts. [Sec. 9004]and support these activities.
leak comparable provision.Authorized appropriations for a pilotNo comparable provision.Deletes this provision.
://wikiprogram for academic internships withgovernment, private, or non-profit
httpinstitutions. [Sec 9015]
parable provision.No comparable provision.Directs USDA and other agencies toRequires joint USDA, DOE, EPA
submit reports: growth potential forstudies: (1) infrastructure needs
cellulosic material [Sec. 9024]; biofuelsassociated with significant expansion in
infra-structure [Sec, 9018]; rural nitrogenbiofuels production and use [Sec. 9002];
fertilizers [Sec. 9019]; and life-cycleand (2) rural nitrogen fertilizer study,
analysis of biofuels [Sec. 9020].with appropriations authorized at $1
million (FY2009) [Sec. 9003]
parable provision.No comparable provision.Directs USDA and other agencies onDeletes provision. The conferees state
Research and Development of Renewablethe goals of this provision are addressed
Energy, including farm to fuel researchin section 7207 of Title VII (Research).


on biofuel production; and research on
small scale wind and solar energy
production and fuel cells. Annual
authorized appropriations of $5 million
(FY2008-12), and annual appropriations
of $110 million for cellulosic biofuel

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
research (USDA) and $110 million for
smaller-scale biorefineries and plant
research (DOE). [Sec. 9022]
er Renewable Energy Provisions
parable provision.No comparable provision.Directs USDA report on the potentialAdopts Senate provision. [Sec. 11014]
economic issues (including costs)
associated with animal manure used in
normal agricultural operations and as a
bioenergy feedstock. [Sec. 10307]
the 2002 farm bill providesSame as prior law.Keeps prior lawKeeps prior law definitions, but addsAdopts Senate provision with changes.
r definitions, including biomass,definitions, but adds definitions fordefinitions for advanced biofuels,Adds definitions for advanced biofuels to
ed product, biomass, renewableadvanced biofuels, biofuel, biomassbiofuel, biomass conversion facility,include home heating fuels and aviation
ergy and small rural business conversion facility, biorefinery,biorefinery, feedstock, among others. and jet fuels from cellulosic biomass.
.S.C. 8101] feedstock, among others. Adds ocean andAdds ocean and hydroelectric power toAmended section 9001. [Sec. 9001]
iki/CRS-RL34696hydroelectric to the renewable energythe renewable energy definition. [Sec.
g/wdefinition. [Sec. 9001] 9001]
s.or comparable provision.Establishes the USDA Energy Council toSimilar to the House bill, in that it wouldDeletes the House and Senate provision.
leakcoordinate energy related activitiesestablish an entity at USDA to provideThe managers express their support of a
within USDA and between USDA andoversight and coordination, liaise withsingle entity at USDA to coordinate
://wikiother agencies. [Sec. 9017] Establishesother federal departments, evaluate newactivities in the Senate bill.
httpan entity at USDA to provide oversightbiobased products, and maintain a
and coordination, liaison activities,database of biobased research and best
biobased product evaluation, andpractices. [Sec. 9017]
database maintenance. [Sec. 9009]
parable provision.No comparable provision.No comparable provision.Directs the Secretary of the Treasury, in
consultation with other agencies, to
request that the National Academy of
Sciences produce an analysis of current
scientific findings relating to the future
production of biofuels and its domestic
impacts. [Sec. 15322]
TLE X: HORTICULTURE AND ORGANIC PRODUCTION
arketing and Trade Promotion, Consumer Access
comparable provision.No comparable provision.Sets definitions to apply throughout oneAdopts Senate provision with an
of the bill’s subtitles the terms “specialtyamendment to remove the definition of



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
crop”, “state”, and “state department ofthe termState.” [Sec. 10001]
agriculture.” [Sec. 1801]
comparable provision.Requires an independent evaluation ofNo comparable provision.Adopts House provision with changes to
the commodity purchasing processes andrequire the Secretary to arrange to have
the importance of increasing purchases ofperformed an independent evaluation of
specialty crops. [Sec. 10104]the purchasing processes used by USDA
to implement the requirement that funds
available under Section 32 be principally
devoted to perishable agricultural
commodities. [Sec. 10101]
e Specialty Crops Competitiveness ActReauthorizes the block grant programContains an identical provision, exceptAdopts House provision with changes to
2004 [P.L. 108-465, 7 U.S.C. 1621through FY2012 and provides mandatorythat funding ends after FY2011. specify that any funds made available for
te] established a program of blockfunding starting at $60 million inSpecifies that turfgrass sod and herbala fiscal year under the program that are
ants to states to support projects inFY2008, rising to $95 million incrops also are specialty crops. not expended by certain date, to be
iki/CRS-RL34696rketing, research, pest management,FY2012. Increases the number of U.S.[Sec. 1841]determined by USDA, will be reallocated
g/wd food safety, among other purposes. thorizes $44.5 million annuallyinsular areas eligible to receive grants. [Sec. 10102]to other States; change the minimumgrant amount to $100,000 or one-third of
s.orough FY2009.1% of the overall funding allocated to the
leakprogram in a given fiscal year (whichever
://wikiis higher). Provides mandatory funding:$10 million (FY2008); $49 million
http(FY2009); and $55 million annually
(FY2010-2012). [Sec. 10109]
e Farmer-to-Consumer DirectExpands the types of activities that areReauthorizes the Farmers MarketAdopts Senate provision with an
keting Act established a Farmers’eligible for funding. Renames programPromotion Program and providesamendment to specify that 10% of the
et Promotion Program promotethe Farmer Marketing Assistancemandatory funds of $5 million annuallyfunds available to carry out the program
mers’ markets, authorizing annualProgram. Provides annual mandatoryin FY2008-11, and $10 million inbe used to implement electronic benefit
propriations for grants to localfunds of $5 million (FY2008-10) and $10FY2012. [Sec. 1812]transfer systems at farmers markets;
vernments, and nonprofitmillion (FY2011-12). [Sec. 10404]and to specify mandatory funding:
ganizations. [7 U.S.C. 3005] $3 million (FY2008); $5 million annually
(FY2009-2010); $10 million annually
(FY2011-2012). [Sec. 10106]
comparable provision.Authorizes grants to a variety of publicSimilar to the House bill, but with minorAdopts House provision with changes to
and private entities to improvetechnical differences. allow national/state/regional organiza-
transporting specialty crops to markets.[Sec. 1842]tions of producers, shippers or carriers to
be eligible for grants. [Sec. 10403]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provision.No comparable provision.Requires the Government AccountabilityDeletes Senate provision.
Office (GAO) to investigate the impact
on specialty crops of lowering foreign
trade barriers and to prepare a strategy
for addressing the issue. [Sec. 1831]
parable provision.No comparable provision.Encourages USDA and the U.S. TradeDeletes Senate provision.
Representative to increase attention to
sanitary and phytosanitary trade issues,
and to develop a strategic risk
management framework. [Sec. 1833]
comparable provision.Establishes a grant program entitled theAuthorizes a grant program to establish aAdopts Senate provision with changes to
Healthy Food Urban Enterprise ProgramHealthy Food Enterprise Developmentplace language for the Healthy Urban
to support feasibility studies onCenter, providing information andFood Enterprise Development Center
improving the access of underservedtechnical assistance to entities to makewithin the Community Food Projects
iki/CRS-RL34696communities to affordable, locallyaffordable, locally produced, nutritiousstatute. Clarifies that subgrants may be
g/wproduced, nutritious food. Authorizesannual appropriations for this purpose.food available in underservedcommunities. Provides $1 million inused to establish and facilitate enterprisesthat process, distribute, aggregate, store,
s.or[Sec. 10405]mandatory funds (FY2009); $2 millionand market healthy affordable foods.
leakannually (FY2010-12). [Sec. 1843]Limits allocations for administrative
://wikiexpenses. Provides $1 million in fundingannually (FY2009-2011) and authorizes
http$2 million (FY2012). [Sec. 4402]
ecialty Crop Provisions Related to Nutrition Programs see section on Nutrition Programs (below)
e 2002 farm bill established a cost-Provides a one-time transfer (FY2008) ofSimilar to the House bill, and requires anAdopts Senate provision but deletes the
are program to help producers and$22 million in mandatory funds toannual report to the House and Senatecap on the federal cost share.
ndlers of organic products obtaincontinue the cost-share program, caps theAgriculture Committees on cost-share[Sec. 10301]
tification under the National Organicfederal share of certification cost at noexpenditures in each state. [Sec. 1823]
ram (NOP), and provided a one-timemore that 75%, and raises the maximum
sfer of $5 million in mandatory cropamount a producer can receive from $500
ance funds. [7 U.S.C. 1524]to $750. [Sec. 10301]
e 2002 farm bill required USDA toProvides $3 million in mandatory CCCSimilar to the House bill and provides aAdopts Senate provision with changes to
egregated data on organicfunds to support data collection andone-time transfer of $5 million forclarify USDAs data collection, analysis,
ction and marketing. [7 U.S.C.analysis on organic production,segregated data collection and analysis.and survey development requirements,
marketing, pricing, and crop loss risk.[Sec. 1821]and to specify the contents of USDAs



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
[Sec. 10302]report to the House/Senate Agriculture
Committees. Provides $5 million in
mandatory funding, with an additional
authorization of appropriations of $25
million (FY2008-2012), further
specifying that $3.5 million in funding be
allocated to AMS to collect and distribute
comprehensive reporting of prices
relating to organically produced
agricultural products. [Sec. 10302]
parable provision.Authorizes $50 million subject toProvides for technical assistance andDeletes House provision, but includes
appropriations over the life of the farmcost-sharing under the Environmentallanguage addressing the goal of
bill to provide technical assistance andQuality Incentives Program (EQIP) toproviding technical assistance to farmers
cost-sharing grants to producers seekingproducers seeking to convert to organictransitioning to organic farming under
to convert from conventional to organicproduction. [Sec. 2361] Authorizesthe EQIP program [Sec. 2501] of the
iki/CRS-RL34696production. [Sec. 10303]grants for this purpose under theconservation title.
g/wBeginning Farmer and Rancher
s.orDevelopment Program. [Sec. 7309]
leaksessments are exempted underNo comparable provision.Allows producers who have part of theirDeletes Senate provision.
://wikirketing orders for conventionally-own fruits and vegetables, forfarm certified organic under the NOP toreceive the exemption. [Sec. 1822]
httpcers whose operations are 100%
ganic. [7 U.S.C. 7401]
e Organic Foods Production Act ofNo comparable provision.Specifies increased authorized annualAdopts Senate provision with changes to
thorizes appropriations of suchfunding levels for the NOP, starting at $5provide such additional sums as are
ms as necessary for the Nationalmillion in FY2008 and rising to $11necessary. [Sec. 10303]
ganic Program. [7 U.S.C. 6522] million in FY2012. [Sec. 1824]
comparable provision.Provides grants using Section 32 funds (7No comparable provision.Deletes House provision.
U.S.C. 612c) to help urban gardening and
greenhouse projects to purchase and
operate organic fruit and vegetable
gardens and greenhouses. [Sec. 10103A]
st and Disease Control
comparable provision.Establishes a cooperative program withSimilar to the House bill, with technicalAdopts Senate provision with changes to
state agriculture departments to conductdifferences. Provides mandatory fundsdescribe the application process; prohibit



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
early pest detection and surveillancestarting at $10 million (FY2008), risingUSDA from considering nonfederal
activities and create action plans, amongto $64 million (FY2012). [Sec. 12101(f)]funds; direct USDA to consider risk
other things. Provides mandatory fundsfactors when considering an application;
starting at $10 million (FY2008), risingand express disapproval of a cost-sharing
to $70 million (FY2012). [Sec. 10201]rule for animal and health emergency
programs. Specifies mandatory funds:
$12 million (FY2009); $45 million
(FY2010); $50 million (FY2011); and
$50 million (FY2012). [Sec. 10201]
comparable provision.Authorizes the appropriation of $15No comparable provision.Deletes House provision.
million for the construction of a sterile
fruit fly rearing facility in Waimanalo,
Hawaii, and the appropriation of $1
million annually thereafter. [Sec. 10202]
iki/CRS-RL34696 comparable provision.Authorizes the appropriation of necessarySimilar to the House bill, with technicalAdopts Senate provision with an
g/wfunds through FY2012, in addition to $20million annually in mandatory funds, todifferences. [Sec. 1851]amendment to add NLGCA institutionsto the list of entities that USDA shall
s.orcreate a National Clean Plant Networkconsult with to carry out the program.
leakwhere the specialty crop industry canSpecifies mandatory funding: $5 million
://wikiobtain pest- and disease-free plantingstock. [Sec. 10404]annually (FY2009-2012). [Sec. 10202]
http
e Plant Protection Act (PPA) [7 U.S.C.No comparable provision.Modifies penalties in the PPA asAdopts Senate provision with changes to
seq.] authorizes USDAs Animalfollows: $500,000 for each violationstrike the change to the statute of
d Plant Health Inspection Serviceadjudicated in a single proceeding;limitations, to expand the penalties to
PHIS) to cooperate with states,$1,000,000 for each violation adjudicatedcover any willful violation of the PPA,
d others to prevent the spreadin a single proceeding involving aand to clarify subpoena authorities of
and eradicate invasive pests andgenetically modified organism. RequiresUSDA under the PPA. Modifies the
eases.an action, suit or proceeding regarding aability of the executive branch to delay
violation of the PPA to be considered nothe provision of compensation for
later than 5 years after the date theeconomic losses. [Sec. 10203]
violation is initially discovered byIdentical amendments were made to the
USDA. [Sec. 11017]Animal Health Protection Act in the
livestock title. [Sec. 11012]
e PPA [7 U.S.C. 7701 et seq.]No comparable provision.Requires USDA, no later than 18 monthsAdopts Senate provision, with
thorizes USDAs activities under theafter enactment, to take action on eachmodification. [Sec. 10204]


deral Coordinated Framework for theissue identified in the document “Lessons
gulation of Biotechnology. APHISLearned and Revisions under Consider-

