[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6193 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6193
To continue and expand upon previous congressional efforts to ensure an
abundant and affordable supply of fruits, vegetables, tree nuts, and
other specialty crops for American consumers and international markets,
to enhance the competitiveness of United States-grown specialty crops,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2006
Mr. Pombo (for himself, Mr. Cardoza, Mr. Putnam, Mr. Salazar, Mr.
Renzi, Mr. Kuhl of New York, Mr. Walsh, Mrs. Bono, Ms. Hooley, Mr.
Costa, Mr. Hinchey, Mr. Carnahan, Mr. Boyd, Mr. Brown of South
Carolina, Mr. Case, Mr. Doggett, Mr. English of Pennsylvania, Mr. Farr,
Mr. Foley, Mr. Hall, Ms. Harris, Mr. Hastings of Washington, Mr.
Higgins, Mr. Hinojosa, Ms. Kaptur, Mr. Larsen of Washington, Mr. Larson
of Connecticut, Mr. McHugh, Mr. McIntyre, Mr. Michaud, Mr. Nunes, Mr.
Platts, Mr. Radanovich, Mr. Reynolds, Mrs. Tauscher, Mr. Boucher, Mr.
Baca, Mr. Gallegly, Mr. Wu, Mr. Thompson of California, Mr. Issa, Mr.
Mario Diaz-Balart of Florida, Mr. Schwarz of Michigan, Mr. Blumenauer,
Mr. Allen, Mr. Walden of Oregon, Mr. Goode, Ms. Woolsey, Mrs. Kelly,
and Mr. Gilchrest) introduced the following bill; which was referred to
the Committee on Agriculture, and in addition to the Committees on
Education and the Workforce, Energy and Commerce, Ways and Means, and
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To continue and expand upon previous congressional efforts to ensure an
abundant and affordable supply of fruits, vegetables, tree nuts, and
other specialty crops for American consumers and international markets,
to enhance the competitiveness of United States-grown specialty crops,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Equitable
Agriculture Today for a Healthy America Act'' or the ``EAT Healthy
America Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--COMMODITY-RELATED PROVISIONS
Sec. 101. Flexible payment limitations for disaster payments to reflect
variations in cost of production and crop
value.
Sec. 102. Adjusted gross income limitations on receipt of disaster
assistance by first handlers of specialty
crops.
Sec. 103. Equitable treatment of specialty crop producers in
distribution of disaster assistance.
Sec. 104. Tree assistance program.
TITLE II--CONSERVATION
Sec. 201. Conservation reserve program.
Sec. 202. Wetlands reserve program.
Sec. 203. Funding for Farmland Protection Program.
Sec. 204. Grassland reserve program.
Sec. 205. Wildlife habitat incentive program.
Sec. 206. Environmental quality incentives program.
Sec. 207. Integrated pest management initiative.
Sec. 208. Technical assistance under Department of Agriculture
conservation programs.
Sec. 209. Pilot program regarding native plants habitat restoration and
endangered or threatened plant species
recovery.
Sec. 210. Exclusion of payments under Department of Agriculture
conservation programs from adjusted gross
income limitation.
TITLE III--TRADE
Sec. 301. Technical assistance for specialty crops.
Sec. 302. Coordination of trade objectives between key agencies.
Sec. 303. Market access program.
Sec. 304. Grant program for market analysis related to anti-dumping and
countervailing duty cases involving
specialty crops.
Sec. 305. Sense of Congress regarding certain antitrust laws applicable
to agriculture.
TITLE IV--INVASIVE PESTS AND DISEASES
Sec. 401. Threat identification and mitigation program.
Sec. 402. Emergency eradication programs.
Sec. 403. Animal and Plant Health Inspection Service Export Division.
Sec. 404. Consultations on sanitary and phytosanitary restrictions for
fruits and vegetables.
Sec. 405. Multi-species fruit fly research and sterile fly production.
TITLE V--NUTRITION
Sec. 501. Findings.
Sec. 502. Expansion of Fresh Fruit and Vegetable Program.
Sec. 503. Fruit and Vegetable Nutrition Promotion Program.
Sec. 504. Use of ``Dietary Guidelines for Americans'' in special
nutrition programs and school lunch
programs.
Sec. 505. Section 32 specialty crop purchases.
Sec. 506. School preference study.
Sec. 507. Independent evaluation of Department of Agriculture commodity
purchase process.
Sec. 508. Amendments to the food stamp program.
Sec. 509. Sense of the congress regarding nutritional supplements.
Sec. 510. Food stamp fruit and vegetable ebt pilot project.
TITLE VI--AGRICULTURAL RESEARCH
Sec. 601. Specialty Crops Economic and Policy Research Institute.
Sec. 602. Development of specialty crop priority for the National
Research Initiative.
Sec. 603. Establishment of specialty crop research grants program for
producers to improve efficiency and
competitiveness.
Sec. 604. National Clean Plant Network.
Sec. 605. Prioritizing current Federal research activities for
specialty crops.
TITLE VII--RENEWABLE ENERGY
Sec. 701. Inventory of specialty crop biomass waste as part of annual
assessment of renewable energy resources.
Sec. 702. Department of Agriculture bioenergy program.
Sec. 703. Grants for development of business plans and construction
projects to use specialty crop biomass
waste for electric energy, useful heat,
transportation fuels, petroleum-based
product substitutes, and other commercial
purposes.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Specialty crop block grants.
Sec. 802. Federal Insecticide, Fungicide, and Rodenticide Act; requests
by State agencies for exemptions.
Sec. 803. Protection of intellectual property rights in plants and
plant-derived material.
Sec. 804. Grant program to improve transportation infrastructure to
reduce cost of transportation of specialty
crops.
Sec. 805. Additional funds for Agricultural Marketing Service specialty
crop market news activities.
Sec. 806. Value-added grant program to promote creation, expansion, or
operation of value-added processing of
specialty crops.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Specialty crop production in the United States accounts
for $50.8 billion in farmgate value, and, according to the
Economic Research Service of the Department of Agriculture,
specialty crops account for more than 45 percent of the
farmgate value of all crops produced in the United States.
(2) Specialty crop producers deserve a competitive and
sustainable environment for specialty crop production, and the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-
465; 7 U.S.C. 1621 note) represented an initial attempt to
ensure the long-term competitiveness and sustainability of
United States specialty crop production.
(3) Additional Federal investment in the competitiveness
and sustainability of the United States specialty crop industry
will produce a strong return on investment for all of America,
not just producers.
(4) By expanding the market for and availability of safe,
wholesome, healthy, and affordable fruits, vegetables, tree
nuts, and other specialty crops, Congress can assist Americans
in achieving the goal of doubling their fruit and vegetable
consumption, as called for in the Department of Agriculture and
Department of Health and Human Services 2005 Dietary
Guidelines.
(5) Federal investment in the United States specialty crop
industry is required to create a fair and level playing field
with international competitors that do not have to comply with
the regulatory requirements imposed on United States producers
in the areas of environmental regulation, labor, food safety,
and other area.
(6) Without appropriate and adequate assistance United
States specialty crop production may relocate to less
restrictive foreign growing areas.
(7) Consumers in United States export markets are
increasingly demanding high-value specialty food products as
their disposable income rises, and a thriving and competitive
United States specialty crop industry will support strong
growth in export markets and improve the United States balance
of trade.
(8) In order to realize the goal of increasing agricultural
exports, it is critical that Federal policy and resources
support efforts to remove the many existing international trade
barriers that continue to hamper United States specialty crop
exports.
(9) The competitiveness of United States specialty crop
producers also depends on maintaining the current restrictions
in section 1106 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7916) that prohibits the planting of fruits
and vegetables and other specialty crops on acres for which a
producer receives direct payments or counter-cyclical payments,
including not allowing any temporary loss in program benefits
as a remedy for one year or other short-term shifts to
specialty crops.
(b) Purposes.--It is the purpose of this Act to build upon the
success of the Specialty Crops Competitiveness Act of 2004 (Public Law
108-465; 7 U.S.C. 1621 note) by making additional changes in Federal
agriculture policy to accomplish the goals of increasing fruit,
vegetable, and tree nut consumption and improving the competitiveness
of United States specialty crop producers.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Secretary'' means the Secretary of
Agriculture.
(2) The term ``specialty crop'' means fruits and
vegetables, tree nuts, dried fruits, and nursery crops,
including floriculture.
