[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1160 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1160

   To ensure an abundant and affordable supply of highly nutritious 
 fruits, vegetables, and other specialty crops for American consumers 
 and international markets by enhancing the competitiveness of United 
                     States-grown specialty crops.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2007

  Ms. Stabenow (for herself, Mr. Craig, Mr. Crapo, Mrs. Clinton, Mr. 
    Casey, Mr. Levin, Mrs. Boxer, Mrs. Feinstein, Mrs. Murray, Ms. 
 Cantwell, Mr. Wyden, Mr. Smith, Mr. Isakson, Mr. Brown, Mr. Menendez, 
Mr. Burr, and Ms. Snowe) introduced the following bill; which was read 
  twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 A BILL


 
   To ensure an abundant and affordable supply of highly nutritious 
 fruits, vegetables, and other specialty crops for American consumers 
 and international markets by enhancing the competitiveness of United 
                     States-grown specialty crops.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Specialty Crops 
Competition Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
                           TITLE I--MARKETING

Sec. 101. Implementation of food safety programs under marketing 
                            orders.
Sec. 102. Fruit and vegetable market news allocation.
Sec. 103. Grants to States to enhance competitiveness of specialty 
                            crops.
Sec. 104. Operating loans.
Sec. 105. Value-added grant program.
                     TITLE II--INTERNATIONAL TRADE

Sec. 201. Foreign market access study and strategy plan.
Sec. 202. Technical assistance for specialty crops.
Sec. 203. Protection of intellectual property rights in plants and 
                            plant-derived material.
Sec. 204. Plant patents.
Sec. 205. Coordination of trade objectives.
Sec. 206. Grants for market analysis of anti-dumping and countervailing 
                            duty cases.
             TITLE III--SPECIALTY CROP RESEARCH AND GRANTS

Sec. 301. National specialty crops development initiative grant 
                            program.
Sec. 302. Mechanized harvesting for production and processing methods.
         TITLE IV--INVASIVE PEST RESEARCH AND DISEASE RESPONSE

Sec. 401. Threat identification and mitigation program.
Sec. 402. Emergency control, prevention, and eradication programs.
Sec. 403. Restoration of import and entry agricultural inspection 
                            functions to the Department of Agriculture.
Sec. 404. Consultations on sanitary and phytosanitary restrictions for 
                            fruits and vegetables.
Sec. 405. Clean plant network.
    TITLE V--PERMANENT DISASTER RELIEF AUTHORITY FOR SPECIALTY CROPS

Sec. 501. Permanent authority to provide emergency agricultural 
                            assistance for specialty crops.
Sec. 502. Tree assistance program.
                          TITLE VI--NUTRITION

Sec. 601. Increased purchases of fruits and vegetables.
Sec. 602. Expansion of fresh fruit and vegetable program.
Sec. 603. Food stamp nutrition education.
Sec. 604. Food stamp fruit and vegetable electronic benefit transfer 
                            pilot project.
Sec. 605. Nutritional Education Program Review Committee.
Sec. 606. Sense of the Senate on Federal nutrition programs.
                        TITLE VII--MISCELLANEOUS

Sec. 701. Elimination of limitation on adjusted gross income from 
                            eligibility requirements for environmental 
                            quality incentives program.
Sec. 702. Technical assistance under conservation programs.
Sec. 703. Integrated pest management initiative.
Sec. 704. Sustainability practices.
Sec. 705. Exemption of State agencies from the Federal Insecticide, 
                            Fungicide, and Rodenticide Act.
Sec. 706. Transportation infrastructure cost reduction grant program.
Sec. 707. Office of Pest Management Policy.
Sec. 708. Food safety initiatives.
Sec. 709. Census of specialty crops.
Sec. 710. Farm Worker Housing.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) a secure domestic food supply is a national security 
        imperative for the United States;
            (2) a competitive specialty crop industry in the United 
        States is necessary for the production of an abundant, 
        affordable supply of highly nutritious fruits, vegetables, and 
        other specialty crops (including nursery crops, floriculture, 
        and low-growing dense perennial turfgrass sod), which are vital 
        to the health and well-being of all Americans;
            (3) increased consumption of specialty crops will provide 
        tremendous health and economic benefits to both consumers and 
        specialty crop growers;
            (4) specialty crop growers believe that there are numerous 
        areas of Federal agriculture policy that could be improved to 
        promote increased consumption of specialty crops and increase 
        the competitiveness of producers in the efficient production of 
        affordable specialty crops in the United States;
            (5) the competitiveness of United States specialty crop 
        producers depends on maintaining the current restrictions in 
        section 1106(b) of the Farm Security and Rural Investment Act 
        of 2002 (7 U.S.C. 7916(b)) that prohibit 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 1 year or other short-term shifts to specialty 
        crops;
            (6) as the globalization of markets continues, it is 
        becoming increasingly difficult for United States producers to 
        compete against heavily subsidized foreign producers in both 
        the domestic and foreign markets;
            (7) United States specialty crop producers continue to face 
        serious tariff and non-tariff trade barriers in many export 
        markets; and
            (8) Congress supports the intent of the market access 
        program established under section 203 of the Agricultural Trade 
        Act of 1978 (7 U.S.C. 5623).
    (b) Purpose.--It is the purpose of this Act to make necessary 
changes in and additions to Federal agricultural policy to accomplish 
the goals of increasing specialty crop consumption and improving the 
competitiveness of United States specialty crop producers.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Agriculture.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) Specialty crop.--The term ``specialty crop'' means 
        fruits, vegetables, tree nuts, dried fruits, nursery crops, 
        floriculture, and horticulture.
            (4) State.--The term ``State'' means each of the several 
        States of the United States.
            (5) State department of agriculture.--The term ``State 
        department of agriculture'' means the agency, commission, or 
        department of a State government responsible for protecting and 
        promoting agriculture in the State.