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ulated the importation, interstateation for APHIS’ Biotechnology Frame-
vement, and field testing ofwork,” dated October 4, 2007; and as
netically engineered organisms thatUSDA considers appropriate, to
y pose a plant risk. promulgate regulations to improve the
management and oversight of articles
regulated under the PPA, among other
specified action items. [Sec. 11077]
Safety Provisions
e Agricultural Adjustment Act governsAuthorizes the implementation ofNo comparable provision.Deletes House provision.
ms and conditions of marketingquality-related food safety programs
applicable to specifiedunder marketing orders for specialty
mmodities. [7 U.S.C. 608c(6)] crops. [Sec. 10106]
comparable provision.Authorizes appropriation of necessarySimilar to the House bill, and authorizesAdopts Senate provision, authorizing
iki/CRS-RL34696sums to implement a program to educatefresh produce industry personnel and$1 million in annual appropriations forthat purpose. [Sec. 1813]appropriations of $1 million annually(FY2008-2012) to remain available until
g/wconsumers about ways to reduceexpended. [Sec. 10105]
s.orpathogens in fresh produce. [Sec. 10110]
leak
ster Assistance
://wiki
httpe 2002 farm bill established the TreeMakes nursery tree growers eligible forMakes nursery tree growers eligible forAdopts Senate provision with changes to
sistance Program to compensatedisaster assistance under the program,disaster assistance, increases the limit onmodify the reimbursement cost of
mmercial orchardists for losses due toincreases the limitation on annualannual assistance to $100,000, addsreplanting trees lost from a natural
tural disasters and authorized annualassistance from $75,000 to $150,000, and reimbursement for orchard managementdisaster; amend the Federal Crop
ations for the program. [7 U.S.C.continues appropriations authority.to repair losses, and provides necessaryInsurance Act with a provision identical
[Sec. 10101]mandatory funding over the life of theto that in the Trade Act of 1974; and to
farm bill. [Sec. 1210(e)]make other technical changes. The
Managers report clarifies the insurance
requirement for eligibility applies only to
insurance on crops and not underlying
vines/trees. [Secs. 12033 and 15101]
or Data Collection
comparable provision.Authorizes necessary funds throughAuthorizes $9 million annually in fundsAdopts Senate provision with changes to
FY2012 to support the collection andto support market news and priceauthorize appropriations $9 million
dissemination of market news forinformation on specialty crops. annually (FY2008-2012) to remain
specialty crops. [Sec. 10402][Sec. 1811]available until expended, in addition to



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
available annual appropriations for
market news services. [Sec. 10107]
e 1997 Census of Agriculture ActAmends the 1997 law to include a censusAllows USDA to include a census ofAdopts House provision. [Sec. 10103]
. 105-113) authorizes a Census ofof specialty crops as part of the Census ofspecialty crops in the Census or to
riculture to be taken every 5 years.Agriculture. [Sec. 10107]conduct a separate census of specialty
.S.C. 2204g(a)]crops not later than the end of FY2008
and every 5 years thereafter. [Sec. 1814]
her Commodity-Specific Provisions
comparable provision.Requires USDA to submit a report on theNo comparable provision.Deletes House provision.
investigation of honey bee colony
collapse disorder and strategies to combat
the problem. [Sec. 10001]
iki/CRS-RL34696e Honey Research, Promotion, andnsumer Information Act (P. L.No comparable provision.Amends the Honey Research, Promotion,and Consumer Information Act withAdopts Senate provision with changes todiscontinue the current Honey Board
g/w590), as amended, provides forprovisions regarding the Honey Boardafter USDA conducts a referendum for
s.ornated research, promotion, andand referenda on the honey research andhoney producers or honey packers,
leaknsumer information to expand theirpromotion order. [Sec. 1854]importers and handlers. Requires USDA
rkets for honey. [7 U.S.C. 4601 note]to act as a fiduciary in conducting the
://wikireferenda. [Sec. 10401]
http
comparable provision.No comparable provision.Amends 7 U.S.C. 1622(h) to require theAdopts Senate provision with changes to
USDA grading or inspection mark bespecify that violations of the labeling
located close to the country of originrequirements of this section, with respect
label on packaged honey. [Sec. 1855]to honey, may be deemed by USDA as
sufficient cause for debarment from the
benefits of the Agricultural Marketing
Act of 1946. [Sec 10402]
e Agricultural Adjustment Act requiresAdds clementines to the list ofSimilar to the House bill. [Sec. 3207]Adopts the House and Senate provision.
ported commodities that are undercommodities to which this requirement[Sec. 10102]
rketing orders in the U.S. meet theapplies. [Sec. 10105]
s standards. [7 U.S.C. 608e-1(a)]
e Agricultural Marketing Act of 1946Adds a section to the 1946 act to regulateAuthorizes USDA to initiate the processAdopts Senate provision. [Sec. 10108]


verns research and marketingthe minimum maturity of all Hassof establishing a marketing order
rams for agricultural products.avocados sold in the United States.regulating the grades and standards of
.S.C. 1641][Sec. 10108]Hass avocados, if a U.S. organization

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
submits such a proposal. [Sec. 1856]
aw contains the terms andMakes changes to the geographicSimilar to the House bill, with technicalAdopts House provision with changes to
nditions of the mushroom marketingcomposition of the Mushroom Board,differences. [Sec. 1853]clarify that the mushroom council may
[7 U.S.C. 6104]and other provisions. [Sec. 10109]develop and propose to USDA programs
for good agricultural and good handling
practices and related activities for
mushrooms. [Sec. 10104]
comparable provision.No comparable provision.Establishes a program to compensateAdopts Senate provision. [Sec. 10404]
asparagus growers for losses in 2004 —
2007 due to imports. Provides $15
million in mandatory funds for this
purpose. [Sec. 1852]
e 2002 farm bill did not include aCreates new farm bill title, HorticultureNo new title; includes most horticultureCreates new farm bill title, Horticulture
arate title for horticultural products orand Organic Agriculture (Title X).and organic agriculture provisions as partand Organic Agriculture (Title X).
iki/CRS-RL34696anic production.of the Commodity Title I.
g/w
s.orTLE XI: LIVESTOCK
leakestock Mandatory Reporting
://wikie Livestock Mandatory Reporting ActNo comparable provision.Changes the time of the afternoon swineDirects USDA to conduct a study of the
http 1999 [7 U.S.C. 1635-1636h]report. After an economic study ofeconomic impacts of requiring plants to
tablished a program of mandatorywholesale pork product prices, USDA isreport pork product sales, focusing on
orting of information regarding theauthorized to establish mandatory packerwholesale pork cuts. Also directs USDA
rketing of live cattle, boxed beef,reporting of wholesale pork productto improve electronic reporting and
ine, and lambs. Requires packers,sales, specifying that USDA will makepublishing under the program. [Sec.
sors, and importers to providethis information publicly available. 11001]
odic reporting of price, volume, [Sec. 10001]
tract, and demand information to
. The information is used to create
ce reports for livestock producers.
eat and Poultry Inspection
e Federal Meat Inspection Act (FMIA) Requires USDA to report to Congress onProvides for a new opt-in program forState inspection provisions generally the
.S.C. 601 et seq.] and the Poultrythe effectiveness of each state inspectionstate-inspected plants with 25 or fewersame as the Senate bill, without the
oducts Inspection Act (PPIA) [21program and on the changes necessary toemployees, which subjects them toprovision to provide 100%
S.C. 451 et seq.] permit states toensure enforcement of federalfederally-directed inspection using statereimbursement for programs with
e their own meat and poultryrequirements. Replaces current federal-employees. During the first 3 years, statepathogen testing that exceed federal
pection programs, if they are at leaststate cooperative inspection programplants with 26-35 employees may alsotesting. [Sec. 11015] Amends the FMIA



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
qual to” (but not necessarily identicalwith a new program whereby USDAapply. Sets federal reimbursement at notand PPIA to require all establishments to
e federal program. State-inspectedwould approve the shipment of state-less than 60% for both meat and poultrypromptly notify USDA if they have
and poultry cannot be shipped ininspected meat and poultry from a stateprograms and permits 100%reason to believe an adulterated or
state commerce.where key program requirements arereimbursements if pathogen testingmisbranded product has entered
identical to federal requirements; permitsexceeds typical federal testing, amongcommerce. Requires establishments to
many plants currently under federalother provisions. [Sec. 11067] Requiresprepare, and maintain in writing, a
inspection to shift to state inspection;USDA to establishreportable foodproduct recall plan.
raises the federal reimbursementregistries” for meat and poultry and their[Sec. 11017]
maximum from 50% to 60% for poultryproducts. Requires all establishments to
programs only; among other things.include recall plans in their safety
[Sec. 11103] No comparable provisionsprevention (i.e., HACCP) plans, and
regarding reportable food registries,requires all beef establishments to have
recall plans, E. coli reassessment, oran E. coli reassessment. Directs HHS
sanitary food transportation. and USDA to issue sanitary food
transportation regulations. [Sec. 11087]
iki/CRS-RL34696afood Grading and Inspection
g/we 2002 farm bill identifies the marketNo comparable provision.Authorizes the establishment of aMakescatfish,” as defined by the
s.ord common name for catfish forvoluntary USDA grading program forSecretary, an amenable species under the
leaking purposes. [21 U.S.C. 321d]catfish. Requires USDA to provideFMIA, thus subjecting catfish products to
the Agricultural Marketinginspection activities for catfish, bymandatory inspection; authorizes USDA
://wikit (AMA) of 1946 [7 U.S.C. 1622]thorizes USDA to develop standards toadding catfish to the list ofamenablespecies” under the FMIA. Specifies thatto take into account the conditions underwhich catfish are raised and transported.
httpcourage uniformity and consistency innew catfish grading and certificationAmends the 1946 AMA to authorize
mmercial marketing. Sec. 1(w) ofprograms shall not duplicate, impede, orUSDA to establish a voluntary fee-based
A [21 U.S.C. 601 et seq.] definesundermine similar activities conductedgrading program for catfish and to permit
menable species” subject to mandatoryby the Department of Commerce or byother farm-raised seafood industries to
ection.the Food and Drug Administration. [Sec.apply for such grading.
10002][Sec. 11016]
untry of Origin Labeling (COOL)
the 2002 farm billContinues to require COOL implemen-Similar to the House bill, but furtherContinues to require COOL implemen-
ended the AMA of 1946 by requiringtation by 2008 for red meats and othermakes macadamia nuts and chickentation by Sept. 30, 2008, for covered
s (excl. restaurants) to providecovered commodities. Adds meatcovered commodities. [Sec. 10003] commodities, to which are added goat
untry of origin labeling (COOL) forproduced from goats. Makes changes toCreates a separate program for ginsengmeat, chicken, macadamia nuts, pecans,
, lamb, pork, seafood, peanuts, andthe labeling requirements for fresh redfor country of harvest labeling. [Sec.and ginseng. Changes the labeling
rishable agricultural commodities. meats, by creating a new labeling system10004] requirements for fresh red meats by
ies requirements on labeling USAfor red meats with new designationcreating a new labeling system for red
cts, on recordkeeping, certification,categories, e.g., defines U.S. origin as ameats with new designation categories,
d on enforcement and fines for non-product from an animal exclusively born,e.g., defines U.S. origin as a product



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
mpliance. Annual appropriations billsraised and slaughtered in the U.S. (orfrom an animal exclusively born, raised
ayed implementation of mandatorypresent in the U.S. before Jan. 1, 2008).and slaughtered in the U.S. (or present in
for all covered commodities untilFor all covered commodities, easesthe U.S. before July 15, 2008). For all
pt. 30, 2008 (except wild and farm-record-keeping, certificationcovered commodities, eases record-
fish and shellfish, which went intorequirements, and reduces fines forkeeping, certification requirements, and
ect in 2005.) [7 U.S.C. 1621 et seq.] noncompliance. [Sec. 11104]reduces fines for noncompliance. [Sec.
11002]
Act
e Agricultural Fair Practices ActNo provision.Amends AFPA as follows: Amends AFPA to modify the previous
FPA) of 1967 (P.L. 90-288) allowsExpands the definition ofdefinition ofassociation of producers”
mers to file complaints with USDA ifassociation of producers to alsoto include organizations with
sor refuses to deal with theminclude general livestock, poultrymembership exclusively limited to
se they are members of aand farm groups. [Sec. 10101]agricultural producers and dedicated to
rgaining or marketing association of Broadens the types of prohibitedpromoting their products. Also modifies
cers. Makes it unlawful forpractices. [Sec. 10102]the definition ofhandler.” [Sec. 11003]
iki/CRS-RL34696ndlers to coerce, intimidate, orAmends the enforcement
g/wcriminate against producers becauseprovisions; clarifies civil actions
s.or belong to such groups. [7 U.S.C.against handlers, providing for
leak et seq.]preventive relief, damage, and
attorneys fees. [Sec. 10103]
://wikiDirects USDA to promulgate
httprules/regulations. [Sec. 10104]
ckers and Stockyards Act
e Packers and Stockyards Act (P&SAmends the P&S Act to direct USDA toAmends the P&S Act as follows:Amends the P&S Act as follows:
t) of 1921 (P.L. 67-51), as amended,establish regulatory standards forCreates a new special counsel at Requires an annual report from
ovides USDA with the basic authorityarbitration provisions in livestock andUSDA to investigate/prosecuteUSDA on detailed investigations
ulate marketing practices in thepoultry contracts. Among other things,violations of competition laws.into possible violations of the P&S
estock, poultry, and meat industries.such regulations are intended to permit a[Sec. 10201]Act; [Sec. 11004]
e law is to prevent unfair, deceptive,producer to seek relief in a small claims Strengthens USDA enforcementPermits poultry and swine
d monopolistic trade practices,court, if within the court’s jurisdiction,authorities over live poultryproducers to cancel their contracts
cusing on livestock terminal andregardless of a contract’s arbitrationdealers. [Sec. 10202]up to 3 business days after signing,
ction markets, livestock marketingclause. [Sec. 11102]Specifies conditions regardingunless a later date is specified in
encies, dealers, meat packers, and livecancelling and securing contracts. the contract; and requires clear
ltry dealers. [7 U.S.C. 181 et seq.]Provides for producer choice ofdisclosure in contracts of
jurisdiction and venue, includingcancellation terms;
arbitration. [Sec. 10203]Requires poultry/swine contracts to
Allows growers to discuss contractcontain a conspicuous statement
terms. [Sec. 10204]that additional large capital