(3) The term ``State'' means the several States, the
District of Columbia, and the Commonwealth of Puerto Rico.
TITLE I--COMMODITY-RELATED PROVISIONS
SEC. 101. FLEXIBLE PAYMENT LIMITATIONS FOR DISASTER PAYMENTS TO REFLECT
VARIATIONS IN COST OF PRODUCTION AND CROP VALUE.
(a) Flexible Payment Limitations.--In lieu of using a single,
specific dollar amount limitation on the total amount of disaster
assistance that a producer of specialty crops may receive under any
provision of law, the Secretary of Agriculture shall develop and use a
series of payment limitations that reflect cost-of-production and crop
value variations.
(b) Use of Farm Service Agency Data.--The Secretary of Agriculture
may use existing data maintained by the Department of Agriculture
regarding cost of production and crop value for various agricultural
enterprises.
(c) Applicability.--The flexible payment limitations required by
subsection (a) shall apply with respect to any natural disaster
occurring after the date of the enactment of this Act for which
disaster assistance is provided by the Secretary of Agriculture under
any provision of law to producers of specialty crops.
SEC. 102. ADJUSTED GROSS INCOME LIMITATIONS ON RECEIPT OF DISASTER
ASSISTANCE BY FIRST HANDLERS OF SPECIALTY CROPS.
(a) Change to Application of Limitations.--For purposes of applying
the adjusted gross income limitations on the receipt of disaster
assistance to a first handler of specialty crops, the Secretary of
Agriculture shall treat income derived by the first handler from the
initial preparation of the specialty crops for marketing and the
marketing of the specialty crops as income derived from a farming
operation.
(b) First Handler Defined.--In this section, the term ``first
handler'' means a person who--
(1) receives or otherwise acquires specialty crops from a
producer and prepares for marketing or markets the specialty
crops; or
(2) prepares for marketing and markets specialty crops
produced by the person.
SEC. 103. EQUITABLE TREATMENT OF SPECIALTY CROP PRODUCERS IN
DISTRIBUTION OF DISASTER ASSISTANCE.
In providing disaster assistance to producers suffering losses due
to natural disasters, the Secretary of Agriculture shall seek to ensure
that--
(1) producers of specialty crops receive assistance through
programs that are designed to meet the specific needs of such
producers and reflect the production practices of such
producers; and
(2) eligibility for assistance and the provision of
assistance is not be tied to traditional programs of the
Department of Agriculture, such as direct payments under
section 1103 or 1303 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7913, 7953) or crop insurance.
SEC. 104. TREE ASSISTANCE PROGRAM.
(a) Inclusion of Nursery Tree Growers.--
(1) Eligibility.--Section 10201 of the Farm Security and
Rural Investment Act of 2003 (7 U.S.C. 8201) is amended--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) Nursery tree grower.--The term `nursery tree grower'
means a person that produces trees in either containers or in
the ground for commercial sale for replanting or grafting by
the ultimate purchaser for use in the production of a food
crop.''.
(2) Conforming amendments.--Subtitle C of title X of such
Act is amended--
(A) in section 10202 (7 U.S.C. 8202)--
(i) in subsection (a), by inserting ``and
nursery tree growers'' after ``eligible
orchardists''; and
(ii) in subsection (b), by inserting ``or
nursery tree grower'' after ``eligible
orchardist''; and
(B) in section 10203 (7 U.S.C. 8203), by inserting
``and nursery tree growers'' after ``eligible
orchardists''.
(b) Increase in Authorized Amount of Assistance.--Section 10204(a)
of such Act is amended by striking ``$75,000'' and inserting ``$150,000
per year''.
(c) Applicability.--The amendments made by this section shall apply
with respect to any natural disaster occurring after the date of the
enactment of this Act for which assistance is provided by the Secretary
of Agriculture under the tree assistance program.
TITLE II--CONSERVATION
SEC. 201. CONSERVATION RESERVE PROGRAM.
(a) Extension of Program.--Section 1231 of the Food Security Act of
1985 (16 U.S.C. 3831) is amended--
(1) in subsection (a), by striking ``2007'' and inserting
``2012'';
(2) in subsection (d)(1), by striking ``2007'' and
inserting ``2012'';
(3) in subsection (e)(3), by striking ``2002'' and
inserting ``2008''; and
(4) in subsection (h)(1), by striking ``2007'' and
inserting ``2012''.
(b) Eligible Land.--Section 1231(b) of such Act (16 U.S.C. 3831(b))
is amended--
(1) by striking the period at the end of paragraph (1) and
inserting a semicolon;
(2) in paragraph (4), by striking ``or'' at the end of
subparagraph (C);
(3) by striking the period at the end of paragraph (5) and
inserting ``; or''
(4) by adding at the end the following new paragraph:
``(6) marginal pasture land or hay land that is otherwise
ineligible, if the land is to be devoted to native vegetation
appropriate to the locale and--
``(A) will provide suitable habitat for State or
federally listed threatened or endangered species or
species determined by the Secretary of the Interior to
be species of concern; or
``(B) will contribute to the restoration of a
critically endangered ecosystem or endangered
ecosystem, as defined by the Secretary.''.
(c) Use of General Signup Process.--Section 1231(d) of such Act (16
U.S.C. 3831(d)) is amended by adding at the end the following new
sentence: ``To the maximum extent practicable, the Secretary shall
ensure that not more than 85 percent of the acres maintained in the
conservation reserve at any 1 time during the 2008 through 2012
calendar years are acres that were enrolled through general signup
under section 1234(c)(2)(A).''.
(d) Duties of Participants.--Section 1232(a) of such Act (16 U.S.C.
3832(a)) is amended--
(1) in paragraph (4)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) to the maximum extent feasible for a contract
entered into after the date of the enactment of the
Equitable Agriculture Today for a Healthy America Act,
approved vegetative cover shall not include plant
species considered invasive to the locale, as
determined by the Secretary;'';
(2) by redesignating paragraphs (5) through (10) as
paragraphs (6) through (11); respectively; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) to undertake appropriate management activities on the
land, including any necessary haying and grazing activities, as
needed throughout the term of the contract to achieve the
purposes of the conservation reserve program;''.
(e) Conservation Plan.--Section 1232(b)(1)(A) of such Act (16
U.S.C. 3832(b)(1)(A)) is amended by inserting before the semicolon at
the end the following: ``, including appropriate management activities
required by subsection (a)(5)''.
(f) Cost-Share and Management Assistance.--Section 1234(b) of such
Act (16 U.S.C. 3834(b)) is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, except that the Secretary shall pay 75
percent of the cost of establishing measures and practices that
will benefit a federally or State listed threatened or
endangered species required under a contract entered into under
this subchapter''; and
(2) by adding at the end the following new paragraph:
``(6) Management costs.--The Secretary shall pay 75 percent
of the cost of management activities, including control of
invasive species, required under a contract entered into under
this subchapter.''.
(g) Wildlife Criteria.--Section 1234(c)(3)(B) of such Act (16
U.S.C. 3834(c)(3)(B)) is amended by inserting before the period the
following: ``, taking into consideration the recommendations of States
concerning species or ecosystems that are State priorities for recovery
or restoration''.
(h) Rare and Declining Habitat.--Section 1234(c) of such Act (16
U.S.C. 3834(c)) is amended by adding at the end the following new
paragraph:
``(5) Rare and declining habitat.--The Secretary may
approve a request by a State to establish continuous enrollment
categories for rare and declining habitat in specific areas of
the State to benefit specific State or federally listed
threatened or endangered species.''.
(i) Rental Payment Limitations.--Section 1234(f) of such Act (16
U.S.C. 3834(f)) is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, except that the Secretary may waive this
payment limitation for persons participating in a conservation
reserve enhancement program or cooperative conservation project
if the Secretary determines such a waiver is necessary to
achieve the objectives of the conservation reserve enhancement
program or project''; and
(2) in paragraph (4), by adding at the end the following
new subparagraph:
``(C) Irrigated land.--In determining the amount of
annual rental payments for owners and operators seeking
to enroll irrigated land in a conservation reserve
enhancement program, the Secretary shall consider the
average rental rate for irrigated land in the area.''.
SEC. 202. WETLANDS RESERVE PROGRAM.
(a) Maximum Enrollment.--Section 1237(b)(1) of the Food Security
Act of 1985 (16 U.S.C. 3837(b)(1)) is amended--
(1) by striking ``2,275,000 acres'' and inserting
``5,000,000 acres''; and
(2) by striking ``250,000 acres'' and inserting ``320,000
acres''.
