H.Res. 574: H.R. 2419 – Farm, Nutrition, and Bioenergy Act of 2007

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 9-4 on Thursday, July 26, 2007 (Legislative Day Wednesday, July 25, 2007).
FLOOR ACTION:  ADOPTED BY THE YEAS AND NAYS 222 - 202 on Thursday, July 26, 2007.

MANAGERS: CARDOZA/HASTINGS(WA)

110th Congress 
1st Session

H.RES. 574

[Report No. 110-261]

 

 

H.R. 2419 – The Farm, Nutrition, and Bioenergy Act of 2007

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Agriculture.
  3. Waives all points of order against consideration of the bill except for clauses 9 and 10 of Rule XXI.
  4. Provides that the amendment in the nature of a substitute recommended by the Committee on Agriculture now printed in the bill, modified by the amendments printed in Part A of the Rules Committee report, shall be considered as adopted in the House and in the Committee of the Whole.  The bill as amended shall be considered as an original bill for the purpose of further amendment and shall be considered as read. 
  5. All points of order against provisions in the bill, as amended, are waived.
  6. No further amendments shall be in order except those amendments printed in Part B of the Rules Committee report and amendments en bloc described in section 3 of the resolution.
  7. Provides that the further amendments made in order in Part B may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
  8. Waives all points of order except for clauses 9 and 10 of Rule XXI against the amendments printed in the report and amendments en bloc described in section 3 of this resolution.
  9. Allows the Chairman of the Committee on Agriculture to offer amendments en bloc consisting of amendments printed in part B of the Rules report not earlier disposed of or to offer germane modifications to such amendments.
  10. Provides one motion to recommit with or without instructions.
  11. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

 

RESOLUTION

Providing for consideration of the bill (H.R. 2419) to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes.

          Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2419) to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and the amendments considered as adopted by this resolution and shall not exceed one hour  equally divided and controlled by the chairman and ranking minority member of the Committee on Agriculture.  After general debate the bill shall be considered for amendment under the five-minute rule. 

          Sec. 2. (a) The amendment in the nature of a substitute recommended by the Committee on Agriculture now printed in the bill, modified by the amendments printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole.  The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read.  All points of order against provisions in the bill, as amended, are waived. 

          (b) Notwithstanding clause 11 of rule XVIII, no further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules and amendments en bloc described in section 3 of this resolution.

          (c) Each further amendment printed in the report of the Committee on Rules shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

          (d) All points of order against further amendments printed in part B of the report of the Committee on Rules or amendments en bloc described in section 3 of this resolution are waived except those arising under clause 9 or 10 of rule XXI.

          Sec. 3.  It shall be in order at any time for the chairman of the Committee on Agriculture or his designee to offer amendments en bloc consisting of amendments printed in part B of the report of the Committee on Rules not earlier disposed of or germane modifications of any such amendments.  Amendments en bloc offered pursuant to this section shall be considered as read (except that modifications shall be reported), shall be debatable for 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Agriculture or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  For the purpose of inclusion in such amendments en bloc, an amendment printed in the form of a motion to strike may be modified to the form of a germane perfecting amendment to the text originally proposed to be stricken.  The original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc.

          Sec. 4.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

          Sec. 5.  During consideration in the House of H.R. 2419 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

 

Part A- SUMMARY AND TEXT OF AMENDMENT CONSIDERED AS ADOPTED 

 

Summary of Reserve Fund en bloc

Food Stamps:  Excludes combat-related military pay from countable income.  Raises the standard deduction.  Lifts cap on dependent care.  Indexes for inflation the asset limits for food stamp households. Excludes qualified tuition programs, Coverdell Education Savings Accounts, and retirement accounts from countable financial resources. Increases the minimum benefit.  Increases to $250 million and indexes mandatory funding for TEFAP.