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
Allows producers to seek remedyinvestments may be required
for violations. [Sec. 10205]during the term of the contract;
Allows USDA to seek outsideContains provisions intended to
counsel to aid in investigations andassist producers deal with contract
civil cases. [Sec. 10206]disputes, including arbitration
Prohibits major packers fromterms, venue for any litigation.
owning, feeding, or controlling[Sec. 11005]
livestock more than 14 days priorRequires USDA to issue rules on
to slaughter. [Sec. 10207]such criteria as, for example, the
Directs USDA to promulgatereasonable period of time a
regulations. [Sec. 10208]producer should be given to
remedy a breach of contract before
it is cancelled. [Sec. 11006]
imal Pest and Disease Programs
the 1990 farm billSense of Congress regardingSimilar to the House bill, and alsoSimilar to the House bill, also
iki/CRS-RL34696thorizes appropriations and directspseudorabies eradication program thatrecognizing the threat to the entirerecognizing the threat to the entire
g/wDA to carry out pseudorabiesUSDA recognize the threat feral swinelivestock industry. [Sec. 10301]livestock industry. [Sec. 11007]
s.orcation in U.S. swine populations. pose to the domestic swine population,
leakrrent concerns are that this diseaseand the need for a surveillance program
ists in feral populations and may befor monitoring and eradication.
://wikitroduced. [21 U.S.C. 114i][Sec. 11101]
http the Animal HealthNo comparable provision.Directs USDA to establish andDirects USDA to establish and
otection Act (AHPA), enacted as partimplement a trichinae certificationimplement a voluntary trichinae
the 2002 farm bill, directs USDA toprogram. Authorizes appropriations ofcertification program. Requires USDA to
out operations and measures to$1.25 million annually for FY2008-12. use not less than $6.2 million for the
trol, or eradicate any livestock[Sec. 10304]program, subject to availability of
t or disease, incl. animals atappropriations. Authorizes annual
ughterhouse, stockyard, or other pointappropriations of $1.5 million for
concentration. [7 U.S.C. 8308] FY2008-2012. [Sec. 11010]
DA has authority to cooperate withSense of Congress regarding the cattleSame as the House bill. [Sec. 10302]Adopts House and Senate provision.
on laws that exclude, eradicate,fever tick eradication program that the[Sec. 11008]


d/or control agricultural pests withincattle fever tick and the southern cattle
HPA [7 U.S.C. 8301 et seq.] andtick are vectors of the causal agent of
almadge-Aiken Act [7 U.S.C. 450]. babesiosis, a severe and often fatal
s of 21 U.S.C., Title 21 (Food anddisease of cattle; and that implementing a
gs) also cover the prevention andnational strategic plan for the cattle fever
read of contagion. Current concernstick eradication program is a high
t pesticide-resistant populationspriority, among other things.

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
the southern cattle tick in Mexico. [Sec. 11106]
APHA specifiesSense of Congress regarding theAmends AHPA to compensate anyAmends the AHPA to require the
pensation amounts for seizure,voluntary control program for lowpoultry contract grower or ownerSecretary to compensate industry
arantine, and disposal of animals thatpathogenic avian influenza program; andparticipating in the voluntary controlparticipants and state agencies that
y carry or have been infected with orthat USDA should continue to provideprogram for low pathogenic aviancooperate in voluntary detection and
posed to pests or diseases, and arecompensation payments to poultryinfluenza under the National Poultrycontrol of diseases with low
ved through interstate commerce orowners and cooperating state agencies atImprovement Plan. Specifies paymentspathogenicity at 100% of eligible costs.
mported. [7 U.S.C. 8306(d)(2)]100% of eligible costs. [Sec. 11105]to cooperating state agencies to be 100%[Sec. 11011]
of the eligible costs. [Sec. 10306]
comparable provision.No comparable provision.Sense of Senate that USDA should workDeletes provision.
with the private insurers to implement an
expedited approach for indemnification
of livestock producers in cases of cata-
strophic disease outbreaks. [Sec. 10308]
iki/CRS-RL34696 AHPA authorizes USDAive agreements with eligibleNo comparable provision.Establishes an advisory committee onnational aquatic animal health; detailsPermits USDA to enter into cooperativeagreements to carry out a project under a
g/wtities, including other governments andcommittee membership; requires USDAnational aquatic animal health plan under
s.orsociations, to conduct animal healthregulations establishing a national aquaticSec. 10411 of the AHPA. Requires
leakities. [7 U.S.C. 8310]animal health improvement programUSDA to determine the nonfederal share
under AHPA authority; authorizesof costs (to be either cash or in-kind) on a
://wikiappropriations of $15 million for FY2008case-by-case basis. Authorizes such
httpand FY2009 for a new producersums as necessary in each fiscal year,
indemnification fund and forFY2008-FY2012. [Sec. 11013]
implementation of an animal health task
force plan. [Sec. 11086]
tional Animal Identification System
comparable provision in AHPA. No comparable provision.Requires USDA to issue regulations,Deletes provision.


der this authority, in 2004, USDAsubject to public comment, addressing
ork on a voluntarythe protection of trade secrets and other
nal Animal Identification Systemproprietary and/or confidential business
AIS) to trace animals from slaughterinformation that farmers and ranchers
ough all premises within 48 hours ofdisclose in the course of participation in
animal disease outbreak. an animal ID system. [Sec. 10305]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
vestock Provision Related to Bioenergy Programs see section on Energy Programs (below)
her Commodity-Specific Provisions
the Consolidated Farm andReauthorizes appropriations of $10Also eliminates statutory requirement toSimilar to Senate provision, but does not
ral Development Act (Con Act), asmillion annually (FY2008-12). eventually privatize the revolving fund.rename the program. [Sec. 11009]
ended, established the National SheepEliminates statutory requirement toRenames the program as the National
dustry Improvement Center to provideeventually privatize the revolving fund.Sheep and Goat Industry Improvement
ancial assistance for the enhancement[Sec. 6015] Center, and provides for new mandatory
d marketing of U.S. sheep or goatfunding of $1 million for FY2008, to be
cts, focusing on infrastructureavailable until expended. Authorizes
velopment. Funding includes manda-appropriations of $10 million annually
funds of $28 million for a revolvingfor FY2008-12. [Sec. 10303]
nd, and appropriations authorized at
illion. [7 U.S.C. 2008j]
comparable provision.No comparable provision.Requires USDA study and report on theRequires USDA study and report on
iki/CRS-RL34696potential economic issues (includinganimal manure use as agricultural
g/wcosts) associated with animal manureused in normal agricultural operationsfertilizer, potential impact on consumersand agriculture from limitations on its
s.orand as a bioenergy feedstock. [Sec.utilization, and effects on agriculture of
leak10307]increasing its use for bioenergy
://wikiproduction. [Sec. 11014]
httpe 2002 farm bill does not include aNo new title; includes most animalCreates new farm bill title, LivestockCreates new farm bill title, Livestock
arate title for animal agriculture.agriculture provisions as part of theMarketing, Regulatory, and Related(Title XI).
Miscellaneous Title XI.Programs (Title X).
TLE XII: CROP INSURANCE & DISASTER ASSISTANCE PROGRAMS
ming of Crop Insurance Payments and Receipts
e federal government provides threeChanges the timing of crop insuranceSimilar, but not identical, language as theAdopts the House provision that changes
els of subsidies to the crop insurancereceipts (premium collections) and theHouse bill, which effectively requiresthe premium billing date to August 15
ram: (1) subsidizing a portion of thetiming of payments to the insurancepremiums to be collected from producers[Sec. 12007], the Senate provisions that
er-paid premium, (2) reimbursingcompanies, beginning with the 2012slightly earlier, and payments to thechange the timing of reimbursements to
ate crop insurance companies forreinsurance year (which starts July 1,insurance companies to be made slightlythe private companies for operating
st administrative and operating2011). Two insurance years of programlater, beginning in the 2012 crop year, soexpenses to between October 1 and 31
penses, and (3) absorbing most of thereceipts will be received in the samethat savings can be scored in the last year[Sec. 12015] and underwriting gains to
ogram losses. [7 USC 1501 et seq.] fiscal year (FY2012) and payments willof the 5-year farm bill (FY2012). [Secs.October 1 [Sec. 12018], thus allowing the
be delayed until the next fiscal year, thus1906 and 1914]scoring of budget savings in FY2012.


scoring budget savings in FY2012. [Secs.
11001(c), 11001(e), and 11010]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
bursement of Administrative and Operating Expenses
ior law prohibited companies fromBeginning in the 2009 reinsurance year,Beginning in the 2009 reinsurance year,Beginning in the 2009 reinsurance year,
ing a reimbursement greater thanthe reimbursement rate to the insurancethe reimbursement rate for additionalthe reimbursement rate for additional
of total premiums. The Standardcompanies for their administrative andcoverage policies falls by 2 percentagecoverage policies falls by 2.3 percentage
insurance Agreement (SRA)operating expenses for all policiespoints. An exception is any reinsurancepoints. Restores one-half of the
lished the reimbursement rate belowdeclines by 2.9 percentage points fromyear in any state that has a loss ratioreduction in states with a loss ratio
tory maximum for all insurancethe current rate. The range ofgreater than 1.2 (i.e., when indemnitygreater than 1.2. The reimbursement rate
s, ranging from 18.1% to 24.2%. [7reimbursement rates declines to betweenpayments exceed total premiums by morefor policies based on area-wide losses is
C 1508(k)(4)(A)]15.2% to a maximum of 21.3%. [Sec.than 20%). The reimbursement rate forreduced to 12% of total premiums. [Sec.
11001(d)(1)]policies based on area-wide losses is12016]
reduced to 17% of total premiums. [Sec.
1912]
iums and Fees
iki/CRS-RL34696trophic (CAT) coverage,cers pay no premium, but pay anIncreases the producer-paid fee forcatastrophic coverage to $200 per cropSimilar to the House bill for raising theCAT fee to $200. The NAP fee isRaises the CAT fee to $300 per crop percounty. [Sec.12006] Increases the NAP
g/winistrative fee of $100 per crop perper county. For NAP, the fee also isincreased to $200 per crop per county, orfee to $250 per crop per county, or $750
s.orunty. [7 USC 1508(b)(5)(A)] Growersraised to $200 per crop per county, or$600 per producer per county, not toper producer per county, not to exceed
leak uninsurable crops are eligible for a$600 per producer per county, not toexceed $1,500 per producer. [Secs. 1905$1,875 per producer. [Sec. 12028]
://wikiparate Noninsured Assistance ProgramAP) and pay a fee of $100 per crop, orexceed $1800 per producer. [Secs. 11002and 11009]and 1926]
httpcer per county, not to
ceed $900 per producer. [7 USC
hen permitted by state law, aLimits the ability of associations to payRevises prior law to clarify that theAdopts the provision in Sec. 1905 of the
ive or trade association may paythe CAT fee on behalf of a producer.provision applies only to fees for CATSenate bill which clarifies that coop-
behalf of its members, any or all of[Sec. 11001(b)] Prohibits insurancecoverage. [Sec. 1905] eratives and trade associations can pay
inistrative fee for CAT coverage. companies from paying or rebatingonly the fees for catastrophic coverage on
SC 1508(b)(5)(B)] .premiums, or making any inducements tobehalf of their members. [Sec. 12006]
purchase crop insurance. [Sec. 11001(a)] Adopts the provision in Sec. 11001(a) of
the House bill that prohibits the rebating
of premiums, with certain exceptions for
entities that have already been approved
for rebating. [Sec. 12004]
thorizes crop insurance companies toStrikes authority for companies to offer aStrikes authority for PRP only, andStrikes authority for the PRP only.
fer customers a discount when thePremium Reduction Plan (PRP) orrequires USDA to commission a study on[Sec. 12010]


urance companies adopt efficienciesPremium Rate Reduction Pilot program. the feasibility of the PRP within 18