(b) Wetland Easement Conservation Plan.--Section 1237A(b)(3) of
such Act (16 U.S.C. 3837a(b)(3)) is amended by inserting before the
semicolon at the end the following: ``, including activities necessary
to maintain hydrologic, habitat, and other functional values''.
(c) Cost-Share and Management Assistance.--Section 1237C of such
Act (16 U.S.C. 3837c) is amended--
(1) in subsection (a)(1), by inserting ``including
necessary hydrologic and habitat maintenance activities,''
after ``values,''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(4) Management costs.--The Secretary may make payments to
owners to cover up to the full actual cost of undertaking any
ongoing or periodic management activities necessary to maintain
the hydrologic, habitat, and other functional values of wetland
enrolled in the wetlands reserve program.''.
(d) Easement Priority and State Allocation.--Section 1237C of such
Act (16 U.S.C. 3837c) is amended--
(1) in subsection (d), by striking ``wildlife.'' and
inserting ``wildlife, particularly rare species, or improving
water quality.''; and
(2) by adding at the end the following new subsection:
``(e) Allocation to States.--In making allocations to States to
carry out this subchapter, the Secretary shall consider to what degree
each State gives priority to the protection and restoration of habitat
for migratory birds and other wildlife, particularly rare species
including threatened, endangered, or candidate species, and for
improving water quality.''.
(e) Conforming Amendment.--Section 1237(c) of such Act (16 U.S.C.
3837(c)) is amended by striking ``2007'' and inserting ``2012''.
SEC. 203. FUNDING FOR FARMLAND PROTECTION PROGRAM.
Paragraph (4) of subsection (a) of section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841) is amended to read as follows:
``(4) The farmland protection program under subchapter B of
chapter 2, using $300,000,000 in each of fiscal years 2008
through 2012.''.
SEC. 204. GRASSLAND RESERVE PROGRAM.
(a) Extension and Funding.--Paragraph (5) of section 1241(a) of the
Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended to read as
follows:
``(5) The grassland reserve program under subchapter C of
chapter 2.''.
(b) Maximum Enrollment and Limitation on Use of Rental
Agreements.--Subsection (b)(1) of section 1238N of such Act (16 U.S.C.
3838N) is amended by striking ``2,000,000 acres'' and inserting
``10,000,000 acres''.
(c) Enrollment of Conservation Reserve Program Land.--Section 1238N
of such Act (16 U.S.C. 3838N) is amended by adding at the end the
following new subsection:
``(d) Enrollment of Conservation Reserve Program Land.--
``(1) Enrollment authorized.--Subject to the eligibility
requirements of subsection (c) and all other requirements of
this subchapter, land enrolled in the conservation reserve
program may be enrolled in the grassland reserve program if the
Secretary determines that enrollment of the land will support
plant and animal biodiversity and advance the other objectives
of the grassland reserve program.
``(2) Method of enrollment.--Land enrolled in the program
under this subsection shall be enrolled through long-term
agreements or easements as described in subsection
(b)(2)(A)(ii).
``(3) Prohibition on duplication of payments.--Land
enrolled in the program under this subsection shall no longer
be eligible for payments under the conservation reserve
program.''.
SEC. 205. WILDLIFE HABITAT INCENTIVE PROGRAM.
(a) Extension and Funding.--Section 1241(a)(7) of the Food Security
Act of 1985 (16 U.S.C. 3841(a)(7)) is amended by striking subparagraphs
(A) through (D) and inserting the following new subparagraphs:
``(A) $100,000,000 in fiscal year 2008;
``(B) $140,000,000 in fiscal year 2009;
``(C) $200,000,000 in each of fiscal years 2010 and
2011; and
``(D) $300,000,000 in fiscal year 2012.''.
(b) Increased Cost Share Authorized for Long-Term Agreements and
Contracts.--Subsection (b)(2)(A) of section 1240N of such Act (16
U.S.C. 3839bb-1) is amended by striking ``in addition to amounts
provided under paragraph (1)'' and inserting ``in an amount up to 100
percent of the actual cost of any practice required by the agreement or
contract''.
(c) Incentive Payments and Program Priorities.--Section 1240N of
such Act (16 U.S.C. 3839bb-1) is amended by adding at the end the
following new subsections:
``(d) Incentive Payments for Agreements Benefitting Listed
Species.--In a case in which the Secretary enters into an agreement or
contract to protect and restore habitat for a federally or State-listed
endangered, threatened, or candidate species, the Secretary may provide
incentive payments to landowners to protect and restore the habitat,
including the cost of management activities needed during the term of
the agreement or contract.
``(e) Priorities.--In carrying out this section, the Secretary
shall give priority to agreements and contracts that protect and
restore habitat for rare species.
``(f) Relation to State Wildlife Action Plans.--The Secretary shall
ensure that implementation of this section in a State takes into
consideration the wildlife action plan for that State.
``(g) Allocations.--In making allocations to States to carry out
this chapter, the Secretary shall consider to what degree each State
gives priority to the protection and restoration of habitat under
subsection (e) and complies with the wildlife action plan for the State
under subsection (f).
``(h) Cooperative Agreements.--To the maximum extent practicable,
the Secretary shall enter into cooperative agreements with State
wildlife and natural resources agencies to implement this section,
including delivery of technical assistance.''.
SEC. 206. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) Extension.--
(1) Funding extension and increase.--Section 1241(a) of the
Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended by
striking paragraph (6) and inserting the following new
paragraph:
``(6) The environmental quality incentives program under
chapter 4, using, to the maximum extent practicable--
``(A) $1,400,000,000 in fiscal year 2008;
``(B) $1,600,000,000 in fiscal year 2009;
``(C) $1,800,000,000 in each of fiscal years 2010
and 2011; and
``(D) $2,000,000,000 in fiscal year 2012.''.
(2) Conforming amendments.--Chapter 4 of subtitle D of
title XII of such Act is amended--
(A) in section 1240B(a)(1) (16 U.S.C. 3839aa-
2(a)(1)), by striking ``2007'' and inserting ``2012'';
and
(B) in subsection 1240G (16 U.S.C. 3839aa-7), by
striking ``2007'' and inserting ``2012''.
(b) Demonstration of Structural and Land Management Practices.--
(1) Eligibility.--Section 1240B(a)(2) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-(a)(2)) is amended--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) a producer that demonstrates a structural or
land management practice, including project monitoring,
measurement, outreach, or education shall be eligible
to receive cost-share or incentive payments.''.
(2) Conforming amendments.--(A) Section 1240(3) of such Act
(16 U.S.C. 3839aa(3)) is amended by striking ``and maintain''
and inserting ``, maintain, and demonstrate''.
(B) Section 1240F(1) of such Act (16 U.S.C. 3839aa-6(1)) is
amended by striking ``and implementing'' and inserting ``,
implementing, or demonstrating''.
(c) Bidding Down.--Section 1240B(c) of the Food Security Act of
1985 (16 U.S.C. 3839aa-2(c)) is amended by inserting before the period
at the end the following: ``, except that this prohibition does not
relieve the Secretary of the obligation to ensure that cost-
effectiveness is prioritized in the evaluation of offers and payments,
as provided by section 1240C(1)''.
(d) Incentive Payment Rates.--Section 1240B(e) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(e)(2)) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``The Secretary shall establish different rates
to accommodate variation in the cost of practices and product
value.''; and
(2) by adding at the end the following new paragraph:
``(3) Rates for component practices.--The Secretary shall
develop additional incentive payment rates for components of a
practice that promotes residue, nutrient, pest, invasive
species, or air quality management. The amount and rate of
incentive payments for a component practice shall be scaled
according to the anticipated level of impact of that practice
on the priority resource concerns, such that more advanced
management practices that yield greater environmental benefit
will receive higher payments.''.
(e) Allocation of Funding.--Section 1240B(g) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(g)) is amended by adding at the end the
following new sentence: ``When making initial allocations of funds to
States to make cost-share and incentive payments under this chapter,
the Secretary shall consider to what degree producers in each State are
under pressure to comply with existing local, State, or Federal
environmental regulations, or may have to comply with such regulations
in the future.''.
(f) Evaluation of Applications for Cost-Share Payments and
Incentive Payments.--Section 1240C of the Food Security Act of 1985 (16
U.S.C. 3839aa-3) is amended to read as follows:
``SEC. 1240C. EVALUATION OF APPLICATIONS FOR COST-SHARE PAYMENTS AND
INCENTIVE PAYMENTS.