Energy:  Doubles funding for the biobased product designation program.  Provides mandatory funding for up to $2 billion in loan guarantees for biorefineries and biofuel production plants.  Adds mandatory funding for renewable energy systems and energy efficiency improvements.  Increases mandatory funding for Biomass Research and Development.  Increases funding for USDA bioenergy program.  Reauthorizes and funds Biodiesel Fuel Education Program.  Establishes Biomass Energy Reserve and Forest Biomass for Energy program. 
 

Summary of offset amendments 

The amendment revises an existing exception to the Right to Financial Privacy Act of 1979 so that improper electronic payments can be traced and recovered.  Revising the exception would permit the Federal Government to verify that the correct party is making electronic payments to, or receiving electronic payments from, the government. (CBO estimates this provision would reduce direct spending by $118 million over five years and $283 million over ten years.) 

The amendment will prevent foreign multinational corporations that are organized in countries without tax treaties (generally countries with little or no income taxes, including Caribbean tax havens) from manipulating the tax treaty system to avoid taxes.  This will not affect anybased multinationals and it would have little or no impact on foreign multinationals organized in countries with tax treaties. (CBO estimates that this amendment would provide $4 billion in the first five year and a total of $7.5 billion over 10 years.)

Summary of manager's amendment:
Commodity programs:  Makes technical changes to achieve full savings from elimination of advanced direct and partial counter-cyclical payments.  Conservation:  Establishes a pilot conservation program to create incentives for peanut crop rotation.  Includes the Sacramento River Watershed as a priority area for RWEP.  Provides air quality funding under Conservation Innovation Grants.   Provides that only land enrolled in general Conservation Reserve Program sign-ups is eligible for early termination.   Trade: Adds reporting and study requirements.  Establishes authorization of food aid programs at $2.5 billion annually.  Increases authorization for Famine Prevention and Relief.  Makes tobacco ineligible for MAP.  Nutrition: Authorizes a competitive grants program to improve underserved communities’ access to healthy foods.  Provides Sense of Congress on “food deserts”.  Establishes the Healthy Food Urban  Enterprise Development Program.  Encourages FAPRI-University partnerships related to specialty crop research.  Credit: Authorizes the Secretary to make and insure loans to eligible purchasers of highly fractioned land.  Meat and Poultry:  Strikes Sense of Congress Regarding State Inspected Meat and Poultry Products.  Pigford Claims:  Would allow claimants who met the criteria of a civil action relating to racial discrimination by the USDA but were denied a mechanism for redetermination based on the merits of their claims.  Provides funding for claims.  Cool:  Provides that for perishable agricultural commodities and peanuts, such products may only be labeled as having a country of origin if the commodity is exclusively produced in the .  APHIS:  Strikes provision moving certain border inspection functions from the Department of Homeland Security to USDA.  National Drought Preparedness Act of 2005:  Establishes the National Drought Council.  Crop Insurance:  Provides for the Corporation to pay a portion of premiums for area revenue plans.  Dairy:  Provides for a refund of assessments on certain imported dairy products.  Wastewater infrastructure:  Requires GAO study of rural communities along U.S.-Mexico border. 
 

Adds new language which provides mandatory (as opposed to discretionary) spending for the McGovern-Dole International Food for Education and Child Nutrition Program and helps pay for the program through additional savings in the Federal crop insurance program; Imposes a “conservation of resources fee” on oil or gas produced from certain OCS deepwater leases unless contractual agreements require royalties to be paid when market prices exceed specified thresholds.  This provision would apply to production by firms that would not, under current law, voluntarily revise the terms of leases issued in 1998 and 1999 that provide royalty relief regardless of the market price of oil and gas.  The amendment would also repeal provisions of the Energy Policy Act of 2004 that preclude the Bureau of Land Management from collecting certain fees; provide additional royalty relief for oil and gas produced from the Outer Continental Shelf from ultra-deep wells, very deep waters and Alaska; and authorize the Secretary of the Interior to modify the terms of oil and gas leases in the National Petroleum Reserve in Alaska.  (CBO estimates that these provisions would reduce direct spending by $2.435 billion over five years and $6.125 billion over ten years.) 

