SA 3591. Mr. BOND submitted an amendment proposed by him 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:

At the end of subtitle B of title XI, add the following:
SEC. 11__. FARM REGULATORY CONSIDERATION.
(a) Definitions.--Section 601 of title 5, United States Code, is amended by adding at the end the following:
``(9) AGRICULTURAL ENTITY.--The term `agricultural entity' means any entity engaged in any farming, ranching, or forestry activity, including--
``(A) cultivation and tillage of soil;
``(B) the production of milk and milk products;
``(C) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodity;
``(D) the raising of livestock, bees, fur-bearing animals, or poultry; and
``(E) any practice (including any forestry or lumbering operation) performed by a producer on a farm or on a farm as incident to or in conjunction with an activity described in this paragraph, including--
``(i) preparation for market; and
``(ii) delivery to storage, to market, or to carriers for transportation to market.''.
(b) Regulatory Agenda.--Section 602 of that title is amended--
(1) in subsections (a)(1) and (c), by inserting ``or agricultural entities'' after ``small entities'' each place it appears; and
(2) in subsection (b), by inserting ``or the Department of Agriculture, as appropriate,'' after ``Administration''.
(c) Initial Regulatory Flexibility Analysis.--Section 603 of that title is amended--
(1) by inserting ``or agricultural entities'' after ``small entities'' each place it appears; and
(2) in subsection (a), in the fourth sentence, by inserting ``or the Department of Agriculture, as appropriate'' after ``Administration''.
(d) Final Regulatory Flexibility Analysis.--Section 604 of that title is amended by inserting ``or agricultural entities'' after ``small entities'' each place it appears.
(e) Avoidance of Duplicative or Unnecessary Analyses.--Section 605(b) of that title is amended--
(1) in the first sentence, by inserting ``or agricultural entities'' after ``small entities''; and
(2) in the third sentence, by inserting ``or the Department of Agriculture, as appropriate'' after ``Administration''.
(f) Procedures for Gathering Comments.--Section 609 of that title is amended--
(1) by inserting ``or agricultural entities'' after ``small entities'' each place it appears;
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or the Department of Agriculture, as appropriate,'' after ``Administration'';
(B) in paragraph (2), by inserting ``appropriate'' before ``Chief Counsel''; and
(C) in paragraphs (3) and (4), by inserting ``appropriate'' before ``Chief Counsel'' each place it appears;
(3) in subsection (d), by inserting ``, the Department of the Interior,'' after ``Agency''; and
(4) in subsection (e), in the first sentence, by inserting ``appropriate'' before ``Chief Counsel''.
(g) Periodic Review of Rules.--Section 610 of that title is amended by inserting ``or agricultural entities'' after ``small entities'' each place it appears.
(h) Judicial Review.--Section 611(a) of that title is amended--
(1) in paragraphs (1) and (3), by inserting ``or agricultural entity'' after ``small entity'' each place it appears; and
(2) in paragraph (4)(B), by inserting ``or agricultural entities'' after ``small entities''.
(i) Reports and Intervention Rights.--Section 612 of that title is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Monitoring and Reports.--The Chief Counsels for Advocacy of the Small Business Administration and the Department of Agriculture shall--
``(1) monitor agency compliance with this chapter; and
``(2) not less frequently than once each year, submit a report describing the results of the monitoring conducted under paragraph (1) to--
``(A) the President;
``(B) the Committees on Agriculture, the Judiciary, and Small Business of the House of Representatives; and
``(C) the Committees on Agriculture, Nutrition, and Forestry, the Judiciary, and Small Business and Entrepreneurship of the Senate.'';
(2) in subsection (b)--
(A) in the first sentence, by inserting ``or the Department of Agriculture'' after ``Administration''; and
(B) in the second sentence, by inserting ``or agricultural entities'' after ``small entities'' each place it appears; and
(3) in subsection (c), by inserting ``or the Department of Agriculture'' after ``Administration''.
(j) Office of Advocacy of Department of Agriculture.--Chapter 6 of part I of title 5, United States Code, is amended by adding at the end the following:``§613. Office of Advocacy of Department of Agriculture

``(a) Establishment.--There is established in the Department of Agriculture an Office of Advocacy (referred to in this section as the `Office').

``(b) Chief Counsel.--The Office shall be directed by the Chief Counsel for Advocacy of the Department of Agriculture, who--
``(1) shall be appointed by the President, by and with the advice and consent of the Senate; and
``(2) shall not be an employee of any Federal department or agency on the day before the date of appointment.
``(c) Duties.--The Chief Counsel of the Office shall--
``(1) examine--
``(A) the role of agriculture in the United States economy; and
``(B) the contribution made by agricultural entities in improving the economy;
``(2)(A) measure the direct costs and other effects of regulation of agricultural entities; and
``(B) make recommendations (including recommendations relating to proposed legislation) for eliminating excessive or unnecessary regulation of agricultural entities;
``(3)(A) determine the impact of applicable tax structure on agricultural entities; and
``(B) make recommendations (including recommendations relating to proposed legislation) for modifying the tax structure to enhance the ability of agricultural entities to contribute to the United States economy;
``(4) study the ability of financial markets and institutions to meet the credit needs of agricultural entities and determine the impact of demands for credit by the Federal Government on agricultural entities;
``(5) evaluate the efforts of Federal departments and agencies, businesses, and industry to assist minority-owned agricultural entities;
``(6) make other appropriate recommendations to assist the development of minority-owned and other agricultural entities;
``(7) recommend specific measures for creating an environment in which all agricultural entities will have the opportunity to compete effectively and fulfill potential and determine the reasons, if any, for successes and failures of agricultural entities; and
``(8) evaluate the programs of each Federal department and agency, and of private industry, to assist agricultural entities owned and controlled by veterans (including service-disabled veterans)--
``(A) to provide statistics regarding use of the programs by those agricultural entities; and
``(B) to provide appropriate recommendations to the Secretary of Agriculture and Congress in order to promote the establishment and growth of those agricultural entities.
``(d) Additional Responsibilities.--In addition to the duties described in subsection (c), the Chief Counsel shall, on a continuing basis--
``(1) serve as a focal point for the receipt of complaints, criticism, and suggestions concerning the policies and activities of Federal departments and agencies that affect agricultural entities;
``(2) advise agricultural entities on methods of resolving issues relating to the relationship of the agricultural entity with the Federal Government;
``(3) develop proposals for modifications to the policies and activities of any Federal department or agency to advance the purposes of agricultural entities;
``(4) represent the interests of agricultural entities to other Federal departments and agencies the policies and activities of which may affect agricultural entities; and
``(5) solicit assistance from public and private agencies, businesses, and other organizations in disseminating information on--
``(A) the programs and services provided by the Federal Government to benefit agricultural entities; and
``(B) methods by which agricultural entities can participate in or otherwise benefit from those programs and services.''.


(As printed in the Congressional Record for the Senate on Nov 8, 2007.)