``In evaluating applications for cost-share payments and incentive
payments, the Secretary shall--
``(1) prioritize applications based on how effectively and
comprehensively designated resource concerns are addressed;
``(2) prioritize applications based on their overall level
of cost-effectiveness to ensure that the conservation
practices, systems, and approaches proposed are the most
efficient means of producing the proposed project's anticipated
environmental benefits;
``(3) reward higher levels of environmental performance,
such as advanced levels of management within management
practices; and
``(4) develop criteria for evaluating applications that
will ensure that national, State, and local conservation
priorities are effectively addressed.''.
(g) Support for Program Plans.--Section 1240F of the Food Security
Act of 1985 (16 U.S.C. 3839aa-6) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) developing partnerships with other agencies and
contracting with technical assistance providers to supplement
Department expertise and staffing capacity as necessary.''.
(h) Conservation Innovation Grants.--Section 1240H of the Food
Security Act of 1985 (16 U.S.C. 3839aa-8) is amended--
(1) in subsection (a), by striking ``may'' and inserting
``shall'';
(2) in subsection (b)--
(A) by striking ``Use'' and inserting ``Initial
Grants'';
(B) by striking ``may'' and inserting ``shall'';
(C) in paragraph (2)--
(i) by striking ``and'' at the end of
subparagraph (A); and
(ii) by adding at the end the following new
subparagraph:
``(C) alternative energy projects, such as solar
and wind power energy systems and conversion of
equipment to run on bio-fuels, to reduce greenhouse gas
emissions and reliance on fossil fuels in farm
operations;''.
(D) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(E) by adding at the end the following new
paragraph:
``(4) include a plan for technology transfer.'';
(3) by adding at the end the following new subsections:
``(d) Technology Transfer.--To the maximum extent practicable, the
Secretary shall ensure efficient, effective transfer of innovative
technologies and approaches demonstrated through projects that receive
funding under this section.
``(e) Funding.--Of the amounts made available under section
1241(a)(6) to carry out this chapter, the Secretary shall use to carry
out this section--
``(1) 40,000,000 for fiscal year 2008;
``(2) 50,000,000 for fiscal year 2009;
``(3) 60,000,000 for fiscal year 2010; and
``(4) 75,000,000 for each of fiscal years 2011 and 2012.''.
(i) Savings and Funding Under Ground and Surface Water Conservation
Program.--Section 1240I of the Food Security Act of 1985 (16 U.S.C.
3839aa-9) is amended by striking subsection (c) and inserting the
following new subsection:
``(b) Funding.--The Secretary shall use $100,000,000 of the funds
of the Commodity Credit Corporation to carry out this section for each
of fiscal years 2008 through 2012. These funds are in addition to
amounts made available under section 1241(a)(6) to carry out this
chapter.''.
(j) Air Quality Improvement and Performance Incentives for
States.--Chapter 4 of subtitle D of title XII of such Act is amended by
adding at the end the following new sections:
``SEC. 1240J. AIR QUALITY IMPROVEMENT.
``(a) Availability Cost-Share Payments and Incentive Payments.--In
carrying out this chapter, the Secretary shall promote air quality by
providing cost-share payments and incentive payments to individual
producers to address air quality concerns associated with agriculture.
``(b) Locations.--In order for producers to receive payments under
this section, a project must be located in a county--
``(1) that is in non-attainment for ambient air quality
standards for ozone, particulate matter, or both;
``(2) in which there is air quality degradation, recognized
by a State or local regulating agency, to which agricultural
emissions significantly contribute; or
``(3) in which the Secretary determines that pesticide
drift is a priority concern.
``(c) Priority.--The Secretary shall give priority to projects
that--
``(1) involve multiple producers implementing eligible
conservation activities in a coordinated way to promote air
quality; or
``(2) are designed to encourage broad adoption of
innovative approaches, including approaches involving the use
of innovative technologies and integrated pest management, so
long as the technologies do not have the unintended consequence
of compromising other environmental goals.
``(d) Funding.--
``(1) Amounts.--The Secretary shall use funds of the
Commodity Credit Corporation to carry out this section in the
following amounts:
``(A) $25,000,000 for fiscal year 2008;
``(B) $45,000,000 for fiscal year 2009;
``(C) $60,000,000 for fiscal year 2010; and
``(D) $75,000,000 million for each of fiscal years
2011 and 2012.
``(2) Relation to other funds.--The funds made available
under paragraph (1) are in addition to amounts made available
under section 1241(a)(6) to carry out this chapter.
``SEC. 1240K. PERFORMANCE INCENTIVES FOR STATES.
``(a) High Level of Performance Bonus.--For each of fiscal years
2008 through 2012, 20 percent of the funds made available under this
chapter shall be reserved by the Secretary for bonus allocations to
States that demonstrate a high level of performance in implementing the
environmental quality incentives program.
``(b) Special Considerations.-- In evaluating State performance
under subsection (a), the Secretary shall reward States that--
``(1) consistently meet the requirements of section 1240C
in evaluating offers and payments;
``(2) dedicate a portion of their annual environmental
quality incentives program allocation to multi-producer
cooperative efforts to address specific resource concerns;
``(3) demonstrate effective and efficient program delivery,
including the provision of adequate technical assistance to all
program participants through appropriate staffing and through
cooperation with other Federal, State, Tribal, and local
agencies, for-profit and nonprofit organizations, and
individuals with demonstrated expertise in the planning and
implementation of conservation practices, systems, and
approaches;
``(4) collaborate with other Federal and State agencies,
local governments, educational institutions, and for-profit and
nonprofit organizations to evaluate the environmental outcomes
associated with implementation of the environmental quality
incentives program;
``(5) ensure broad participation in State Technical
Committees; and
``(6) ensure that priorities established at the State level
are effectively addressed by local work groups.''.
SEC. 207. INTEGRATED PEST MANAGEMENT INITIATIVE.
Subtitle F of title XII of the Food Security Act of 1985 (16 U.S.C.
3830 et seq.) is amended by adding at the end the following new
section:
``SEC. 1257. INTEGRATED PEST MANAGEMENT INITIATIVE.
``(a) Initiative Required.--The Secretary shall implement an
integrated pest management initiative in priority regions identified by
the Secretary under subsection (b) for the purpose of assisting
agricultural producers operating in such regions to comply with pest
management regulations and alleviate the need for additional
regulations regarding pest management activities.
``(b) Identification of Priority Regions.--
``(1) Identification.--The Secretary of Agriculture shall
identify priority regions where the adoption by agricultural
producers of integrated pest management practices and
approaches offers the greatest potential benefit to producers
seeking to comply with environmental regulations and alleviate
the need for additional regulations resulting from pest
management activities. Priority regions shall include
agricultural lands dominated by the production of specialty
crops and agricultural lands where agricultural pest management
activities are regulated for the purpose of mitigating specific
impacts to human health or the environment, such as an area in
which pollutants exceed authorized total maximum daily load or
an air quality non-attainment area.
``(2) Consultation.-- The Secretary shall identify priority
regions in consultation with the Environmental Protection
Agency, the United States Geological Service, the United States
Fish and Wildlife Service, agricultural producers, appropriated
State agencies, and other interested persons.
``(c) Activities in Priority Regions.--
``(1) Expedited approval of management practices.--The
Secretary of Agriculture shall develop the best-available
integrated pest management practices for the primary
agricultural commodities and significant pests in each priority
region identified under subsection (b) and expedite approval of
these practices for implementation by agricultural producers.
``(2) Improved evaluation of management plans.--The
Secretary shall develop and make available criteria to enable
staff of the Natural Resources Conservation Service and
agricultural producers operating in priority regions identified
under subsection (b) to effectively compare pest management
plans, considering relative risks and potential benefits to
multiple resources of concern, including air, surface water,
ground water, bees and other pollinators, wildlife, and worker
safety.
``(3) Technical assistance.--The Secretary shall enter in
cooperative agreements, memorandums of understanding, and
contracts for services with other agencies and non-Federal
organizations, as necessary, to assist in providing technical
assistance regarding integrated pest management planning and
implementation to producers operating in priority regions
identified under subsection (b).
``(4) Marketing.--The Secretary shall market the
availability of integrated pest management tools and training
to agricultural producers in the priority regions identified
under subsection (b).