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ce their administrative and[Sec. 1101(f)]months of enactment. [Sec. 1908]
erating costs. [7USC 1508(b)(5)(A)]
parable provision.Reduces the premium subsidy for areaNo comparable provision.Adopts House provision.
risk plans by 4 percentage points. [Sec.[Sec. 12012]
11013]
uires USDA to set premiums so thatNo comparable provisionReduces the statutory loss ratio to 1.0,Adopts Senate provision.
erall program loss ratio is 1.075. meaning that total premiums should be[Sec. 12003]
SC 1506(n)] established to equal expected total
indemnity payments. [Sec. 1903]
thorizes an Agricultural ManagementNo comparable provisionAllows USDA to use AMA funds toDeletes Senate provision.
sistance (AMA) program to in partmatch state funds used to provide
lp certain states make better use of riskadditional premium discounts to
nagement tools. [7 USC 1524(b)]underserved states. [Sec. 1923]
iki/CRS-RL34696urance Agreement and Risk-Sharing
g/w
s.ore Standard Reinsurance AgreementRequires the private insurance companiesNo comparable provision. Deletes House provision.
leakRA) between the federal governmentto reinsure at least 22% of their retained
d private crop insurance companiespremiums with the government, and in
://wikitermines levels of risk sharing. Thereturn the government will provide a
httpreement requires companies to reinsureceding commission of 2% to companies,
of their retained premium with theallowing the government to receive some
vernment. underwriting gains that would otherwise
accrue to the companies. [Sec. 11014]
comparable provision.USDA can renegotiate the SRA startingSimilar to the House bill, except thatAllows USDA to renegotiate the SRA
with the 2012-13 reinsurance year, andUSDA has discretion to renegotiate thebeginning with the 2010-11 reinsurance
once every 5 years thereafter. InsuranceSRA more frequently than every 5 years,year and once every 5 years thereafter.
companies can confer with each otherwith congressional notification of suchAdopts the Senate provision to allow
during the process. [Sec. 11001(d)(2)] action. Allows crop insurance companiescompanies to confer with each other and
to confer with each other and collectivelycollectively with USDA during
with USDA during the renegotiationrenegotiation. SRA can be renegotiated
process. [Sec. 1913]more than once in a 5-year period if one
of the changes is required by law, and
Congress is notified. [Sec. 12017]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
Integrity (Waste, Fraud, and Abuse)
l mandatory funds of $23 millionAuthorizes mandatory funding of $11Requires USDA to establish a programProvides mandatory funding of up to $4
r data mining and program integritymillion in FY2008, and $7 million inwhereby crop insurance companies paymillion per year beginning in FY2009 for
ities expired at the end of FY2005.FY2009 and subsequent years for cropUSDA a fee for access to its data miningdata mining, and requires periodic
SC 1516(k)] Annual appropriationsinsurance program compliance andsystem, and USDA uses proceeds for itscompetition for the funds. Adds a new
ts provided $3.6 million in annualintegrity activities, including datadata system. [Sec. 1915] Prohibitssubsection to provide mandatory funds of
cretionary funds (FY2006, FY2007).mining. [Sec. 11008]farmers from collecting commissions asup to $15 million per year over 4 years
2008 appropriations act authorizedagents on policies in which their family(FY2009-13) to upgrade USDAs
ndatory funds of $11.2 million.has a substantial interest. [Sec. 1904]computer technology for crop insurance.
[Sec. 12021] Adopts Senate provision
that prohibits farmers from collecting
commissions as agents on policies in
which their family has an interest,
modifying the definitions offamily” and
compensation.[Sec. 12005]
iki/CRS-RL34696
g/w Management Research and Development
s.or is required to reimburse anAuthorizes USDA to use no more thanReduces annual mandatory funding forAdopts Senate provision to reduce
leakt for the R&D costs associated$30 million annually in mandatory fundsR&D from $15 million to $7.5 million,mandatory funding for R&D to $7.5
://wikith developing a new plan of cropurance that is approved by USDA [7for grants for R&D and education andinformation programs, of which $5and for contracting and partnerships from$25 million to $12.5 million. Prohibits amillion and for contracting/partnershipsto $12.5 million. [Sec. 12024]
httpC 1522] and with developing cropmillion is for underserved states. surcharge on premiums for organic crops,Applicants with approved concept papers
urance education programs. [7 USCStipulates criteria for which grants willunless greater loss history is confirmed. for a new policy can receive up to 50%
Annual mandatory funding is $15be awarded. Requires USDA to enter intoEstablishes an alternative reimbursementof expenses in advance, and the balance
n for R&D reimbursements andcontracts to improve coverage forgrant process. Requires USDA to enterupon approval. [Sec. 12022] Adopts
illion for contracting andorganic crops, and to address the needs ofinto contracts to expand coverage forHouse provision to enter into contracts to
nerships. [7 USC 1522(e)]beginning and minority farmers. [Secs.organic crops, aquaculture, energy cropsimprove coverage for organic crops, and
11003-11006]such as switchgrass, and to address theSenate provisions for energy crops and
needs of beginning and minority farmers. aquaculture, and other new provisions for
[Secs. 1917-1919, 1907]poultry, beekeepers, and beginning
farmers. [Sec. 12023] Requires USDA to
develop risk management education
programs for beginning, immigrant,
socially disadvantaged, retiring, and
transitioning farmers. [Sec. 12026]



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
all Business Disaster Loan Program
e Small Business AdministrationNo comparable provision.Makes many changes to SBA disasterAdopts Senate provision with changes.
fers low interest, fixed-rate loans toloan program authority including raising[Secs. 12051-12086]
all businesses to help them recoverthe loan cap from $1.5 million to $2
economic injury caused by a naturalmillion; extending assistance to non-
ster. [15 USC 636(b), (c), and (f)] profits; enhancing SBA and FEMA
te: Farmers generally are not eligiblecoordination of disaster response, among
r SBA loans, and instead receiveother provisions. [Secs. 11111-11161]
stance through USDA programs.
ental Agriculture Disaster Assistance — see section on Trade and Tax Provisions (Title XV)
odsaver” Provisions Related to Farmland Conservation see section on Conservation Programs (Title II)
her Crop Insurance Provisions
comparable provision.Establishes a National Drought CouncilNo comparable provision.Deletes House provision.
iki/CRS-RL34696within USDA and national drought
g/wpreparedness plans, including a Drought
s.orAssistance Fund to provide technical and
leakfinancial assistance to states for
mitigating drought risk. [Sec. 11012]
://wiki
http-hoc emergency disaster payments areailable to producers who experiencedProhibits USDA from using productiondata from the sweet potato crop insuranceSimilar to the House bill. Also requiresUSDA to extend the disaster applicationAdopts Senate provision. [Sec. 12029]
nificant losses to a 2005, 2006, orpilot program in determining cropdeadline for sweet potato growers, if
ec. 9001 of P.L. 110-28, asdisaster payments for 2005 and 2006.necessary, to implement this provision.
ended by P.L. 110-161).[Sec. 11016][Sec. 1927]
thorizes USDA to create cropMandates a sesame insurance pilotCreates pilot programs for sesame [Sec.Authorizes separate insurance pilot
rance pilot programs. [7 USC 1523]program for Texas. [Sec. 11011]1921], camelina [Sec. 1920], andprograms, for sesame, camelina, grass
enterprise/whole farm units [Sec. 1909]. seed [Sec. 12025] and for enterprise and
whole farm units (with modifications to
the Senate provision) [Sec. 12011]
parable provision.No comparable provision.Makes contract livestock producersNo provision addressing the eligibility of
eligible for crop insurance, if not coveredcontract livestock producers. Adopts the
by other policies. [Sec. 1916] Requires arequirement that USDA report on
USDA report within 180 days ofdeclining yield issues. [Sec. 12030]


enactment on issues regarding declining
crop insurance yields, especially for
perennials. [Sec. 1928]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
parable provision.No comparable provision.Defines an organic crop as anyAdopts Senate provision. [Sec. 12001]
agricultural commodity organically
produced consistent with Section 2103 of
the Organic Foods Production Act of
1990 (7 U.S.C. 6502). [Sec. 1901]
TLE XIII: COMMODITY FUTURES
thorization for the Commodity FuturesNo comparable provision.Reauthorizes the CFTC. [Sec. 13001-Reauthorizes appropriations for the
ading Commission (CFTC), a “sunset13204] Clarifies the CFTCs jurisdictionCFTC (FY2008-FY2013). Amends the
ency established in 1974, expired onover foreign exchange contracts offeredCommodity Exchange Act to (1) clarify
pt. 30, 2005. In the past, Congress hasto retail customers. Expands CFTCsCFTC jurisdiction over retail financial
ed the reauthorization process toauthority over non-exchangeelectroniccontracts based on foreign currencies, (2)
sider amendments to the Commoditytrading facilities” where contracts basedmake the CFTCs anti-fraud authority
change Act, which provides the basison metals and energy commodities areapplicable to certain off-exchange or
r federal regulation of commoditytraded. If the CFTC determined thatover-the-counter derivatives contracts,
iki/CRS-RL34696tures trading. The last reauthorizationlted in the enactment of the Commo-trading on such a market played asignificant role in price discovery, the(3) increase civil monetary and criminalpenalties for violations, (4) permit
g/wy Futures Modernization Act of 2000facility would have to comply withcross-margining of accounts in security
s.orFMA), the most significant amend-several core regulatory principles,futures and options, and (5) establish
leaknts to the CEA since the CFTC wasincluding maintaining and enforcingCFTC regulation over certain
ed in 1974. [7 U.S.C. 2(c)(2))] Bothrules to prevent price manipulation. Suchexchange-like trading facilities that are
://wikiambers considered reauthorization billsmarkets would also have to publish datacurrently exempt from most regulation.
httphe 109th Congress; none was enacted.on prices and trading volume.[Sec. 13001- 13204]
TLE XIV: MISCELLANEOUS
ion 32 Funding for Nutrition Programs
ction 32 of the Act of August 24, 1935,No comparable provision.No comparable provision.Provides explicit instructions on how
thorizes a permanent appropriationeach year’s Section 32 money must be
ual to 30% of annual U.S. customsallocated, in order to fund the fresh fruit
, to be used by USDA only for:and vegetable program (Sec. 4304 of the
couraging the export of farmnutrition title). Essentially caps Section
oducts through producer payments or32 “unobligated” funds — i.e., the
er means; (2) encouraging theamount the Secretary (through AMS) is
estic consumption of farm productspermitted to spend after transfers for use
diverting surpluses from normalin the child nutrition programs and to
annels or increasing their use byCommerce for fisheries activities. The
-income groups; (3) reestablishingprogram under Sec. 4304 is to be funded
mers’ purchasing power. Thewith a portion of these unobligated funds.
of Agriculture has considerable [Sec. 14222] To fund a new



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
etion in deciding how to achieverequirement (in the nutrition title under
e broad objectives. Sec. 4305) to purchase whole grain
.S.C. 612c] products for the school lunch and
breakfast programs, the Secretary must
make available, in FY2009, $4 million in
Section 32 money. [Sec. 14222]
advantaged and Limited Resource Producers
the 1990 farm billAmends program to specify that technicalSimilar to the House bill, with technicalAllows additional contracting authority
tablished Outreach and Assistance forand outreach assistance program is to bedifferences. Authorizes appropriations ofand does not require matching funds.
Disadvantaged Farmers andused to enhance the coordination,up to $50 million annually for[Sec. 11053]Adopts Senate provisions
nchers and Limited Resource Farmersoutreach, technical assistance, andFY2008-12. No more than 5% of fundswith modification to delete language
d Ranchers, authorizing USDA toeducation efforts authorized under USDAare to be used for administrativepertaining to renewal of contracts, review
out outreach and technicalprograms. Mandates CCC funding ofexpenses. [Sec. 11052]of proposals, coordination of with
nce to assist socially disadvantaged$15 million annually for FY2008-12. NoUSDAs Office of Outreach, and
iki/CRS-RL34696mers and ranchers in: owning andmore than 5% of funds are to be used foradditional contracting authority. Provides
g/werating farms and ranches; and inrticipating equitably in the full range ofadministrative expenses. [Sec. 11201]$75 million in mandatory funding for theOutreach and Assistance for Socially
s.orricultural programs offered by USDADisadvantaged Farmers and Ranchers
leak.S.C. 2279]and Limited Resource Farmers and
://wikiRanchers program. [Sec. 14004]
http)(1) of the 1990 farm billReauthorizes improved program deliverySimilar to the House bill, with technicalAdopts House provision.
s USDA to improve serviceby USDA on Indian reservations. [Sec.differences. [Sec. 11054][Sec. 14001]
ivery on Indian reservations. [7 U.S.C.11202]
parable provision in statute, butNo comparable provision.Places a moratorium on USDA farm loanAdopts the Senate provision, with
guidance prohibits loanforeclosures when there exists a pendingmodification; places provision in
reclosure when a pending claim ofclaim of discrimination against USDA.different U.S. Code section. [Sec. 14002]
imination against USDA exists.
(c)(1) of the 1990 farm billDirects USDA annually to compileSimilar to the House bill. Directs USDA,Adopts House provision.
ects USDA to annually compute theprogram application and participationacting through USDA’s Assistant[Sec. 14006]


