Title XIV: Miscellaneous

Allowed Secretary to forego foreclosure or defer payments on principal and interest of any loan held or secured by Secretary if borrower showed that he or she could not make regular payments due to circumstances beyond his or her control.

Includes moratorium on foreclosures on certain loans held or secured by USDA if borrower has pending discrimination claim against Secretary or files discrimination claim against Secretary that is accepted as valid.

Directs Office of Inspector General to issue report on consistency of Department's foreclosure procedures.

No similar provision.

If requested, requires that Farm Service Agency, Natural Resources Conservation Service, or agencies of Rural Development Mission area provide receipt documenting actions taken or not taken in response to requests by any current or prospective producer or landowner for benefits or services offered by USDA.

Directed Secretary of Agriculture to develop an outreach and assistance program to encourage farm ownership, operation, and equitable participation in agricultural programs by socially disadvantaged farmers. Program operated through grants to qualified organizations that served socially disadvantaged farmers.

Adds provision to assist in reaching socially disadvantaged farmers or ranchers in linguistically appropriate manner.

Authorized $150 million over fiscal years (FY) 2002-07.

Mandates $75 million in Commodity Credit Corporation (CCC) funds over FY 2009-12.

Required biannual reports to Congress describing participation goals and actual participation rates of socially disadvantaged farmers, explanations of successes or failures in achieving goals, and State- and county-level reviews of loans made to socially disadvantaged farmers and participation in agricultural programs. Participation rates had to be disclosed by race, ethnicity, and gender.

Required Secretary to establish suboffices at tribal headquarters in counties with Indian reservation land.

Expands reporting requirements:

• requires disclosure of recipients of funds, services provided and outcomes of those services, and explanation of barriers to increasing participation for socially disadvantaged farmers
• includes program applicants in reporting requirements
• adds reporting of raw numbers of agricultural program applicants and participants

No similar provision.

Requires that reports of applications and participation of socially disadvantaged farmers be used for oversight and evaluation of civil rights compliance.

No similar provision.

Requires that Census of Agriculture and studies by USDA's Economic Research Service accurately document number, location, and economic contribution of socially disadvantaged farmers or ranchers in agricultural production.

Required annual public reporting of county- and State-level program participation rates, by race, ethnicity, and gender, for socially disadvantaged farmers and ranchers.

Requires annual, public reporting in both electronic and paper form of county-, State-, and national-level application and program data for socially disadvantaged farmers and ranchers. Requires inclusion of both raw numbers and calculated rates. Mandates collection of data as needed. Protects privacy of personal data.

No similar provision.

Directs Secretary to establish an Advisory Committee on Minority Farmers to advise on:

• implementation of Outreach and Technical Assistance to Socially Disadvantaged Farmers and Ranchers Program
• methods to maximize participation of minority farmers and ranchers in USDA programs
• USDA civil rights activities related to program participants

Established that final determinations by National Appeals Division in cases brought by participants in agricultural programs had to be implemented by Secretary within 30 days of determination.

Adds reporting requirement for cases heard by National Appeals Division. Head of each agency must report to Congress description of all cases returned to agency, status of all final determinations, and description of cases that have not received final determinations.

No similar provision.

Establishes annual reporting requirement of all civil rights claims brought against USDA, for each agency. Report to include number and type of complaints, processing times, number of proceedings, number of findings of discrimination, and number and type of personnel actions following resolution of complaints.

No similar provision.

Sense of Congress that all pending claims and class actions brought against USDA by socially disadvantaged farmers or ranchers, including Native American, Hispanic, and female farmers or ranchers, based on racial, ethnic, or gender discrimination in farm program participation should be resolved in an expeditious and just manner.

Pigford v. Glickman class action lawsuit charging discrimination against Black farmers in farm lending programs settled in 1999 consent decree. Required filing of discrimination claims within 180 days of consent decree, but allowed claimants to petition for late-filing.

Allows certain claimants who submitted late-filing requests under Pigford v. Glickman consent decree opportunity to receive determinations of their claims on their merits.

Provides up to $100 million in CCC funding in FY 2008, to remain available until expended, for this provision. Authorizes additional appropriations as necessary to carry out this provision.

Authority to file claims under this section expires 2 years from enactment of 2008 Farm Act.

No similar provision in earlier farm bills for establishment of an Office of Advocacy and Outreach.

Directed Advisory Committee for Beginning Farmers and Ranchers, established under Agricultural Credit Improvement Act of 1992, to coordinate partnerships between Secretary and States to provide financial assistance to qualified beginning farmers and ranchers.

Establishes USDA Office of Advocacy and Outreach to improve access to programs and viability of small, beginning, and socially disadvantaged farmers and ranchers. Transfers all functions previously handled by Office of Outreach and Diversity to this office.

Establishes within the Office 2 groups:

• Socially Disadvantaged Farmers Group
• Small Farms and Beginning Farmers and Ranchers Group

Directs Socially Disadvantaged Farmers Group to oversee operations of newly established Minority Farmer Advisory Committee and Farmworker Coordinator to carry out Outreach and Assistance Program for Socially Disadvantaged Farmers and Ranchers.

Directs Small Farms and Beginning Farmers and Ranchers Group to oversee operations of Office of Small Farms Coordination (established under DR 9700-1), consult with newly established National Institute for Food and Agriculture, and coordinate activities with Advisory Committee for Beginning Farmers and Ranchers.

Authorizes appropriations as necessary between FY 2009-12.

No similar provision.

Recognizes and clarifies responsibilities of USDA Homeland Security Office and provides guidance on coordinating with common Department of Homeland Security operations.

No similar provision.

Establishes Biosecurity Communications Center in USDA Homeland Security Office and provides guidance on coordinating with related communications centers in other Federal departments.