``(5) Program integration.--The Secretary shall set goals
for integrating the integrated pest management initiative with
the environmental quality incentives program established under
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.) and other conservation
programs in each priority region identified under subsection
(b), including indicators of the extent to which these programs
fund integrated pest management practices and the extent to
which supported integrated pest management practices reduce
pesticide use and risk.
``(d) Funding.--The Secretary of Agriculture may use resources
provided for programs under this title to implement the integrated pest
management initiative.''.
SEC. 208. TECHNICAL ASSISTANCE UNDER DEPARTMENT OF AGRICULTURE
CONSERVATION PROGRAMS.
(a) Use of Third-Party Providers.--Section 1242 of the Food
Security Act of 1985 (16 U.S.C. 3842) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following new paragraph:
``(2) at the option of the producer, through an approved
third party, if available.''; and
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following new paragraph:
``(1) System for evaluation of providers.--The Secretary
shall establish, by regulation, a system for approving
individuals and entities to provide technical assistance to
carry out programs under this chapter, including criteria for
the evaluation of providers or potential providers of technical
assistance. The system shall require, as part of the approval
process, consultation with county committees established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)).'';
(B) by striking paragraph (3) and inserting the
following new paragraph:
``(3) Competitive bidding.--The Secretary may accept bids
from approved third parties to provide technical assistance to
producers eligible for that assistance.''; and
(C) in paragraph (4), by striking ``may request''
and inserting ``shall request, to the maximum extent
practicable,''.
(b) Cooperative Conservation Educational Assistance Program.--Such
section is further amended by adding at the end the following new
subsection:
``(c) Cooperative Conservation Educational Assistance Program.--The
Secretary shall establish a cooperative conservation educational
assistance program through which a student at an institution of higher
education, in a field of study such as agronomy, conservation biology,
engineering, and other subject relevant to the provision of technical
assistance under this section, may receive educational assistance in
exchange for a commitment of service to the Natural Resources
Conservation Service or other agency within the Department of
Agriculture involved in providing such assistance. Establishment of the
program shall be carried out by rulemaking, and the final rule shall be
issued not later than 180 days after the date of the enactment of this
subsection.''.
SEC. 209. PILOT PROGRAM REGARDING NATIVE PLANTS HABITAT RESTORATION AND
ENDANGERED OR THREATENED PLANT SPECIES RECOVERY.
(a) Establishment of Program.--The Secretary of Agriculture shall
carry out a pilot program at the Lockeford Plant Materials Center of
the Natural Resources Conservation Service to recover endangered or
threatened plant species and help restore habitat with native plants,
while enhancing agriculture operations. The pilot program shall be
known as the native plants habitat restoration and endangered or
threatened plant species recovery pilot program.
(b) Elements of Program.--Under the program, the Lockeford Plant
Materials Center shall--
(1) collect endangered or threatened plants and plant
materials, with the consent of affected landowners, from
throughout the State of California, propagate them and develop
a seed source for agriculture and other interested parties to
be able to use the plants as part of commercial and agriculture
operations for restoration purposes;
(2) develop and demonstrate endangered or threatened plant
production methods;
(3) develop and demonstrate endangered or threatened plant
establishment and maintenance techniques; and
(4) assist with private sector planting of endangered or
threatened plants.
(c) Relation to Endangered Species Act.--
(1) Agreement.--The Secretary of the Interior may enter
into an agreement with the Secretary of Agriculture to
facilitate the implementation of this section with regard to an
endangered or threatened plant species if the Secretary of
Interior determines that the activities of the Lockeford Plant
Materials Center are likely to contribute to the conservation
of the species.
(2) Implementation regulations.--In consultation with the
Secretary of Agriculture, the Secretary of Interior shall
promulgate draft regulations for implementation of this
subsection not later than 90 days after the date of the
enactment of this Act and shall promulgate final regulations
for implementation of this subsection not later than 180 days
after that date.
(3) Protected activities.--The following activities shall
not be subject to section 7 or 9 of the Endangered Species Act
of 1973 (16 U.S.C. 1536, 1538):
(A) Any determination of the Secretary of the
Interior made under paragraph (1) or any agreement
entered into under such paragraph.
(B) Any action taken to implement such agreement.
(C) The sale or offering for sale by the Lockeford
Plant Materials Center of any plants, including seeds,
parts, products, or progeny thereof, for use in
restoration efforts as part of an agricultural
operation.
(D) The consideration of or promulgation of draft
and final regulations under paragraph (2).
(4) Presence of plants from center.--The presence of any
plants obtained from the Lockeford Plant Materials Center, or
the progeny of such plants, on non-Federal land shall not be
taken into account by the Secretary of the Interior in carrying
out section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536).
(d) Technical Assistance.--The Secretary shall request the United
States Fish and Wildlife Service to provide technical assistance to the
Lockeford Plant Materials Center to carry out the program.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $8,000,000 for each of fiscal years 2008
through 2012 to carry out the program.
SEC. 210. EXCLUSION OF PAYMENTS UNDER DEPARTMENT OF AGRICULTURE
CONSERVATION PROGRAMS FROM ADJUSTED GROSS INCOME
LIMITATION.
Section 1001D(b)(2) of the Food Security Act of 1985 (7 U.S.C.
1308-3a) is amended by striking subparagraph (C).
TITLE III--TRADE
SEC. 301. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
(a) Funding and Carryover of Funding.--Subsection (d) of section
3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
5680) is amended to read as follows:
``(d) Funding and Carryover of Funding.--
``(1) Funding.--To carry out the program, the Secretary
shall make available funds of the Commodity Credit Corporation,
or an equal value of commodities owned by the Commodity Credit
Corporation, in the amount of--
``(A) $4,000,000 for fiscal year 2008;
``(B) $6,000,000 for fiscal year 2009;
``(C) $8,000,000 for fiscal year 2010;
``(D) $10,000,000 for each of fiscal years 2011 and
2012.
``(2) Carryover of funding.--Funds made available for the
program under paragraph (1) or under section 201 of the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-
465; 118 Stat. 3884) shall remain available until expended.''.
(b) Flexibility.--Such section is further amended by adding at the
end the following new subsection:
``(e) Flexibility.--In providing technical assistance under the
program, the Secretary should provide for case-by-case extensions, upon
the approval of the Administrator of the Foreign Agricultural Service,
of time frames provided by regulations in connection with that
assistance.''.
SEC. 302. COORDINATION OF TRADE OBJECTIVES BETWEEN KEY AGENCIES.
The President shall take steps to ensure increased coordination
among relevant agencies within the Department of Agriculture and other
agencies within the Executive branch of export and import trade
objectives and greater transparency on work related to sanitary and
phytosanitary trade issues.
SEC. 303. MARKET ACCESS PROGRAM.
Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7
U.S.C. 5641(c)(1)(A)) is amended--
(1) by striking ``and'' before ``$200,000,000''; and
(2) by inserting ``and $350,000,000 for each of fiscal
years 2008 through 2012,'' after ``2007,''.
SEC. 304. GRANT PROGRAM FOR MARKET ANALYSIS RELATED TO ANTI-DUMPING AND
COUNTERVAILING DUTY CASES INVOLVING SPECIALTY CROPS.
(a) Grants Authorized.--The Secretary of Agriculture may make
grants under this section to a State agency or an association of
specialty crop producers (in this section referred to as an ``eligible
entity'') to conduct or procure market analysis in connection with
anti-dumping and countervailing duty cases involving a specialty crop
under consideration by the United States International Trade Commission
or the Department of Commerce.
(b) Grant Criteria.--To be eligible for a grant under this section,
an eligible entity must establish to the satisfaction of the Secretary
that--
(1) there has been significant price underselling of the
imported specialty crop, as compared with the previous three-
year average price of the domestic specialty crop; and
(2) there is a significant increase of the volume or market
penetration of the imported specialty crop over the previous
three years.
(c) Matching Funds.--An eligible entity receiving a grant under
this section shall contribute non-Federal funds toward the market
analysis project for which the grant is provided in an amount at least
equal to the amount of the grant.
(d) Funding.--The Secretary of Agriculture shall use $10,000,000 of
funds of the Commodity Credit Corporation for each of the fiscal years
2008 through 2012 to make grants under this section.
SEC. 305. SENSE OF CONGRESS REGARDING CERTAIN ANTITRUST LAWS APPLICABLE
TO AGRICULTURE.