Text of Part A

Part B- SUMMARY AND TEXT OF AMENDMENTS MADE IN ORDER 

(summaries derived from information provided by sponsors) 

 

1. Kind (WI):
The Fairness in Farm and Food Policy Amendment will reform the farmer safety net to work better for small farmers at lower cost, reallocate funding to nutrition, conservation, specialty crops and healthy foods, rural development, and programs that benefit socially disadvantaged farmers.  (40 minutes)

2. Frank (MA)/Bachus (AL):

The amendment strikes five sections from Title V of the bill (Agribusiness loan eligibility, Loan-to-asset value requirements, Population limit for single-family housing loans, Majority farmer control requirement, and Borrower stock requirement), which expand the lending authority of the Farm Credit System.  (10 minutes)

3. Goodlatte (VA):

The amendment streamlines and adopts one set of terms and conditions of easements for the Wetlands Reserve Program (WRP), Grasslands Reserve Program (GRP), Farmland and Ranchland Protection Program (FRPP), and Healthy Forest Reserve Program (HFRP). (10 minutes)

4. Lucas (OK):

The amendment would make livestock producers eligible for livestock assistance programs regardless of whether they had Noninsured Crop Disaster Assistance (NAP) coverage.  (10 minutes)

5. Cardoza (CA):

The amendment requires USDA to transition Animal and Plant Health Inspection Service (APHIS) employees responsible for plant pest inspection duties back to USDA from the Department of Homeland Security in order to better serve the needs of American agriculture.  (10 minutes)

6. Boustany (LA)/Alexander (LA):

The amendment states that in the case of sweet potatoes, Risk Management Agency Pilot Program data shall not be considered for purposes of determining production for the 2005-2006 Farm Service Agency Crop Disaster Program. (10 minutes)

7. Jackson-Lee (TX):

The amendment is intended to express the sense of Congress that the food available to schoolchildren under the school breakfast and lunch program should be selected so as to reduce the incidence of juvenile obesity and to maximize nutritional value.  (10 minutes)

8. Hastings (FL):

The amendment adds a new section for "Pollinator Protection" that authorizes research funding to reduce North American pollinator decline and understand Colony Collapse Disorder.  This amendment also adjusts USDA conservation programs to put a greater emphasis on increasing habitat and establishing cropping and integrated pest management practices to protect native and managed pollinators.  (10 minutes)

9. Arcuri (NY)/Welch (VT)/Gillibrand (NY):

The amendment expresses the Sense of Congress that the Secretary of Agriculture should use existing authority when determining the Class I milk price mover to take into account the increased cost of production, including energy and feed.  (10 minutes)

10. Welch (VT):

The amendment encourages schools to submit plans for implementation to the Secretary that include locally grown foods, in areas where geographically available.  (10 minutes)

11. Welch (VT)/Arcuri (NY):

The amendment adds a provision to the review process for the Federal Milk Marketing Order Review Commission to include an evaluation of cost of production variables, including cost of feed and cost of fuel. Additionally, it encourages the Commission to be regionally diverse, and moves up the date from 24 months to 18 months after the enactment of this bill. (10 minutes)

12. Rangel (NY):

The amendment removes certain banking restrictions related to ’s payment for agricultural purchases from producers.  It also authorizes direct transfers between Cuban banks and banks and allows visas to be issued to conduct activities related to purchasingagricultural goods.  (10 minutes)

13. Boehner (OH):

The amendment would replace the current daily posted county prices (PCPs) used for determining loan deficiency payment rates and repayment rates for marketing assistance loans with a monthly PCP for each crop. It would revise requirements for establishing a producer’s loan deficiency payment (LDP) and loan repayment rate to be based on the month that beneficial interest is lost. The amendment aims to address farmers taking advantage of short-term market events  to lock in artificially high loan deficiency payments, while actually selling the commodity later at prices well above the loan rate. (10 minutes)

14. Johnson, Eddie Bernice (TX):

The amendment adds the additional point to Subtitle B of the research title that emphasis should be placed on proposals that examine the efficacy of current agriculture policies in promoting the health and welfare of economically disadvantaged populations (in addition to  supporting research/ health promotion to “solve the problems of nutritional inadequacy).  (10 minutes)