rticipation rate of sociallyrate data on socially disadvantagedSecretary for Civil Rights, to use the
advantaged farmers and ranchers as afarmers and ranchers for each county andenhanced data collection [Sec. 11056],
rcentage of the total participation of allstate. Data are to be made public.but also to conduct oversight and
ers and ranchers for each USDA[Sec. 11203]evaluation of civil rights compliance.
ram [7 U.S.C. 2279][Sec. 11064]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
the 2002 farm billReauthorizes program, and provides $15Authorizes $30 million in annualAdopts Senate provision. Moves the
tablishes the Beginning Farmer andmillion in mandatory funding annuallyappropriations. Incorporates energyprogram to Title VII (Research) and
ncher Development Program; provides(FY2008-12). [Sec. 11204] conservation efficiency and transition todeletes several provisions. Adds $15
ing, education, outreach/technicalorganic farming into program, limitingmillion in mandatory funding for
ce initiatives. [7 U.S.C. 3319f]grants to $250,000 each. [Sec. 7309] FY2009 and $20 million annually
FY2010-2012. [Section 7410]
parable provision. Authorizes USDA to provide a receiptSpecifies that the USDAs Farm ServiceAdopts Senate provision. Adds USDA
for service or denial of service uponAgency and USDAs Natural ResourcesRural Development to the agencies
request to any applicant for USDA loansConservation Service as the agenciessubject to the provision.
and grants. [Sec. 11205]subject to this provision; requires USDA[Sec. 14003]
receipt upon request. [Sec. 11057]
parable provision.Directs USDA to ensure that the CensusSimilar to the House bill. Adopts Senate provision.
of Agriculture and USDAs Economic[Sec. 11055][Sec. 14005]
iki/CRS-RL34696Research Service (ERS) track socially
g/wdisadvantaged and limited resourcefarmers and ranchers. [Sec. 11206]
s.or
leakparable provision.Directs USDA to prepare a plan to joinNo comparable provision.Adopts House provision with
://wikithe technical and support assistance forsocially disadvantaged farmers/ranchersmodifications. [Sec. 14013]
httpwithin the Office of Outreach, and to
relocate USDAs office. [Sec. 11208]
comparable provision.Directs USDA to establish an AdvisoryNo comparable provision.Adopts House provision with changes.
Committee on Minority Farmers underDeletes components pertaining to review
USDAs Office of Outreach, which willof civil rights enforcement, annual
be responsible for reviewing civil rightsreporting on civil rights, and program
cases and ensuring they are processed inreview. Revises membership of the
a timely manner. [Sec. 11209]committee. [Sec. 14008]
comparable provision.Directs USDA to establish a CoordinatorNo comparable provision.Adopts House provision with an
for Chronically Underserved Ruralamendment to locate the Coordinator in
Areas, to be located in USDAs Office ofUSDA Rural Development instead of the
Outreach and to direct resources to highOffice of Outreach. [Sec. 14118]
need, poverty rural areas. [Sec. 11210]
parable provision.No comparable provision.Creates an Office of Small Farms andAdopts Senate provision with an
Beginning Farmers and Ranchers toamendment that the provision subsume



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
coordinate USDA activities acrossthis office into USDAs Office of
agencies to ensure access to all USDAAdvocacy and Outreach. [Sec. 14013]
programs for small, beginning, and
socially disadvantaged farmers and
ranchers, representation in Agriculture
Census data, and development of and
access to enhanced outreach programs.
[Sec. 11088]
gford Discrimination Decision
mmonly known as the “PigfordPermits any claimant in the PigfordSimilar to the House bill, but withAdopts Senate provision with
sion,” pertains to a federal districtdecision who has not previously obtainedtechnical differences. Authorizesmodifications. [Sec. 14012]
rt decision resolving a class actiona determination on the merits of a claim,appropriations of such sums as necessary
imination suit between USDA andto petition in civil court to obtain such abeyond the $100 million in mandatory
farmers. The suit claimed USDAdetermination (limits total amount offunding. [Sec. 5402]
iki/CRS-RL34696criminated against black farmers onpayment/debt relief pursuant to this court
g/wis of race and failed to investigatey respond to complaints fromaction to $100 million). Restricts USDAfrom starting foreclosure of a loan if the
s.or1997. [Pigford v. Glickman, No.borrower is a Pigford claimant who can
leakd No. 98-1693 (D.D.C. Julyshow that a pending foreclosure is related
://wikito a Pigford claim. [Sec. 11312]
httpiosecurity
comparable provision.No comparable provision.Identifies Subtitle A of Title XI with theGives the subtitle the nameAgricultural
heading,Agricultural Security.”Security Act of 2008.” [Sec. 14101]
comparable provision.No comparable provision.Defines the terms for purposes ofAdopts Senate provision, with
program: agent, agricultural biosecurity,modifications. Adds definition for
agricultural countermeasure, agriculturalagricultural disease emergency. [Sec.
disease, agriculture, agroterrorist act,14102]
animal, department, development, plant,
and qualified agricultural counter-
measure. [Sec. 11011]
comparable provision, but USDANo comparable provision.No comparable provision.Creates anOffice of Homeland
Homeland Security Staff afterSecurity” within USDA to coordinate
ents of September 11, 2001.agroterrorism and agricultural disease
efforts and to be a liaison with other
agencies. Codifies the functions of the



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
former homeland security staff. [Sec.
14111]
parable provision.No comparable provision.No comparable provision.Creates anAgricultural Biosecurity
Communications Center” to collect and
share information. [Sec. 14112]
comparable provision, but HomelandNo comparable provision.Establishes (1) a National Plant DiseaseDeletes Senate provision.
rity Presidential Directive 9 (HSPD-Recovery System of countermeasures to
nstructs USDA and DHS to develop arespond to an outbreak of plant disease
al Plant Disease Recovery Systemwithin a single growing season; and (2) a
d a National Veterinary Stockpile.National Veterinary Stockpile of counter-
PD-9(18)]measures, available to state veterinarians
within 24 hours to leverage the strategic
national stockpile. [Sec. 11012]
iki/CRS-RL34696 comparable provision.No comparable provision.Establishes a competitive grant programat USDA to stimulate R&D ofAdopts Senate provision, withmodifications to remove specificity,
g/wagricultural countermeasures. Wavesincluding for coordination with DHS.
s.orcompetitive process in emergencies. [Sec. 14121]
leakProvides for coordination with DHS
://wikigrants and countermeasure development.Authorizes annual appropriations of $50
httpmillion for FY2008-12. [Sec. 11013]
comparable provision, but HSPD-9No comparable provision.Establishes a veterinary workforce grantAdopts Senate provision, with
tructs USDA to support theprogram at USDA to increase the numbermodification. Expands program to
elopment and promotion of higherof veterinarians trained in biosecurity. agriculture, veterinary medicine, and
cation programs for the protection ofAuthorizes appropriations (such sums asfood science. [Sec. 14122]
imal and plant health. [HSPD-9(20)]necessary) for FY2008-12. [Sec. 11014]
comparable provision.No comparable provision.Provides grants for biosecurity trainingAdopts Senate provision. [Sec. 14113].


programs in planning, preparedness and
response for food science professionals/
veterinarians. Authorizes appropriations
(such sums as necessary) for FY2008-12.
Provide grants and low-interest loans to
states to assess response capability for
food science and veterinary biosecurity.
Authorizes annual appropriations of $25
million for FY2008-12. [Sec. 11015]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ohibits importation of foot and mouthAllows explicitly for USDA to conductRequires USDA to issue a permit to DHSAdopts Senate provision, with
ease (FMD) virus, and limits researchFMD (and other hazardous virus)to possess and work with live foot andmodification. Refers to successor facility
FMD virus to locations outside of theresearch on the U.S. mainland withoutFMD virus at the proposed National Bio-to Plum Island (rather than NBAF
ainland to lessen the likelihoodissuing itself a permit. Prohibits anyoneand Agro-Defense Facility (NBAF),specifically), limits issuance of permit to
accidental laboratory release ofother than USDA from possessing certainsubject to compliance with USDA rulesone facility. [Sec. 7524]
ight reach domestic animals. Byviruses on a USDA-prescribed list, unlessfor handlingselect agents.” Leaves
te, USDA must explicitly permitUSDA issues a permit. But theunchanged the current restrictions on
earch on FMD virus to be performedprohibition would not apply toselectpossession of FMD and other dangerous
the mainland of the United States, andagents,” and FMD virus is a select agent. viruses. [Sec. 11016]
s not yet done so. [21 U.S.C. 113a][Sec. 7108]
il penalties for violations of theNo comparable provision.Amends civil penalties as follows:Adopts Senate provision with
ant Protection Act: $50,000 in the case$500,000 for each violation adjudicatedmodification. No change in statute of
any individual (civil penalty may notin a single proceeding; adds a penalty oflimitations, expand scope of penalties,
ceed $1,000 in the case of an initial$1 million for each violation adjudicatedand clarify subpoena authorities. [Sec.
lation for moving regulated articlesin a single proceeding involving a10203] Identical changes made to the
iki/CRS-RL34696t for monetary gain); $250,000 in thegenetically modified organism. RequiresAnimal Health Protection Act. [Sec.
g/we of any other person for eachaction on a violation no later than 5 years11012]
s.oration; $500,000 for all violationsafter the date of violation. [Sec. 11017]
leakudicated in a single proceeding; orice the gross gain or gross loss for any
://wikilation, forgery, counterfeiting,uthorized use, etc. [7 U.S.C. 7734(b)]
http
comparable provision.No comparable provision.Requires a DHS report on regulations forAdopts Senate provision with
the possession of propane in certainmodification. [Sec. 14206]
quantities, including number of facilities,
alternative security programs, and
compliance costs. [Sec. 11070]
Safety Commission
the Farm Security andNo comparable provision.Establishes a Congressional BipartisanDeletes Senate provision.


ral Investment Act of 2002 (P.L. 107-Food Safety Commission to study and
tablished a 15-member Foodmake recommendations to modernize
fety Commission appointed by thefood safety programs, including
esident to make recommendations toorganizational and resource requirements
hance the U.S. food safety system. emphasizing prevention and to be based
ovision not implemented. [21 U.S.C.on risk assessment and best-available
ote]science. Specifies membership
requirements, meeting procedures and

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
timetables, and other reporting aspects.
[Sec. 11060] Requires the President to
review the report and submit proposed
legislation based on recommendations.
Expresses Sense of the Senate on the
need for additional resources and
direction for federal food safety agencies,
for agreements between the U.S. and its
trading partners, and for comprehensive
food safety legislation. [Sec. 11072]
s from Cloned Animals
A had asked companies to voluntarilyNo comparable provision.Prohibits FDA from issuing a final riskDeletes Senate provision.
t introduce meat and milk from clonedassessment and lifting the voluntary
imals and offspring until it completes amoratorium until completion of newly
iki/CRS-RL34696l risk assessment and guidance onmandated National Academy of Sciences
g/w safety. FDA published the final risksessment/guidance on 1/15/08; USDAand USDA studies, respectively, on thesafety and on the market impacts of
s.ors asked that the moratorium on clonedintroducing products from cloned
leakimals (but not offspring) continue untilanimals. [Sec. 7507]
://wikirkets are educated on safety.
httpvasive Species
umber of federal agencies, includingNo comparable provision.Sets forth new requirements to requireDeletes Senate provision.
, have statutory responsibilitiescooperation among federal agencies and
ed at preventing the introduction ofspecifically Hawaii to prevent/control the
d controlling invasive species.spread of invasive species in the state;
establishes expedited procedures for
Hawaii to seek federal approval to adopt
restrictions. Authorizes appropriations of
such sums as necessary (FY2008-12).
[Sec. 11063]
is authorized under severalNo comparable provision.Clarifies that USDA may provide fundsDeletes Senate provision.


thorities to provide financial assistanceon an emergency basis to assist states in
tbreaks of invasive pestscombating invasive pest and disease
d diseases, including on an emergencyoutbreaks for any appropriate period of
sis.years after the date of initial detection, as
determined by USDA. [Sec. 11078]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
e Plant Protection Act (PPA) [7 U.S.C.No comparable provision.Establishes a revolving loan fund forAdopts Senate provision with changes to
seq.] authorizes USDAs Animaleligible local governments to borrow upreplace the terminvasive species” with
d Plant Health Inspection Serviceto $5 million (at 2% interest), to financethe termpest and disease.” Moves
PHIS) to cooperate with states,purchases of equipment to monitor,provision to Title X (Horticulture and
d others to prevent the spreadremove, dispose of and replace infestedOrganic Agriculture). [Sec. 10205]
and eradicate invasive pests andtrees within their jurisdictions; spells outGenerally adopts Senate language on
eases, some which are affecting treesrepayment terms. Authorizescooperative agreements, also moving the
ban areas, including the Asianappropriations of such sums as necessary provision to Title X. [Sec. 10206]
nghorned Beetle and the Emerald Ash[Sec. 11090] Requires USDA, in
r. cooperation with states, to allow states to
pass along cost-sharing assistance to
local government for activities relating to
invasive species infestations. [Sec.
11091]
al Welfare Act
iki/CRS-RL34696
g/wparable provision under theimal Welfare Act (AWA) as amendedAmends the AWA to prohibit use of liveanimals for marketing medical devices. No comparable provision on medicalmarketing.Increases maximum fines for AWAviolations from $2,500 to $10,000 per
s.or.S.C. 2131 et seq.], which is intendedIncreases the cap for AWA violations toviolation. Deletes House provision on
leaksure the humane treatment of$10,000 per violation, and specifies thatmedical device marketing. [Sec. 14214]
://wikiearch animals, bred for commercialhibited to the public, oreach day, each violation, and each animalsubject to a violation be considered a
httpmmercially transported; and to preventseparate offense, among other things.
imal fighting activities. Authorizes[Sec. 11316]
es of up to $2,500 per violation; each
and each day is considered a
parate offense.
the AWA prohibits researchReplaces Sec. 7 with new language onSame as the House provision with anDirects USDA to reviewany
rom buying dogs or cats exceptthe definition of a person regulated underadditional provision directing that use ofindependent reviews by a nationally
certain persons regulated under thethis section, and on permissible sourcesrandom source dogs and cats fromClassrecognized panel of experts on Class B
A.of dogs and cats for research facilities. B dealers” is to be phased out within 5use by researchers, and to report on any
Introduces an additional penalty ofyears of enactment. [Sec. 11079]recommendations applying to USDA.
$1,000 for each violation of this section[Sec. 14216]
of the AWA. [Sec. 11317]
the AWA spells out a series ofNo comparable provisions on animalAmends the AWA to strengthenAnimal fighting provisions generally
ohibited acts related to animal fightingfighting or commercial importation ofprohibitions on dog and other animalreflect Senate language. [Sec. 14207]
d establishes penalties for violations.young dogs.fighting activities; defines a dog fightingDog importation provisions generally
.S.C. 49] Enables the federalventure; and appears to expand who canreflect Senate language, with additional