It is the sense of Congress that the Export Trading Company Act
(ETC), the Webb-Pomerene Export Act, and the Capper-Volstead Act should
be strongly supported because these antitrust laws promote United
States agricultural exports and allow specialty crop producers key
protections.
TITLE IV--INVASIVE PESTS AND DISEASES
SEC. 401. THREAT IDENTIFICATION AND MITIGATION PROGRAM.
(a) Establishment.--The Administrator of the Animal and Plant
Health Inspection Service shall establish and administer a program to
determine and prioritize foreign threats to domestic production of
specialty crops, including threats of bioterrorism.
(b) Program.--In conducting the program established under
subsection (a), the Administrator of the Animal and Plant Health
Inspection Service shall--
(1) protect the interests of the domestic specialty crop
industry;
(2) prevent, control, and eradicate foreign and domestic
pest and disease threats in the United States;
(3) consult with the Administrator of the Agricultural
Research Service, where appropriate; and
(4) not use funds available pursuant to subsection (c) for
eradication efforts that enhance import opportunities into the
United States.
(c) Funding.--Of the funds available to the Commodity Credit
Corporation, the Administrator shall use $100,000,000 in each of fiscal
years 2008 through 2012 to carry out this section.
SEC. 402. EMERGENCY ERADICATION PROGRAMS.
(a) In General.--The Secretary of Agriculture shall use funds
available to the Commodity Credit Corporation for emergency response
and eradication programs, including for the hiring of additional
personnel. Such funds shall be used only for domestic emergency
response and eradication.
(b) Compensation.--If the Secretary of Agriculture determines that
compensation should be provided to a grower under an emergency
eradication program under subsection (a), the Secretary shall provide
such compensation using the existing administrative services of the
Farm Service Agency and the Animal and Plant Health Inspection Service.
SEC. 403. ANIMAL AND PLANT HEALTH INSPECTION SERVICE EXPORT DIVISION.
(a) Establishment.--The Administrator of the Animal and Plant
Health Inspection Service shall establish a sanitary and phytosanitary
export petitions division within the Animal and Plant Health Inspection
Service.
(b) Duties.--The division established under subsection (a) shall--
(1) process sanitary and phytosanitary export petitions;
(2) establish a public docket for sanitary and
phytosanitary export petitions; and
(3) complete review of sanitary and phytosanitary export
petitions filed on or before the date of the enactment of this
Act not later than five years after such date.
SEC. 404. CONSULTATIONS ON SANITARY AND PHYTOSANITARY RESTRICTIONS FOR
FRUITS AND VEGETABLES.
(a) Amendments.--Section 2104(b)(2)(A)(ii)(II) of the Bipartisan
Trade Promotion Authority Act of 2002 (19 U.S.C. 3804(b)(2)(A)(ii)(II))
is amended--
(1) by striking ``whether the products so identified'' and
inserting ``whether--
``(aa) the products so
identified''; and
(2) by adding at the end the following:
``(bb) any fruits or vegetables so
identified are subject to or likely to
be subject to unjustified sanitary or
phytosanitary restrictions, including
those not based on scientific
principles in contravention of the
Uruguay Round Agreements, as determined
by the United States Trade
Representative in consultation with the
Agricultural Technical Advisory
Committee for Trade in Fruits and
Vegetables of the Department of
Agriculture; and''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to the initiation of negotiations to enter into any trade
agreement that is subject to the provisions of section 2103(b) of the
Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3804(b)) on
or after the date of the enactment of this Act.
SEC. 405. MULTI-SPECIES FRUIT FLY RESEARCH AND STERILE FLY PRODUCTION.
(a) Construction.--The Secretary of Agriculture shall construct a
warehouse and irradiation containment facility in Waimanalo, Hawaii, to
support fruit fly rearing activities and to house an irradiation to
sterilize fruit flies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $15,000,000 for the construction of a warehouse and
irradiation containment facility pursuant to subsection (a);
and
(2) $1,000,000 for fiscal year 2008 and each subsequent
fiscal year for maintenance to the facilities constructed
pursuant to this section.
TITLE V--NUTRITION
SEC. 501. FINDINGS.
Congress finds the following:
(1) Fruits and vegetables offer consumers a healthy and
nutritious product that is recognized as critical to the
prevention of heart disease, stroke, and some cancers and other
chronic diseases, the reduction of obesity and diabetes, and
the maintenance of overall good health.
(2) Proper nutrition is critical in promoting good health,
preventing disease, and improving quality of life.
(3) Agriculture policies and related domestic and
international nutrition assistance programs should support
incentives and key strategies that help Americans reach
national health goals and ultimately reduce health care costs.
SEC. 502. EXPANSION OF FRESH FRUIT AND VEGETABLE PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended in subsection (g)--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``July 2004 and each subsequent school year''
and inserting ``October 2007 and each school year
thereafter''; and
(B) by amending subparagraphs (A) and (B) to read
as follows:
``(A) 100 elementary or secondary schools in each
State;
``(B) additional elementary or secondary schools in
each State in proportion to the student population of
the State;''.
(2) in paragraph (3)(A), by striking ``paragraph (1)(B)''
and inserting ``paragraph (1)'';
(3) in paragraph (5), in each of subparagraphs (A) and (B),
by striking ``2008'' and inserting ``2011''; and
(4) in paragraph (6)(B)(i)--
(A) by striking ``October 1, 2004, and on each
October 1 thereafter,'' and inserting ``October 1,
2007, and on each October 1 thereafter,''; and
(B) by striking ``$9,000,000'' and inserting
``$300,000,000''.
SEC. 503. FRUIT AND VEGETABLE NUTRITION PROMOTION PROGRAM.
(a) In General.--The Secretary of Agriculture, acting through the
Administrator of the Agricultural Marketing Service, shall establish
and carry out a program to provide assistance to eligible trade
organizations to increase the consumption of fruits and vegetables in
the United States to meet Federal health guidelines.
(b) Requirements for Participation.--To be eligible for assistance
under this section, an organization shall--
(1) be an eligible trade organization;
(2) prepare and submit a plan to increase the consumption
of fruits and vegetables in the United States to the
Administrator of the Agricultural Marketing Service that meets
any guidelines governing such plans established by the
Administrator; and
(3) meet any other requirements established by the
Administrator.
(c) Eligible Trade Organizations.--An eligible trade organization
under this section shall be--
(1) a non-profit fruit and vegetable trade organizations in
the United States;
(2) a non-profit State or regional fruit and vegetable
organization;
(3) a fruit and vegetable agricultural cooperative in the
United States;
(4) a commodity board or commission in the United States;
or
(5) a small business engaged in the fruit and vegetable
industry in the United States.
(d) Matching Funds.--Assistance provided under this section shall
not exceed--
(1) in the case of an organization described in paragraphs
(1) through (4) of subsection (c), 90 percent of the cost of
the plan to increase the consumption of fruits and vegetables
in the United States submitted under subsection (b)(2); and
(2) in the case of an organization described in subsection
(c)(5), 50 percent of the cost of the plan to increase the
consumption of fruits and vegetables in the United States
submitted under subsection (b)(2).
(e) Funding.--Of the funds available to the Commodity Credit
Corporation, the Administrator of the Agricultural Marketing Service
shall use $100,000,000 in each of fiscal years 2008 through 2011 to
carry out this section.
SEC. 504. USE OF ``DIETARY GUIDELINES FOR AMERICANS'' IN SPECIAL
NUTRITION PROGRAMS AND SCHOOL LUNCH PROGRAMS.
Section 9(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(a)) is amended by adding at the end the following:
``(5) Allocations to be based on dietary guidelines.--For
school year 2007 and each school year thereafter, the Secretary
shall ensure that allocations of food and food ingredients
offered in school nutrition programs under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) are based
on the most recent Dietary Guidelines for Americans.''.
SEC. 505. SECTION 32 SPECIALTY CROP PURCHASES.
(a) Minimum Level of Purchases.--Section 32 of the Act of August
24, 1935 (7 U.S.C. 612c) is amended in the sixth sentence by inserting
after ``and their products'' the following: ``, and, for each of fiscal
years 2008 through 2012, the Secretary of Agriculture shall devote not
less than $400,000,000 of sums appropriated under this section to
purchases of non-basic agricultural commodities, such as fruits,
vegetables, and other specialty food crops''.