15. Manzullo (IL):

The amendment exempts the Environmental Quality Incentives Program (EQIP) from the $60,000 and $125,000 payment limitations, resetting it to the $450,000 limitation that is in the current law.  (10 minutes)

16. Blumenauer (OR):

The amendment would make conservation easements purchased through a transferable development rights program eligible for grants under the Farm and Ranchland Protection Program.  Transferable Development Rights (TDR) programs are a voluntary, market-based tool used by states and cities to protect farmland, private property rights, and taxpayer dollars by allowing the transfer of development rights from one parcel of land to another.  (10 minutes)

17. Latham (IA):

The amendment amends the Household Water Well System Program, which makes grants to non-profit organizations to finance the construction, refurbishing, and servicing of individually owned household water well systems in rural areas for individuals with low or moderate incomes, to allow the use of in-kind contributions to meet the required federal funding match of 10%.  The amendment also clarifies that in-kind contributions used to meet the match can be for no purpose other than to administer the water well grant program.  (10 minutes)

18. Berry (AR):

The amendment will prohibit non-profit organizations with more than $50 million in direct public support from receiving conservation payments.  (10 minutes)

19. Davis, Danny (IL)/Kirk (IL):

The amendment strikes the sugar sections in the commodity title as well as the feedstock flexibility program for bioenergy producers, extending current programs until 2012.  (10 minutes)

20. Terry (NE):

The amendment creates a competitive demonstration project designed to provide proof of concept in supplementing corn with sweet sorghum as an ethanol feedstock.  (10 minutes)

21. Udall, Mark (CO):

The amendment reduces the direct payment rate for cotton by 2/3 of a cent.  The resulting savings would be used to fund enrollment of 224,000 additional acres in the Grasslands Reserve Program.  (10 minutes)  

22. Wu (OR):

The amendment broadens the eligible universities by adding that universities that do work in alternative energy related fields, such as agriculture, chemistry, environmental sciences, bioengineering, biochemistry, natural resources and public policy are eligible for the biofuels from biomass internship program. (10 minutes)

23. Clay (MO):

The amendment would make grants to eligible entities to assist in purchasing operating organic gardens or greenhouses in urban areas for growing fruits and vegetables. (10 minutes)

24. Israel (NY)/Doyle (PA):

The amendment would eliminate the sale of random source animals for research and will prohibit the marketing of medical devices by using live animals in demonstrations to market such devices.  (10 minutes)

25. Putnam (FL):

The amendment prohibits individuals from receiving farm conservation payments if their income exceeds $1 million, unless 75% of the income comes from farm income.  (10 minutes)

26. Bordallo (GU):
The amendment authorizes a grants program to assist the land grant institutions in the territories in upgrading facilities and equipment in the agricultural and food sciences. It authorizes appropriations for five years in the amount of $8 million per year.  It authorizes USDA to vary award amounts and to establish competitive criteria for the program.  (10 minutes)

27. Cooper (TN):
The amendment will comprehensively reform the federal crop insurance program, including the Administration’s farm bill crop insurance proposals.  This amendment saves approximately $4 billion while adding resources to the Grassland Reserve Program.  (10 minutes)

28. Emanuel (IL):
The amendment directs the USDA to investigate which estates have been receiving payments in the name of dead farmers and recoup payments made in the name of deceased individuals. (10 minutes)

29. Hall, John (NY):
The amendment would establish a program to encourage environmentally responsible practices on actively farmed muck soil land.  (10 minutes)

30. Hodes (NH)/Arcuri (NY):
The amendment authorizes a grant program for state and local communities and governments known as the Community Wood Energy Program to use low-grade wood biomass in community wood energy systems for state and locally owned businesses such as schools, town halls, and courthouses.  (10 minutes)

31. Shuler (NC):

The amendment allows non-industrial private forest lands to be eligible for emergency restoration funds if the Secretary determines that insect or disease poses an imminent threat of loss or damage to those lands.  (10 minutes)