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
vernment to collect costs incurred forcollect for costs of care of seized animals. limited exceptions for those imported
g for seized animals. NoIncreases the maximum imprisonmentinto Hawaii. [Sec. 14210]
parable AWA provision onfrom 3 to 5 years. [Sec. 11076]
portation of young dogs.Amends the AWA to require HHS and
USDA regulations prohibiting importing,
for resale, unless they are at least 6
months of age, in good health, and have
all necessary vaccinations (exemptions
for research or veterinary treatment).
[Sec. 3205]
her APHIS-Related Provisions
A since 1975 has banned the sale ofNo comparable provision.Requires FDA to study the prevalence ofDeletes Senate provision.
t turtles under four inches long due toSalmonella in legally-sold reptiles and
concerns (i.e., the risk of childrenamphibians in the U.S. compared with
iki/CRS-RL34696tting Salmonella infections from them). the level in pet turtles. If prevalence is
g/wes not ban sale of other pet reptilesd amphibians. [21 C.F.R. 1240.62 (b)]similar, USDA is to take additionalspecified actions. [Secs. 11101-11103]
s.or
leaks Animal and Plant HealthRequires USDA to coordinate fruit andNo comparable provision.Adopts House language with changes to
://wikispection Service (APHIS) operates aogram (other legislative authority) thatvegetable market analyses with itsForeign Agricultural Service and with theinclude a provision, in the TechnicalAssistance for Specialty Crops program
httpides certification as a service to U.S.private sector; requires USDA to list on(in Title III), requiring an annual USDA
porters desiring to meet foreignthe Internet the status of all plant-relatedreport on sanitary and phyto-sanitary
nitary and phytosanitary (SPS)export petitions, and provide SPS-relatedtrade barriers. [Sec. 3203]
irements.information. [Sec. 11307]
e 1990 farm bill, as amended,No comparable provision.Exempts, from AQI user fees, trucksDeletes Senate provision.
thorizes APHIS to collect agriculturaltransiting Canada between Alaska and
arantine inspection (AQI) user fees forthe lower 48 states (and vice versa), so
h APHIS and DHSs Customs andlong as they remain sealed when in
rder Protection services in connectionCanada. [Sec. 11080]
preclearance or the port-of-entry
ival of international passengers and of
mmercial vessels, trucks, loaded
, aircraft. [21 U.S.C. 136a]
e USDA-APHIS Wildlife ServicesNo comparable provision.Sense of Senate that USDAs WildlifeDeletes Senate provision.


ogram is charged with helping toServices program should not compete
iate wildlife damage to agricultural,with or condone competition with the

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ban, and natural resources. [7 U.S.C.private sector in managing nuisance birds
in urban areas [Sec. 11085]
iscellaneous Provision Related to Payments to Deceased Farmers — see section on Commodity Programs (above)
iscellaneous Rural Development Provisions
parable provision.No comparable provision.Amends the Con Act to authorize a newAdopts Senate provision with
Northern Border Economic Developmentmodifications to authorize the Northern
Commission (VT, NY, NH, and ME);Border Development Commission.
authorizes appropriations of $40 millionAuthorizes 3 additional regional
annually (FY2008-12). [Sec. 6034]development commissions: Southeast
Crescent Commission, the Southwest
Border Regional Commission. Provides
each with $30 million each FY2002-
2012. [ Sec. 14217]
iki/CRS-RL34696 comparable provision.Prohibits closure or relocation ofProhibits any expenditures to closeAdopts the House provision with
g/wUSDAs Farm Service Agency (FSA),critical access county FSA officesmodification. Extends prohibition to two
s.orNatural Resources Conservation Service,through 2012, unless approved byyears after enactment; allows exceptions
leakand Rural Development Agency countyCongress. [Sec. 11071]and requires notice. [Sec. 14212]
offices until one year after enactment.
://wiki[Sec. 11306]
http
comparable provision.Authorizes USDA to make grants toSimilar to the House bill, except itAdopts Senate provision.
reduce the availability of anhydrousprovides that a grant can be used either[Sec. 14203]
ammonia to curtail the production offor a physical lock or a chemical
methamphetamine (up to $15 million for)substance. [Sec. 11062]
FY2008-12. [Sec. 11308]
comparable provision.Authorizes USDA to make available toNo comparable provision.Adopts House provision with amendment
rural areas any excess and surplus USDAto ensure that the activities authorized
computers. [Sec. 11303]under this section are in addition to, and
would not replace, activities conducted
under other existing authorities of USDA
on property disposal. [Sec. 14220]
parable provision.No comparable provision.Provides emergency grants toDeletes Senate provision.


community-based agencies to assist
low-income migrant and seasonal
farmworkers (for use in transportation,

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
food, clothing, housing). [Sec. 11061]
comparable provision.Sense of Congress regarding “foodNo comparable provision.Adopts Senate provision with an
deserts or geographically isolatedamendment to move the provision to
neighborhoods/communities with limitedTitle VII (Research), to define the term
or no access to major grocery stores. food desert,” and to include an
Directs USDA, in coordination with otherauthorization of appropriations for the
agencies/nonprofits, to conduct a nationalnational assessment. [Sec. 7527]
assessment. [Sec. 11311]
parable provision.No comparable provision.Authorizes USDA to make grants toAdopts Senate provision with an
community -based organizations toamendment to clarify the eligible services
improve the supply, stability, safety, andthat may be provided with grant funds
training of farmworkers. under the program. Specifies assistance
[Sec. 11066]may be provided to farm-workers who
are citizens or otherwise legally present
iki/CRS-RL34696in the United States. [Sec. 14204]
g/w comparable provision.No comparable provision.Directs GAO, in consultation with otherDeletes Senate provision.
s.oragencies and organizations to issue a
leakreport on access to health care for
://wikifarmers. [Sec. 11074]
httprious sections of the Department ofDirects USDA to create a FarmworkerSimilar to the House bill, but amendsAdopts Senate provision with an
riculture Reorganization Act of 1994Coordinator (working in consultationdifferent section of the Department ofamendment to specify the Coordinator
rtain to the reorganization of USDA. [7with other agencies and organizations) toAgriculture Reorganization Act of 1994. shall have responsibility for assisting
S.C. 6933; 7 U.S.C. 7014]assist and support farmworkers and[Sec. 11059]farmworkers in becoming producers and
migrant seasonal workers. [Sec.11207] landowners. [Sec. 14013]
parable provision.No comparable provision.Directs USDA to conduct a study on theDeletes Senate provision.
economic impacts of local food systems
and commerce.
[Sec. 11089]
iscellaneous Title Provisions
ovision pertaining to U.S. governmentEliminates the statute of limitationsSimilar to the House bill. [Sec. 11069]Adopts House provision. [Sec. 14219]


s collected from a person throughapplicable to collection of debt by
inistrative offset. [31 U.S.C. 3716(e)]administrative offset. [Sec. 11314]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ws disclosure of financialAllow financial institutions to disclose anSimilar to House bill. [Sec. 11068]Adopts Senate provision. [Sec. 14205]
ormation in certain circumstances. [12individual’s financial records to the
S.C. 3413]government to prevent fraud. [Sec.
11310]
parable provision.No comparable provision.Requires reporting of USDA conferenceAdopts the Senate provision, with
expenditures over $10,000. [Sec. 11081]modification. [Sec. 14208]
parable provision.No comparable provision.Requires a report on ending childhoodDeletes Senate provision.
hunger in the U.S. by 2013. [Sec. 11082]
comparable provision.No comparable provision.Facilitates use of emergency funds forDeletes Senate provision.
effects of Kansas tornado. [Sec. 11083]
comparable provision.No comparable provision.Requires a report on USDA programsDeletes Senate provision. Managers
with poor scores in the Programstatement encourages progress reports.
iki/CRS-RL34696Assessment Rating Tool (PART). [Sec.11084]
g/w
s.or comparable provision.Permanent debarment from participationNo comparable provision.Adopts House provision with changes.
leakin USDA programs for fraud. [Sec.Debarment may be reduced to 10 years.
11304]Excludes debarment in food assistance
://wikiprograms. [Sec. 14211]
http
comparable provision.Prohibits discrimination against use ofNo comparable provision.Deletes the House provision.
pesticide in conservation programs. [Sec.
11305]
thorizes the USDA Graduate SchoolProhibits USDA from operating theNo comparable provision.Adopts House provision with changes.
a non-appropriated fundUSDA Graduate School after Oct. 1,Provides for the transition of the USDA
umentality. [7 U.S.C. 2279b]2008. [Sec. 11309]graduate school to a non-government
entity by Oct. 1, 2009. [Sec. 14213]
parable provision.Requires a study of wastewaterNo comparable provision.Deletes the House provision.


infrastructure near the U.S.-Mexico
border. [Sec. 11313]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
TLE XV: REVENUE & OFFSETTING COST PROVISIONS
ental Agriculture Disaster Assistance
ngress periodically provides ad-hocNo comparable provision.Authorizes a permanent agriculturalAdopts a variation of the Senate
ergency disaster payments to crop anddisaster trust fund that will fund a seriesprovision. For FY2008-11, five new
estock growers to supplement incomeof disaster programs that providedisaster programs are authorized and
llowing a natural disaster. Mostpayments to crop and livestock growersfunded through a transfer of 3.08% of
tly, Congress provided emergencywho experience significant productionannual customs receipts. The five new
pplemental assistance for 2005, 2006,losses in a USDA-declared disaster area. programs are: 1) Supplemental Revenue
ction losses. [Sec. 9001 ofFor FY2008-12, the program is fundedAssistance Payments (for crops); 2)
amended by P.L.through a transfer of 3.34% of annualLivestock Indemnity Payments; 3)
.customs receipts from the U.S. Treasury.Livestock Forage Disaster Program; 4)
Payments are made under four new Emergency Assistance for Livestock,
programs: 1) Supplemental RevenueHoneybees, and Farm-Raised Catfish;
Assistance Payments (for crops); 2)and 5) Tree Assistance Program.
iki/CRS-RL34696Livestock Indemnity Payments; 3)Emergency Assistance for Livestock,[Sec. 15101]
g/wHoneybees, and Farm-Raised Catfish;
s.orand; 4) Tree Assistance Program. [Sec.
leak 12101]
://wiki the U.S. Troop Readiness,Amends Sec. 9012 by stating thattheNo comparable provision.No comparable provision.


https Care, Katrina Recovery, and Accountability Appropriations Actpurchase of a Non-insured AssistanceProgram (NAP) policy shall not be a
2007 (P.L. 110-28) required thatinrequirement to receive any Federal
ing out crop disaster and livestocklivestock disaster assistance.” [Sec.
ce in this title, the Secretary shall11015]
ire forage producers to have
rticipated in a crop insurance pilotNote: The House farm bill was passed
ram or the Non-Insured Cropprior to enactment of P.L. 110-80, which
ster Assistance Program (NAP)removed the crop insurance or NAP
ring the crop year for whichpurchase requirement for forage
pensation is received.”producers.
August 2007, separate legislation was
acted (P.L. 110-80), removing this
irement of forage producers.

