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Full Text of this Amendment

SA 3814. Ms. STABENOW (for herself, Mr. Craig, and Mr. Crapo) submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 1362, between lines 19 and 20, insert the following:
(a) Definitions.--In this section:
(1) STATE.--The term ``State'' means--
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
(2) STATE DEPARTMENT OF AGRICULTURE.--The term ``State department of agriculture'' means the agency, commission, or department of a State government responsible for agriculture within the State.
(b) Availability and Purpose of Grants.--Subject to the appropriation of funds to carry out this section, the Secretary shall carry out a pilot program to make grants to States for each of fiscal years 2008 through 2012 to be used by the State department of agriculture solely to enhance the competitiveness of seafood and aquaculture.
(c) Grants Based on Value of Production.--Subject to subsection (e), the amount of the grant for a fiscal year to a State under this section shall bear the same ratio to the total amount appropriated pursuant to the authorization of appropriations in subsection (j) for that fiscal year as--
(1) the value of seafood and aquaculture production in the State during the preceding calendar year; bears to
(2) the value of seafood and aquaculture production during the preceding calendar year in all States whose application for a grant for that fiscal year is accepted by the Secretary under subsection (g).
(d) Minimum Grant Amount.--Subject to the appropriation of sufficient funds to carry out this subsection, each State shall receive at least $100,000 each fiscal year as a grant under this section notwithstanding the amount calculated under subsection (c) for the State.
(e) Eligibility.--To be eligible to receive a grant under this section, a State department of agriculture shall prepare and submit, for approval by the Secretary, an application at such time, in such a manner, and containing such information as the Secretary shall require by regulation, including--
(1) a State plan that meets the requirements of subsection (c);
(2) an assurance that the State will comply with the requirements of the plan; and
(3) an assurance that grant funds received under this section shall supplement the expenditure of State funds in support of seafood and aquaculture, rather than replace State funds.
(f) Plan Requirements.--The State plan shall--
(1) identify the lead agency charged with the responsibility of carrying out the plan; and
(2) indicate how the grant funds will be used to enhance the competitiveness of seafood and aquaculture.
(g) Review of Application.--
(1) IN GENERAL.--In reviewing the application of a State submitted under subsection (b), the Secretary shall ensure that the State plan would carry out the purpose of grant program.
(2) DISCRETION.--The Secretary may accept or reject applications for a grant under this section.
(h) Effect of Noncompliance.--If the Secretary, after reasonable notice to a State, finds that there has been a failure by the State to comply substantially with any provision or requirement of the State plan, the Secretary may disqualify, for 1 or more years, the State from receipt of future grants under this section.
(i) Audit Requirements.--
(1) IN GENERAL.--For each year that a State receives a grant under this section, the State shall conduct an audit of the expenditures of grant funds by the State.
(2) SUBMISSION TO SECRETARY.--Not later than 30 days after the completion of the audit, the State shall submit a copy of the audit to the Secretary.
(j) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to make grants under this section $44,500,000 for each of fiscal years 2008 through 2012.

(As printed in the Congressional Record for the Senate on Dec 6, 2007.)