Established program to expand and upgrade security at agricultural research facilities to enhance security of U.S. agriculture against bioterrorism threats. Competitive grants could be awarded to colleges and universities.

Establishes competitive grant program to:

• support development of biosecurity training programs
• offer low-interest loan assistance to assist States in assessing their agricultural disease response capacity

Authorizes appropriations of $25 million in each of FY 2008-12.

No similar provision.

Establishes competitive grant program to encourage basic and applied research and development of agricultural countermeasures. Authorizes appropriations of $50 million in each of FY 2008-12.

Established programs, authorizing such funds as necessary, for each of FY 2002-07. Funds were to be appropriated for agricultural research, education, and extension activities related to reducing vulnerability of U.S. food and agricultural system to chemical or biological attack. Funds were to be awarded through competitive grants.

Establishes competitive grant program aimed at developing biosecurity teaching programs in veterinary medicine and related disciplines. Authorizes appropriations as necessary in each of FY 2008-12.

No similar provision.

Adds Kansas, Virginia, and Florida to definition of "cotton-producing State" under Cotton Research and Promotion Act.

No similar provision.

Establishes agricultural producers, cooperatives, and chemical retailers as eligible for $40-$60 grants to install locks on anhydrous ammonia nurse tanks or to add a substance that reduces methamphetamine production efficacy.

Provided for training in use of new technologies and specialized skills for agricultural development.

Allows that funds may be made available to assist agricultural employers and farmworkers with:

• agricultural labor skills development
• provision of agricultural labor market information
• transportation
• short-term housing while in transit to agricultural worksite
• workplace literacy and instruction in English as second language
• health and safety instruction, including ways to safeguard U.S. food supply
• other services Secretary determines to be appropriate

No similar provision.

Establishes annual reporting requirement for conferences sponsored by USDA or attended by USDA employees. Does not include conferences under $10,000 or involving official representation outside the U.S.

No similar provision.

Authorizes Secretary to debar an individual, organization, corporation, or other entity convicted of felony, for no less than 10 years, for knowingly defrauding U.S. in connection with any program administered by Secretary.

No similar provision.

Prohibits Secretary from closing or relocating a USDA Farm Service Agency county or field office for first 2 years after enactment of 2008 Farm Act, unless office is located less than 20 miles from another FSA office or relocation is part of routine leasing operations. After 2 years, requires closure first of any office with 2 or fewer employees less than 20 miles from another FSA office and public notice process prior to any closure.

USDA Graduate School operated as a nonappropriated fund instrumentality under USDA to provide education, training, and professional development for Federal employees, nonprofit organizations, and general public.

Ends USDA's authority to operate USDA Graduate School as of September 30, 2009, or upon conversion of the Graduate School to nongovernmental entity if before that date. Authorizes use of USDA funds to assist in conversion of USDA Graduate School to nongovernmental entity.

Maximum fine for each violation of Animal Welfare Act was $2,500.

Increases maximum fines for each violation of Animal Welfare Act to $10,000.

Existing regional development commissions—including Appalachian Regional Commission (ARC) and Denali Commission (in Alaska)—plan and implement development strategies addressing regional issues, with much of the focus on infrastructure development and targeting assistance to distressed places. ARC and Denali Commission reauthorizations were not included in 2002 Farm Act.

Reauthorized Delta Regional Authority (DRA) and authorized creation of new regional authority covering Northern Great Plains region.

Funded study to explore creating regional development authority in Southeastern Crescent.

Establishes 3 new regional development commissions, each authorized to spend $30 million annually for FY 2008-12:

• Southeast Crescent Regional Commission covers parts of Virginia, South Carolina, Georgia, Alabama, Mississippi, and Florida not served by ARC
• Southwest Border Regional Commission covers parts of Arizona, California, New Mexico, and Texas
• Northern Border Regional Commission covers parts of Maine, New Hampshire, New York, and Vermont

Establishes same rules and regulations for all 3 commissions. Requires grant assistance within each region to focus on distressed places, with an emphasis on infrastructure. Includes job training, business development, health care, resource conservation, recreation and tourism, preservation of open space, and renewable and alternative energy sources as eligible project objectives. Allows funding for operation of local development organizations that plan and carry out projects.

No similar provision. However, USDA's director of Community Development Programs has overseen rural empowerment programs and initiatives aimed at directing resources to needy areas and leveraging other resources.

Authorizes new coordinator for chronically underserved rural areas—in USDA's Rural Development Mission Area—to direct USDA resources to high-need, high-poverty rural areas, leveraging resources of State and local governments, nonprofits, and community development organizations.

No similar provision.

Authorizes Secretary to make excess or surplus USDA computers or other technical equipment available for distribution to city, town, or local government entities in rural areas.

Section 32 of Agricultural Adjustment Act of August 24, 1935, authorized permanent appropriation, equal to 30% of annual U.S. Customs receipts. Most of Section 32 funds are transferred to USDA's Food and Nutrition Service (FNS) to support school meals programs.

Section 32 funds transferred to Secretary, acting through Administrator of FNS, are to be used to carry out Richard B. Russell National School Lunch Act.  Maximum amount that can be used by Secretary for other purposes is as follows:

• FY 2009, $1.173 billion
• FY 2010, $1.199 billion
• FY 2011, $1.215 billion
• FY 2012, $1.231 billion
• FY 2013, $1.248 billion
• FY 2014, $1.266 billion
• FY 2015, $1.284 billion
• FY 2016, $1.303 billion
• FY 2017, $1.322 billion; and
• FY 2018 and each fiscal year thereafter, amount made available for preceding fiscal year, adjusted for changes in 12-month period ending on the preceding Nov 30 in the Consumer Price Index for All Urban Consumers