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
toms User Fees
tension of custom user fees. Sec.No comparable provision.No comparable provision.Amends Section 13031 of the
the Consolidated OmnibusConsolidated Omnibus Budget
dget Reconciliation Act of 1985Reconciliation Act of 1985 to extend the
OBRA) authorizes the Secretary ofpassenger and conveyance processing
reasury to collect certain customsfees through September 30, 2017, and
rvices fees. Customs user fees includeextend the merchandise processing fees
senger and conveyance processingthrough November 14, 2017. [Sec.
and merchandise processing fees. 15201]
ngress has authorized collection of the
senger and conveyance processing
ough December 27, 2014. The
thorization for the collection of the
rchandise processing fees is through
ber 27, 2014.
iki/CRS-RL34696
g/wher Revenue and Tax-Related Provisions
s.orx-Treaty Withholding Tax Rates.Provides in IRC Section 894 that if a U.S.No comparable provision.Deletes House provision.
leake U.S. Internal Revenue Code (IRC)subsidiary makes a deductible payment to
://wikiplies a 30% withholding tax to interest,idends, and similar “fixed anda foreign corporation that has a commonforeign parent, and the withholding tax
httpterminable” income payments made torate on the payment would be higher if
reign persons/firms residing outside thethe payment were made directly to the
S. (nonresident aliens). [IRC Sec. 871]common parent, the higher rate will be
e tax rate is reciprocally reduced orapplied. [Sec. 12001]
inated in many cases by one of the
ny bilateral tax treaties the U.S. has
ned (acknowledged in IRC Sec. 894).
timated tax payments.Increases the amount of requiredIncreases the amount of requiredIncreases the amount of required
rporations are required to makecorporate estimated tax payments fallingcorporate estimated tax payments fallingcorporate estimated tax payments falling
arterly tax payments generally equal toin the last quarter of FY2012 to 115.75%in the last quarter of FY2012 to 121.5%in the last quarter of FY2012 to 122.25%
pecified percentage of their estimatedof the amount otherwise required (a 1.25of the otherwise required amount andof the otherwise required amount and
liability for the year. [IRC Sec. 6655] percentage-point increase over P.L. 110-reduces firms next required payments byreduces firms next required payments by
2005, P.L. 109-222 increased the28) and reduces firms next requireda corresponding amount. [Sec. 12506] a corresponding amount. [Sec. 15202]


ount of estimated tax payments due inpayments by a corresponding amount.
ast quarter of federal FY2012 to(Note, however, that P.L. 110-142,
of the amount otherwise duepassed after the House approved H.R.
d reduced firms next required2419, increased the required payments by

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ments by a corresponding amount. 1.50 percentage points, rendering the
e provision shifted a portion ofHouse-passed provision inapplicable.
ments forward from FY2013 to[Sec. 13003]
2012. In 2007, P.L. 110-28 increased
ount thus shifted to 114.5% of the
ount otherwise required.
crease in information returnNo comparable provision.Increases penalties for failure to fileDeletes Senate provision.
lties. The tax code requiresinformation returns. [Sec. 12508]
ormation returns to be filed that report
a variety of transaction types. [IRC
. 6721 — 6723] The returns are one
the tax systems tool for boosting tax
mpliance and for monitoring tax
elters. There are penalties for failure to
equired information returns.
iki/CRS-RL34696
g/wnomic substance doctrine. Theomic substance” doctrine is aNo comparable provision.Clarifies” the economic substancedoctrine by integrating a part of it intoDeletes this provision.
s.orcial doctrine that has developed inthe IRC (generally Section 7701, relating
leakrd to tax shelter cases. In generalto definitions). In cases where a court
://wikims, it denies the use of tax benefits innsactions not having an economicdetermines the economic substancedoctrine is relevant, applies a two-part
httpbstance not related to taxes.(conjunctive”) test to a transaction,
requiring that (1) the transaction change
the taxpayers economic position in a
meaningful way (anobjective” test); and
(2) the taxpayer has a substantial non-
federal-tax purpose for engaging in the
transaction. [Sec. 12521]
comparable provisions.No comparable provisions.Other miscellaneous provisions:Other miscellaneous provision:
Denies deduction for certain finesDeletes Senate provisions.


and penalties. [Sec. 12507]
Modifies penalties for failure to file
partnership returns. [Sec. 12511]
Denies deduction for interest paid
in certain tax-motivated
transactions. [Sec. 12523]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
x-Related Conservation Provisions
ervation Reserve Tax Credit.No comparable provision.Creates a new elective conservationDeletes Senate provision.
provides a conservation reservereserve tax credit that can be claimed in
ram under which farmers receiveplace of payments received under the
l federal payments for contractingconservation reserve program.
stablish resource-conserving covers[Sec. 12201]
farmland (Title XII of the 1985 farm
. There is no related tax credit,
hough taxpayers may deduct charitable
nations made for conservation
rposes under IRC Sec. 170.
tion of Self-EmploymentNo comparable provision.Exempts conservation reserve programExempts conservation reserve program
ntributions Act (SECA) socialpayments received by persons receivingpayments received by persons receiving
to conservation reservesocial security benefits from SECA tax.social security benefits from SECA tax.
iki/CRS-RL34696ents. In December 2006, the[Sec. 12202][Sec. 15301]
g/wternal Revenue Service (IRS) issued atice (Notice 2006-108) proposing to
s.ory SECA tax [IRC Sec. 1401] to
leakservation reserve program payments.
://wikiritable contributions forNo comparable provision.Makes permanent the temporaryTwo year extension of the temporary
httpnservation purposes. Deductiblerelaxation of the deduction cap forrelaxation of the deduction cap for
ntributions of capital gain property arecontributions of conservation property. contributions of conservation property.
ited by IRC Sec. 170 to generally[Sec. 12203] [Sec. 15302]
of an individuals income. Rules
re temporarily liberalized (through
or contributions of property for
nservation purposes; contributions are
ctible to the extent they exceed 50%
what is generally an individual’s
e over other contributions.
parable provision.No comparable provision.Creates a new tax credit for costsDeletes Senate provision.


incurred or the loss in value to property
to carry out a habitat management plan.
The credit’s rate varies with the length of
the qualifying plan. [Sec. 12204]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
for endangered speciesNo comparable provision.Permits farmers to treat outlays madeAdopts Senate provision, except that
penditures. No provision,pursuant to the Endangered Species Actprovision is effective for expenditures
t under IRC Sec. 175, farmers arein the same manner as soil or waterpaid or incurred after December 31,
rmitted toexpense” (deductconservation outlays (i.e., the outlays can2008. [Sec. 15303]
mediately) outlays for soil or waterbe expensed). [Sec. 12205]
nservation rather than treating the
tlays as capital expenditures — a
ent that would generally delay the
ctio ns.
x-exempt bonds for forestNo comparable provision.Establishes (in limited amounts) a newDeletes Senate provision.
ervation. In general, interest ontype of tax-exempt private activity bond
ds issued by state and localfor bonds whose proceeds are used to
vernments is tax-exempt if used forfinance forest conservation. [Sec. 12211]
vernmental purposes (IRC Section
owever, not all state and local
iki/CRS-RL34696nds used to finance private activities
g/w exempt; private activity bonds are
s.orbject to certain restrictions and are
leakbject to caps. [IRC secs. 141-142]
://wikiion for qualified timber gainber real estate investment trustNo comparable provision.Adds new Section 1203 to the InternalRevenue Code, which permits taxpayersRedesigns Section 1201 of the InternalRevenue Code, which reduces the rate of
httpEIT) provisions. For tax yearsto elect to deduct 60% of timber gaingain on qualified timber gains of
inning before 2011, individuals longfrom taxable income. (The remainingcorporations to 15%. REIT provisions
m capital gain is taxed at reduced rates40% would be taxed at ordinary-incomefollow the Senate amendment.
enerally, 15%; section 1 of the taxrates.) Also includes several provisions[Sec. 15311-15315]


de). Taxpayers are permitted to treataffecting timber REITs, including
tting of timber as a sale eligible forclarification that timber gain is qualified
ital gains treatment. [IRC Sec. 631] real estate income for a REIT.
ITs are specially-defined “pass[Sec. 12212-12217]
ough entities” that are permitted to
ct dividends they distribute from
able income, thus eliminating
e-level tax from distributed
me. [IRC secs. 856-859] REITs are
bject to several minimum-distribution
irements and 75% of REIT gross
me must consist of certain types of
tate income.

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
comparable provisions.No comparable provisions.Other miscellaneous provisions:Deletes Senate provisions.
Exclusion for programs and
payments for fish, wildlife, forest
protection, and pest management.
[Sec. 12206]
Elective tax credits for payments
under conservation programs [Sec.
12207]
x-Related Energy Provisions
ic fuel production.No comparable provision.Provides a fourth tax credit under sectionProvides a fourth tax credit under section
c. 40 provides an alcohol fuels 3-40 for small producers who produce40, the Cellulosic Biofuel Producer
rt credit consisting of: (1) a 10¢ peralcohol fuel from cellulosic materialsCredit. The credit is $1.01 per gallon
llon small-producer tax credit for(e.g., corn stover or switchgrass). Theless the amount of small-producer
anol production; (2) a 60¢ per galloncredit is $1.25 per gallon less the amountethanol credit claimed and the alcohol
iki/CRS-RL34696 credit for alcohol used in a mixture ofof small-producer ethanol credit claimedmixture credit claimed for ethanol.
g/wol and gasoline or other fuels; and per gallon credit for productionand the alcohol mixture credit claimedfor ethanol. [Sec. 12312][Sec. 15321]
s.or alcohol that is not used in a mixture.
leakhe latter two credits are 51¢ per gallon
://wikie case of ethanol.) The credit isheduled to expire at the end of 2010.
http
Credit. For ethanol, theNo comparable provision.Reduces the tax credit rate for ethanolAdopts Senate provision with changes to
for the alcohol mixture credit andcredits to 46¢ from 51¢ per gallon. modify the alcohol credit to reduce the ta
ol credit are 51¢ per gallon[Sec. 12315]credit rate for ethanol to 45¢ per gallon.
er than the 60¢ per gallon rate that[Sec. 15331]
erwise applies.
all-Producer Ethanol Credit. OneNo comparable provision.Extends the small producer ethanol creditDeletes Senate provision.
ponent of the 3-part credit is the 10¢for two years through 2012. [Sec. 12313]
r gallon tax credit for small ethanol
cers. The credit is scheduled to
pire year-end 2010.
described in the preceding entries,No comparable provision.Provides a fourth component of theDeletes Senate provision.


C Sec. 40 provides a three-part taxalcohol fuels credit consisting of a 10¢
or alcohol fuels. There is noper gallon credit for fossil-free alcohol
parable provision for a smallfuels. The credit terminates at the end of
cer credit for fossil-free alcohol. 2012. [Sec. 12314]

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
Excise Tax Credits.No comparable provision.Extends the two alternative fuels creditsDeletes Senate provision.
ovides two alternative fuels tax creditsthrough December 2010 for all fuels
be claimed against federal exciseother than hydrogen. [Sec. 12331]
es: the alternative fuels tax credit and
ative fuel mixture credit. [IRC
. 6426-6427] The credits generally
pire at the end of September 2009, but
or hydrogen expires at the end
September 2014.
x Credits for Biodiesel Fuels. No comparable provision.Generally extends the biodiesel fuelDeletes Senate provision.
c. 40A provides income taxcredits and payment provisions for two
for biodiesel (scheduled to expireyears (through 2010). The small
he end of 2008): (1) biodiesel mixtureproducer agri-biodiesel credit is extended
it; (2) biodiesel credit; and (3) thethrough 2012. [Sec. 12321]
all producer agri-biodiesel credit.
iki/CRS-RL34696er IRC provisions include an excise
g/w credit for biodiesel fuel mixtures and
s.orments for biodiesel fuel mixtures.
leakable diesel fuel incentives. No comparable provision.Extends the renewable diesel fuelDeletes Senate provision.
://wikiides a tax incentive of $1.00 perllon for qualified renewable diesel fuel. incentives for two years, through 2010. It also places a cap on the credit that can
http be claimed as an excise tax creditbe claimed for co-produced fuel.
C secs. 6426-6427], an income tax[Sec. 12321]
[IRC Sec. 40A], or a government
yment. It is scheduled to expire at the
d of 2008.
comparable provisions.No comparable provisions.Other miscellaneous provisions:Other miscellaneous provisions:
Wind credit [Sec. 12301] Adopts Senate provision modifying
Landowner incentive for electricthe calculation of fuel credits. [Sec.
transmission. [Sec. 12302]15332]
Modified treatment of energy Adopts Senate provision extending
grants/loans. [Sec. 12303]the temporary duty on ethyl
Expansion of depreciation foralcohol. [Sec. 15333]
biofuel plants. [Sec. 12311] Adopts Senate provision with
Modified calculation of fuelchanges to limit the drawback of
credits. [Sec. 12316]duty on imported ethanol. [Sec.
Extension of temporary duty on15334]
ethyl alcohol. [Sec. 12317]Deletes other Senate provisions.