(b) Expansion of DOD Fresh Program.--Such section is further
amended by inserting after the sixth sentence, as amended by subsection
(a), the following new sentence: ``Of the funds specified in the
preceding sentence, the Secretary of Agriculture shall expend not less
than $150,000,000 for each of fiscal years 2008 through 2012 for the
purchase of fresh fruits and vegetables for distribution to schools and
service institutions in accordance with section 6(a) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1755(a)).''.
SEC. 506. SCHOOL PREFERENCE STUDY.
The Secretary of Agriculture shall carry out a study on the
preferences of elementary and secondary schools for commodity
distribution, including the extent to which such schools prefer
commodity distribution to include fresh fruits and vegetables, and
submit to Congress a report on the results of the study. The report
shall include an analysis of the logistical issues that would impede
efforts to increase the extent to which commodity distribution to
schools includes fresh fruits and vegetables, and shall include
recommendations for improving the availability of fresh fruits and
vegetables to schools.
SEC. 507. INDEPENDENT EVALUATION OF DEPARTMENT OF AGRICULTURE COMMODITY
PURCHASE PROCESS.
(a) Evaluation Required.--The Secretary of Agriculture shall
arrange to have performed an independent evaluation of the commodity
purchasing processes (and the statutory and regulatory authority
underlying such processes) used by the Department of Agriculture to
remove surplus commodities from the market and support commodity prices
and producer incomes, especially with regard to activities under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) and the
importance of increasing purchases of perishable specialty crops.
(b) Submission of Results.--The Secretary of Agriculture shall
submit to Congress a report on the results of the evaluation.
SEC. 508. AMENDMENTS TO THE FOOD STAMP PROGRAM.
(a) Definition.--Section 3 of the Food Stamp Act of 1977 (7 U.S.C.
2012) is amended by adding at the end the following:
``(v) `food stamp nutrition education' means direct education,
group activities, community health promotion, and comprehensive public
health approaches (including but not limited to, social marketing, mass
media, public-private partnerships, policy, systems and environmental
changes, and evaluation) that promote healthy eating and make healthy
food and physical activity choices more desired, affordable, and
accessible. To serve all those potentially eligible for food stamps,
nutrition education programs should be designed to reach large numbers
of low-income individuals. Programs shall support behavior change
consistent with the Dietary Guidelines for Americans, including a diet
rich in fruits and vegetables, whole grains, and low-fat milk
products.''.
(b) Administration.--Section 11(e)(1)(A) of the Food Stamp Act of
1977 (7 U.S.C. 2020(e)(1)(A) is amended by inserting ``, and provide
food stamp nutrition education'' after ``program'' .
SEC. 509. SENSE OF THE CONGRESS REGARDING NUTRITIONAL SUPPLEMENTS.
It is the sense of the Congress that benefits provided under the
Food Stamp Act of 1977 should not be available to purchase nutrition
supplements or anything other than food.
SEC. 510. FOOD STAMP FRUIT AND VEGETABLE EBT PILOT PROJECT.
(a) Finding.--The Congress finds that increased consumption of
fruits and vegetables by participants in the food stamp program will
significantly improve the overall dietary habits of such participants.
(b) Pilot Project.--The Secretary of Agriculture shall establish
and carry out a pilot project that will provide to each participant in
the food stamp program who receives benefits in the form of an
electronic benefit transfer, financial incentives for each dollar of
such benefits expended by such recipient to facilitate the purchase of
fresh fruits and vegetables.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of 5 fiscal years to carry out this
section.
TITLE VI--AGRICULTURAL RESEARCH
SEC. 601. SPECIALTY CROPS ECONOMIC AND POLICY RESEARCH INSTITUTE.
(a) Establishment.--There is established within the Department of
Agriculture a Specialty Crops Economic and Policy Research Institute to
study economic and public policy issues that affect the competitiveness
of United States specialty crops from a regional and national
perspective.
(b) Institute Objectives.--The objectives of the Institute
established under this section shall be as follows:
(1) To provide Congress with a resource for analysis of the
specialty crop sector, including the impact of changes in
domestic and international markets, production and new product
technologies, alternative policies and macroeconomic conditions
on specialty crop production, use, farm and retail prices, and
farm income and financial stability from a national, regional,
and farm-level perspective.
(2) To provide annual review of the economic state of the
specialty crop industry from a regional perspective.
(3) To provide specialty crop producers with World Wide
Web-based risk management tools that can be used to assess the
impact of policy, market, and technological change on their
production operations.
(4) To develop an information series that provides applied
information useful to specialty crop growers, their
associations, and other interested stakeholders in evaluating
that industry from a regional and national perspective.
(5) To disseminate the results of research through printed
reports, workshops, specialty crop grower association meetings,
and on the World Wide Web.
(6) To provide research and policy internship opportunities
for undergraduate and graduate students.
(c) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall make available $3,770,000 to carry out this section.
SEC. 602. DEVELOPMENT OF SPECIALTY CROP PRIORITY FOR THE NATIONAL
RESEARCH INITIATIVE.
The Secretary of Agriculture shall develop a specialty crop
priority area within the overall areas of emphasis of the National
Research Initiative. Funds available to the Secretary for the specialty
crop priority area shall be expended on the applied research and
extension programs that increase the quality of specialty crop
research.
SEC. 603. ESTABLISHMENT OF SPECIALTY CROP RESEARCH GRANTS PROGRAM FOR
PRODUCERS TO IMPROVE EFFICIENCY AND COMPETITIVENESS.
(a) Establishment.--The Secretary of Agriculture shall establish a
program to award grants to eligible entities to improve the efficiency
and competitiveness of United States specialty crop producers.
(b) Eligible Entities.--The Secretary shall determine eligible
entities for grants under this section. Such entities shall include
nonprofit United States specialty crop trade organizations and
foundations, nonprofit State and regional specialty crop organizations,
United States specialty crop agricultural cooperatives, commodity
boards and commissions, university research and extension programs, and
small United States businesses in the specialty crop industry.
(c) Use of Funds.--Funds from grants under this program shall be
used for one or more of the following:
(1) Research that addresses the short-term, intermediate,
and long term needs of the United States specialty crop
industry in production technology (such as plant breeding, pest
management, production, physiology, food science).
(2) Mechanization, marketing, product development, food
security, and food safety to improve the competitiveness of the
United States specialty crop industry.
(3) Development and implementation of industry-specific
strategic plans to prioritize research and develop United
States specialty crop industry and research collaboration.
(d) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall make available $200,000,000 for each of fiscal years
2008 through 2012 to carry out this section.
SEC. 604. NATIONAL CLEAN PLANT NETWORK.
(a) Establishment.--There is established in the Department of
Agriculture, as part of the Cooperative State Research, Education, and
Extension Service, a program to be known as the ``National Clean Plant
Network''. The Secretary of Agriculture shall use the network to
develop a sustainable national funding source for clean planting stock
programs for horticultural crops determined by the Secretary to be of
priority for the United States. Such funding shall be used to award
grants to entities that have the expertise, facilities, and climate
necessary to efficiently produce, maintain, and distribute healthy
planting stock for specialty crops.
(b) Priorities.--Section 1408A(c) of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 3123a(c)) is amended by adding at
the end the following:
``(4) Priorities for Federal research activities related to
United States specialty crops.''.
(c) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary of Agriculture shall make available $5,000,000 for each of
fiscal years 2008 through 2012 to carry out this section.
SEC. 605. PRIORITIZING CURRENT FEDERAL RESEARCH ACTIVITIES FOR
SPECIALTY CROPS.
The Secretary of Agriculture shall--
(1) coordinate with and assist producers and organizations
comprised of key stakeholders working together to develop and
implement applied research and extension related to the United
States specialty crop industry;
(2) deliver information to key stakeholders in a user-
friendly form, in addition to a standard research publication
and, in turn, be rewarded for their abilities to deliver
information to both the scientific community and the end-user;
and
(3) ensure that research and extension activities conducted
by Federal agencies be required to have industry-appointed
panels involved in the prioritization, administration, and
oversight of use of Federal available to develop and implement
applied research and extension related to the United States
specialty crop industry.
TITLE VII--RENEWABLE ENERGY
SEC. 701. INVENTORY OF SPECIALTY CROP BIOMASS WASTE AS PART OF ANNUAL
ASSESSMENT OF RENEWABLE ENERGY RESOURCES.
Section 201 of the Energy Policy Act of 2005 (Public Law 109-58; 42
U.S.C. 15851) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Inventory of Specialty Crop Biomass.--
``(1) Inventory.--As part of each assessment of biomass
renewable energy resources under subsection (a), the Secretary
shall develop an inventory, on a State and county basis, of
specialty crop biomass that could be potentially utilized in
the production of electric energy, useful heat, transportation
fuels, petroleum-based product substitutes, and other value-
added products.