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
Limits on drawback of duty on
imported ethanol. [Sec. 12318]
Treatment of qualified fuel
mixtures. [Sec. 12322]
Extension of credit for installing
alternative fuel refueling property.
[Sec. 12332]
ricultural Tax Provisions
mitation on farm losses. NoNo comparable provision.Modifies IRC Section 461 to limitAdopts Senate provision with changes.
mparable provision, although the taxdeductible farm losses for the year inModifies IRS Section 461 to limit, for
des passive activity rules [IRC Sec.which losses are incurred to $200,000 intaxpayer other than C Corporations,
may limit farm losses where thecases where the taxpayer receivesdeductible farm losses for the year in
payer does not materially participateAgriculture Program Payments or CCCwhich losses are incurred to the greater of
e farm business. Section 461loans. [Sec. 12501] $300,000 ($150,000 for taxpayers
iki/CRS-RL34696ntains special rules governing whenelecting married filing separate status) or
g/wctions can be claimed. the taxpayers total net farm income overthe preceding 5 years in cases where the
s.ortaxpayer receives Agriculture Program
leakPayments or CCC loans. [Sec. 15351]
://wikitional methods for self-employmentNo comparable provisions.For the self-employment tax, modifiesAdopts Senate provision increasing and
http. When farmers have low net income orthe farm optional method so that electingindexing dollar threshold for computing
s from farming, they may use one oftaxpayers may be eligible to secure fournet earnings from self-employment under
o optional methods for calculating netcredits of Social Security benefitthe optional methods. [Sec. 15352]
nings from self-employment. This cancoverage each taxable year by increasing
lp them earn the quarters of coverageand indexing the thresholds. The
cessary to qualify for Social Securityprovision makes a similar modification to
efits. Over time, the number ofthe nonfarm optional method. [Sec.
arters of coverage earned under the12502]
ional method has been reduced by
lation. The optional methods are: (1)
arm optional method; and (2) the
nfarm optional method. [IRC Sec.

mitation on tax deferral for like-kindNo comparable provision.Denies non-recognition treatment forDeletes Senate provision.


changes. No gain or loss is recognizedlike-kind exchanges that include
y used in a trade or business isunimproved real estate in cases where the
changed for property of a like kindowner receives Agriculture Program

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
ed in a trade or business. [IRC SectionPayments or CCC loans. [Sec. 12504]
.
allment Sale Rules for FarmNo comparable provision.Repeals the immediate recognition ofDeletes Senate provision.
erty. Taxpayers in some cases arerecapture income for sales of single-
rmitted to recognize income frompurpose agricultural or horticultural
ent sales gradually, as income isstructures (i.e., barns and similar farm
ally received. [IRC Sec. 453] buildings). [Sec. 12402]
, taxpayers who recognize gain
the sale of depreciable assets are
ired to “recapture” a portion of the
in in accordance with depreciation
ctions that have been claimed on the
set; recaptured gain is taxed at ordinary
me tax rates rather than capital gains
es. [IRC secs. 1245 and 1250] Income
iki/CRS-RL34696 treated as ordinary income under
g/wre rules is taxed in the year of
s.orropertys disposition rather than in
leakents.
://wikix-credit bonds for investment intructure projects.No comparable provision.Creates a new type of tax credit bond(rural renaissance bonds) under newDeletes Senate provision.


http general, interest on bonds issued bySection 54A of the tax code for
overnments is tax-exempt ifinvestment in certain rural projects,
d for governmental purposes. [IRCgenerally including utilities programs,
Not all state and local bondsdistance learning or telemedicine
ed to finance private activities are taxprojects, electric programs, rural
empt; private activity bonds are subjecttelephone programs, broadband access
restrictions and are subject toprograms, and rural community facility
s. An additional type of tax-favoredprograms. The amount of such bonds
d are “tax credit” bonds, for whichthat can be issued is limited to $400
rchaser can claim a tax credit rathermillion. [Sec. 12404]
receive a tax exemption. Several
ferent types of tax credit bonds have
created in recent decades, including
alified zone academy bonds [IRC Sec.
], clean renewable energy bonds
c. 54], and gulf tax credit bonds
C Sec. 1400N].

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
parable provision.No comparable provision.Creates a new tax credit under new IRCDeletes Senate provision.
Section 45P equal to 50% of a taxpayer’s
expenditures on the testing of new drugs
for “minor” species (e.g., sheep and
goats, but not cattle and poultry).
[Sec. 12406]
No comparable provision.Shortens the recovery period for farmDeletes Senate provision.
machinery/equip-machinery and equipment to 5 years from
nt. Federal tax rules (generally IRC10 years. The shortened recovery period
and related regulations) specifyapplies only to assets placed in service
ules regarding income tax deductionsbefore 2010. [Sec. 12407]
r depreciation of tangible capital assets,
ding recovery periods (years over
ich deductions must be spread) and
ery methods (portion of an assets
iki/CRS-RL34696t that can be deducted in each year).
g/wes generally assign a recovery period
s.or 10 years to farm machinery.
leakNo comparable provisions.Shortens the recovery period for seven-Adopts Senate provision, except that the
://wikies. Generally assigns aery period of three-years to any raceyear race horses to three-years. [Sec.12509(a)] provision applies to any race horse that istwo years old or younger at the time it is
httprse that is more than two years old atplaced in service after December 31,
e it is placed in service and a2008 and before January 1, 2014.
ven-year recovery period is assigned to[Sec. 15344]
y race horse that is two years old or
unger at the time it is placed in service.
C Sec. 168]
ggie” bonds. Qualified small issueNo comparable provisions.Increase loan limit for aggie bonds fromAdopts Senate provision to increase loan
ds up to $250,000, known asaggie$250,000 to $450,000 and adjust the limitlimit for aggie bonds. [Sec. 15341]
nds,” are tax-exempt bonds issued byfor inflation after 2008. [Sec. 12401]
ate and local governments to finance
ivate business manufacturing facilities or
uisition of land and equipment by
tain first-time farmers. [IRC Sec. 144]
comparable provision.No comparable provisions.Other miscellaneous provisions:Other miscellaneous provisions:
Allow IRC Sec. 1031 like-kind Adopts Senate provision on the
exchange treatment involvinglike-kind exchange treatment



PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
mutual ditch, reservoir, orinvolving mutual ditch, reservoir,
irrigation stock. [Sec. 12403]or irrigation stock. [Sec. 15342]
Create an agricultural chemicals Adopts Senate provision creating
security tax credit. A 30% taxthe agriculture business security tax
credit, subject to limits, forcredit. [Sec. 15343]
qualified chemical securityDeletes other Senate provisions.
expenses. [Sec. 12405]
Expensing of broadband internet
access. [Sec. 12408]
Tax credit for energy-efficient
motors. [Sec. 12409]
er Provisions
provisions covering income taxNo comparable provision.Provides several tax relief measures forAdopts Senate provision. [Sec. 15345]
in times of disaster: casualty lossareas in Kansas affected by the tornados
iki/CRS-RL34696ctions [IRC Sec. 165]; deferral ofof May 2007. Among the proposals are
g/win from involuntary conversions [IRC; delayed filing deadlines;suspension of limits on certain casualtylosses and relaxation of time
s.orement of fines/fees (P.L. 109-73);requirements in the case of involuntary
leakd tax exemption for certain disasterconversions. [Sec. 12701]
://wiki payments. [IRC Sec. 139]
http comparable provisions.No comparable provisions.Other miscellaneous provisions:Adopts some provisions and deletes
Income treatment of Exxon Valdezothers:
litigation. [Sec. 12801] Adopts Senate provision, with
Extension of special rule formodifications to the tax treatment
charitable contributions of foodfor forestry con-servation bonds.
inventory. [Sec. 12802][Sec. 15316]
Increase exclusion amount for Adopts Senate provision modifying
mileage reimbursements tothe awards authority for advanced
volunteers. [Sec. 12803]coal-based electricity credits and
Technical correction for treatmentgasification credits. [Sec. 15346]
of stock basis in S corporationsDeletes other Senate provisions.


making charitable contributions.
[Sec. 12804]
Payment test for pro-sports facility
bonds. [Sec. 12805]
Rehabilitation credit and
depreciation schedules to low-
income housing for the elderly.

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
[Sec. 12806]
Modifies awards authority for
advanced coal-based electricity
credits and gasification credits.
[Sec. 12807]
Tax treatment for forestry con-
servation bonds. [Sec. 12808]
dress deficiencies in the HaitianNo comparable provisions.No comparable provisions.Establishes the Haitian Hemispheric
mispheric Opportunity throughOpportunity through Partnership
nership Encouragement Act of 2006Encouragement Act of 2008 (Hope II) to
E I). help Haitian industry attract new
investment and create immediate jobs,
generate income for workers to cover
increased food costs and pay for other
necessities, and continue to provide
iki/CRS-RL34696incentives to encourage the use of inputs
g/wmanufactured by U.S. companies. [Sec.
s.or15401-15407 and 15410-15411]
leaktend The Caribbean Basin EconomicNo comparable provisions.No comparable provisions.Extends The Caribbean Basin Economic
://wikiery Act, as amended by the United-Caribbean Basin Trade PartnershipRecovery Act, as amended by the UnitedStates-Caribbean Basin Trade Partnership
httpt (CBTPA).Act (CBTPA) through September 30,
2010. [Sec. 15408-15409]
mercially interchange-No comparable provisions.No comparable provisions.The conference agreement amends Sec.
le” in Section 313(j)(2) of the Tariff313(j)(2) of the Tariff Act of 1930, to
t of 1930. Sec. 313(j) of the Tariffprovide a standard for what is considered
t of 1930 provides for unusedto becommercially interchangeable” for
rchandise drawback. Unusedpurposes of unused merchandise
awback is permitted if importeddrawback for wine. [Sec. 15421]


rchandise is exported or destroyed
in 3 years of import without being
ed in the United States. Pursuant to
)(2) of the Tariff Act of 1930,
mestic or imported merchandise that is
mmercially interchangeable with the
ported merchandise may be substituted
r the imported merchandise and
back granted on the export or

PRIOR LAW/POLICYHOUSE-PASSED BILL (H.R. 2419)SENATE-PASSED SUBSTITUTEAMENDMENT (H.R. 2419)ENACTED 2008 FARM BILL (P.L. 110-246)
struction of the substituted
rchandise within the 3-year period
inning on the date of importation.
ommercially interchangeable”,
wever, is not defined.


iki/CRS-RL34696
g/w
s.or
leak
://wiki
http

Appendix: 2007-2008 Farm Bill Debate Timeline
May 2005 — One of the first comprehensive sets of recommendations for the next farm bill
is released by a major agricultural trade association, followed by proposal by other
major interest groups and organizations (both traditional farm and nonfarm groups).
July 7, 2005 — U.S. Department of Agriculture (USDA) begins its series of 52 farm bill
forums starting in Nashville, TN, and covering nearly all states (excl. Louisiana and
Mississippi due to Hurricane Katrina.).
February 6, 2006 — House Committee on Agriculture begins farm bill listening field
hearings in Fayetteville, NC, and other hearings to review federal farm policy.
June 23, 2006 — Senate Agriculture, Nutrition, and Forestry Committee begins regional
farm bill hearings in Albany, GA, and other hearings to review federal farm policy.
January 2007 — House and Senate Agriculture Committees begin hearings on selected
farm bill topics.
January 31, 2007 — USDA releases its farm bill recommendations, covering each title of
the current law.
February 2007 — One of the first comprehensive bills recommending broad changes to
current law is introduced in the Senate, followed by other broad-based bill introduced
by others in the House and Senate.
March 21, 2007 — Congressional Budget Office (CBO) releases its multi-year March
baseline estimate of spending, providing the starting point for the budget allocation for
the new farm bill.
March 21, 2007 — House Committee on Agriculture begins subcommittee markup on
individual titles of the farm bill, proceeding through June 19, 2007.
May 17, 2007 — Congress approves the FY2008 budget resolution, adopting the baseline
budget as the fiscal parameters and including a $20 billion reserve for the new farm
bill.
July 17, 2007 — House Committee on Agriculture begins full committee markup on
individual titles of the farm bill (H.R. 2419), proceeding through July 19, 2007.
July 26-27, 2007 — Floor debate and passage of H.R. 2419 in the House.
October 4, 2007 — Senate Finance Committee approves a bill (S. 2242) that would create
new tax credits and a disaster trust fund for farmers, as part of the 2002 farm bill
reauthorization.
October 24, 2007 — Senate Agriculture Committee begins full committee markup on
individual titles of the farm bill (S. 2302), proceeding through October 25, 2007.
November 5, 2007 — Senate floor debate begins, with the Senate Agriculture Committee
Chairman offering an amended Senate bill as a substitute (S.Amdt. 3500) to H.R.

2419. The bill includes provisions in S. 2242.



November 16, 2007 — Further action in the Senate is delayed when a key vote in the
Senate fails to invoke cloture on the Senate version of the farm bill.
December 14, 2007 — Floor debate and passage of the Senate version of the farm bill,
which was offered as a substitute to H.R. 2419.
December 26, 2007 — The Consolidated Appropriations Act for FY2008 (P.L. 110-161)
is signed into law and extends certain expiring provisions of the 2002 farm bill until
March 15, 2008.
February 4, 2008 — Senate appoints conferees.
March 12, 2008 — Congress approves a one-month extension (P.L. 110-196) that extends
current law through April 18, 2008.
April 9, 2008 — House appoints conferees.
April 17, 2008 — Congress approves a one-week extension (P.L. 110-200) that extends
current law through April 25, 2008.
April 24, 2008 — Congress approves a one-week extension (P.L. 110-205) that extends
current law through May 2, 2008.
May 1, 2008 — Congress approves a two-week extension (P.L. 110-208) that extends
current law through May 16, 2008.
May 8, 2008 — House and Senate farm bill conferees announce details of the completed
farm bill conference agreement. The Administration announces its intention to veto
the legislation in its present form.
May 14, 2008 — The House passes the conference agreement (H.R. 2419, the Food,
Conservation, and Energy Act of 2008) by a vote of 318-106. Both the House and
Senate pass, by voice vote, a one-week extension (P.L. 110-208) to extend current law
through May 23, 2008, or until the 2008 farm bill, H.R. 2419, is enacted.
May 15, 2008 — The Senate passes the conference agreement by a vote of 81-15.
May 21, 2008 — The Bush Administration vetoes the legislation.
May 21, 2008 — The House votes to override the veto of H.R. 2419 by a vote of 316-108.
However, it is discovered that an enrolling error resulted in one title of the bill (Title
III, Trade) being omitted from the vetoed version that was sent to the White House.
May 22, 2008 — The Senate votes to override the veto of H.R. 2419 by a vote of 82-13.
The conference bill became law on May 22, 2008 (P.L. 110-234), but does not contain
one of the 15 titles, Title III (Trade). The House passes H.R. 6124, a new bill
containing 15 farm bill titles.
June 5, 2008 — The Senate passes H.R. 6124 with all original 15 farm bill titles.
June 18, 2008 — The President vetoes H.R. 6124. Both the House (80-14) and the Senate
(317-109) vote to override the veto and the bill becomes law (P.L. 110-246).