``(2) Cooperation and funding.--The Secretary shall prepare
the inventory in cooperation with the Secretary of Agriculture,
and the Secretary of Agriculture may contribute up to
$25,000,000 of funds of the Commodity Credit Corporation each
fiscal year to assist in the development of the inventory.
Amounts contributed under this paragraph are in addition to
amounts appropriated pursuant to the authorization of
appropriations in subsection (d).
``(3) Definitions.--In this subsection:
``(A) Specialty crop.--The term `specialty crop'
has the meaning given that term in section 3(1) of the
Equitable Agriculture Today for a Healthy America Act.
``(B) Specialty crop biomass.--The term `specialty
crop biomass' means agricultural waste from specialty
crop production, including waste derived from orchard
tree crops, vineyard crops, and nut crops, and other
fruit and vegetable byproducts or residues.''.
SEC. 702. DEPARTMENT OF AGRICULTURE BIOENERGY PROGRAM.
(a) Definition of Eligible Commodities Under Program.--Subsection
(a)(3) of section 9010 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8108) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) specialty crop agricultural waste, including
waste derived from orchard tree crops, vineyard crops,
and nut crops, and other fruit and vegetable byproducts
or residues.''.
(b) Reauthorization.--Subsection (c) of such section is amended by
striking paragraph (2) and inserting the following new paragraph:
``(2) $175,000,000 for each of fiscal years 2008 through
2012.''.
SEC. 703. GRANTS FOR DEVELOPMENT OF BUSINESS PLANS AND CONSTRUCTION
PROJECTS TO USE SPECIALTY CROP BIOMASS WASTE FOR ELECTRIC
ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, PETROLEUM-
BASED PRODUCT SUBSTITUTES, AND OTHER COMMERCIAL PURPOSES.
(a) Biomass Commercial Use Grant Program.--The Secretary of
Agriculture may make a grant to any person for the purpose of assisting
the person to develop a business plan or construct a facility to use
specialty crop waste and residues as a raw material to produce electric
energy, sensible heat, transportation fuels, substitutes for petroleum-
based products, or other value-added products.
(b) Grant Share.--A grant under this section may not cover more
than 80 percent of the cost to develop the business plan or construct
the facility for which the grant is made.
(c) Selection.--The Secretary shall select grant recipients under
this section after giving consideration to the anticipated public
benefits of the project, including the quantity of specialty crop waste
and residues to be used by the resulting facility, opportunities for
the creation or expansion of small businesses and micro-businesses, and
the potential for new job creation.
(d) Monitoring of Grant Recipient Activities.--As a condition of a
grant under this section, the grant recipient shall keep such records
as the Secretary may require to fully and accurately disclose the use
of the grant funds.
(e) Report.--Not later than October 1, 2010, the Secretary of
Agriculture shall submit to Congress a report describing the results of
the grant program authorized by this section.
(f) Funding.--The Secretary of Agriculture shall use $25,000,000 of
funds of the Commodity Credit Corporation for each of the fiscal years
2007 through 2012 to make grants under this section.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. SPECIALTY CROP BLOCK GRANTS.
(a) Extension of Program.--Subsection (a) of section 101 of the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 7
U.S.C. 1621 note) is amended by striking ``2009'' and inserting
``2012''.
(b) Funding Source and Increase in Annual Funding.--Subsection (i)
of such section is amended to read as follows:
``(i) Funding.--The Secretary of Agriculture shall use $500,000,000
of funds of the Commodity Credit Corporation for each of the fiscal
years 2008 through 2012 to make grants under this section.''.
(c) Conforming Amendments.--Such section is further amended--
(1) in subsection (a), by striking ``Subject to the
appropriation of funds to carry out this section'' and
inserting ``Using the funds made available under subsection
(i)'';
(2) in subsection (b), by striking ``appropriated pursuant
to the authorization of appropriations in'' and inserting
``made available under''; and
(3) in subsection (c), by striking ``Subject to the
appropriation of sufficient funds to carry out this subsection,
each'' and inserting ``Each''.
SEC. 802. FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT; REQUESTS
BY STATE AGENCIES FOR EXEMPTIONS.
Section 18 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136p) is amended--
(1) by striking ``The Administrator may,'' and inserting
the following:
``(a) In General.--The Administrator may,''; and
(2) by adding at the end the following:
``(b) Request for Exemption; Report to Congress in Case of
Delay.--If a State agency requests an exemption under subsection (a)
and the Administrator does not approve or deny the request within the
50-day period beginning on the date on which the request was submitted
to the Administrator, the Administrator shall submit to the Committee
on Agriculture in the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry in the Senate, a report that
provides notice of such fact and an explanation of the reasons
underlying the failure of the Administrator to approve or deny the
request within such period.''.
SEC. 803. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN PLANTS AND
PLANT-DERIVED MATERIAL.
(a) Establishment.--The Secretary of Agriculture shall expand the
Office of Technology Transfer of the Department of Agriculture for the
purpose of encouraging the development and protection of intellectual
property rights in plants and material derived from plants.
(b) Duties.--The office shall be an advocate for the interests of
United States producers of specialty crops--
(1) before the Office of Patents, Trademarks, and
Copyrights of the United States Department of Commerce and
other Federal agencies; and
(2) in international governmental and nongovernmental
organizations dealing with intellectual property rights.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture $10,000,000 for each of
fiscal years 2008 through 2012 to carry out this section.
SEC. 804. GRANT PROGRAM TO IMPROVE TRANSPORTATION INFRASTRUCTURE TO
REDUCE COST OF TRANSPORTATION OF SPECIALTY CROPS.
(a) Grants Authorized.--The Secretary of Agriculture, acting
through the Transportation Services Branch of the Department of
Agriculture, may make grants under this section to an eligible entity
described in subsection (b)--
(1) to expand and improve transportation infrastructure to
improve the cost-effective movement of specialty crops to
markets inside or outside the United States; and
(2) to address regional intermodal transportation
deficiencies that adversely affect the movement of specialty
crops to markets inside or outside the United States.
(b) Eligible Grant Recipients.--Grants may be made under this
section to State and local governments, grower cooperatives, individual
specialty crop producers or groups of producers, individual shippers,
and State and regional producer and shipper organizations.
(c) Matching Funds.--The recipient of a grant under this section
shall contribute an amount of non-Federal funds toward the project for
which the grant is provided that is at least equal to the amount of
grant funds received by the recipient under this section.
(d) Funding.--The Secretary of Agriculture shall use $75,000,000 of
funds of the Commodity Credit Corporation for each of the fiscal years
2008 through 2012 to make grants under this section.
SEC. 805. ADDITIONAL FUNDS FOR AGRICULTURAL MARKETING SERVICE SPECIALTY
CROP MARKET NEWS ACTIVITIES.
From funds of the Commodity Credit Corporation, the Secretary of
Agriculture shall transfer $9,000,000 for each of the fiscal years 2008
through 2012 to the Agricultural Marketing Service to support the
market news activities of the Agricultural Marketing Service regarding
specialty crops.
SEC. 806. VALUE-ADDED GRANT PROGRAM TO PROMOTE CREATION, EXPANSION, OR
OPERATION OF VALUE-ADDED PROCESSING OF SPECIALTY CROPS.
(a) Grants Authorized.--The Secretary of Agriculture may make
grants to an eligible entity described in subsection (b) to promote the
creation, expansion, or operation of value-added processing in
connection with the production of a specialty crop.
(b) Eligible Grant Recipients.--To be eligible for a grant under
this section, an entity must be under majority ownership by a specialty
crop producer.
(c) Amount of Grant.--The total amount received by an entity under
this section may not exceed $150,000.
(d) Use of Grant.--An entity may use grant funds provided under
this section to create, expand, or operate value-added processing in
connection with production of a specialty crop. The grant funds may be
used to cover both operational and capital expenses,
(e) Matching Funds.--The recipient of a grant under this section
shall contribute an amount of non-Federal funds toward the project for
which the grant is provided that is at least equal to the amount of
grant funds received by the recipient under this section.
(f) Funding.--The Secretary of Agriculture shall use $150,000,000
of funds of the Commodity Credit Corporation for each of the fiscal
years 2008 through 2012 to make grants under this section.
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