                           TITLE I--MARKETING

SEC. 101. IMPLEMENTATION OF FOOD SAFETY PROGRAMS UNDER MARKETING 
              ORDERS.

    Section 8c(7) of the Agricultural Adjustment Act (7 U.S.C. 
608c(7)), reenacted with amendments by the Agricultural Marketing 
Agreement Act of 1937, is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraph (D) and (E), respectively; and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
    ``(C) In the case of an order relating to a specialty crop (as 
defined in section 3 of the Specialty Crops Competitiveness Act of 
2004), authorizing the implementation of food safety programs, such as 
good agricultural and manufacturing practices, ISO 9000 standards, and 
Hazard Analysis of Critical Control Points programs, designed to 
enhance the safety of the specialty crop and products derived from 
specialty crops.''.

SEC. 102. FRUIT AND VEGETABLE MARKET NEWS ALLOCATION.

    (a) In General.--The Secretary, acting through the Administrator of 
the Agricultural Marketing Service, shall carry out market news 
activities to provide timely price information of United States fruits 
and vegetables in the United States.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $9,000,000 for each of fiscal 
years 2008 through 2012, to remain available until expended.

SEC. 103. GRANTS TO STATES TO ENHANCE COMPETITIVENESS OF SPECIALTY 
              CROPS.

    (a) Availability and Purpose of Grants.--
            (1) In general.--For each of fiscal years 2008 through 
        2012, the Secretary shall make a grant under this section to 
        each State that submits an application for a grant for that 
        fiscal year in accordance with the terms and conditions 
        established under paragraph (4).
            (2) Use of grant funds.--The grant funds shall be used by 
        the State department of agriculture solely to enhance the 
        competitiveness of United States specialty crops.
            (3) Maintenance of effort.--The State shall provide 
        assurances to the Secretary that funds provided to the State 
        under this section will be used only to supplement, not to 
        supplant, the amount of Federal, State, and local funds 
        otherwise expended in support of specialty crops and specialty 
        crop producers in the State.
            (4) Terms and conditions.--Not later than 180 days after 
        the date of enactment of this Act for fiscal year 2007 and 
        before commencement of each of fiscal years 2008 through 2012, 
        the Secretary shall establish terms and conditions for the 
        submission of grant applications for that fiscal year.
    (b) Amount.--
            (1) In general.--Subject to paragraph (2), the amount of 
        the grant for a fiscal year to a State under this section shall 
        bear the same ratio to the total amount made available under 
        subsection (e) for that fiscal year as--
                    (A) the value of specialty crop production in the 
                State during the preceding calendar year; bears to
                    (B) the value of specialty crop production during 
                that calendar year in all those States submitting 
                applications for a grant for that fiscal year.
            (2) Minimum grant amount.--At a minimum, each eligible 
        State shall receive $3,000,000 per fiscal year as a grant under 
        this section.
            (3) Availability of funds.--
                    (A) In general.--Any funds remaining after 
                allocations are made under paragraph (2) shall be 
                available on a competitive basis to any State 
                department of agriculture that submits an application 
                to the Secretary.
                    (B) Criteria.--The Secretary shall--
                            (i) establish criteria for review of 
                        applications submitted under subparagraph (A); 
                        and
                            (ii) award funds to applicants that best 
                        fulfill the criteria.
    (c) Grant Expenditure Priorities.--
            (1) In general.--It is the intent of Congress that 
        specialty crop producers, organizations, and commissions should 
        benefit from the disposition of grant funds under this section.
            (2) Eligibility.--To be eligible to receive a grant under 
        this section, a State department of agriculture shall conduct 
        at least 1 public hearing, or provide some other method for 
        public comment, to obtain the advice and opinion of specialty 
        crop producers, organizations, and commissions in the State 
        regarding the use of grant funds.
            (3) Consideration.--The Secretary shall ensure that a State 
        department of agriculture considers the advice and opinions 
        received under paragraph (2) when making decisions about the 
        use of grant funds.
    (d) Use of Commodity Credit Corporation.--Of funds of the Commodity 
Credit Corporation, the Secretary shall use to carry out this section--
            (1) $200,000,000 for fiscal year 2008;
            (2) $250,000,000 for fiscal year 2009;
            (3) $300,000,000 for fiscal year 2010;
            (4) $350,000,000 for fiscal year 2011; and
            (5) $400,000,000 for fiscal year 2012.

SEC. 104. OPERATING LOANS.

    Section 313(a)(1) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1943(a)(1)) is amended--
            (1) by inserting ``(or, if the borrower is a producer of a 
        specialty crop (as defined in section 3 of the Specialty Crops 
        Competition Act of 2007), $500,000)'' after ``$200,000''; and
            (2) by inserting ``(or, if the borrower is a producer of a 
        specialty crop (as so defined), $1,500,000)'' after 
        ``$700,000''.

SEC. 105. VALUE-ADDED GRANT PROGRAM.

    Section 231(b)(4) of the Agricultural Risk Protection Act of 2000 
(7 U.S.C. 1621 note; Public Law 106-224) is amended--
            (1) by striking ``2002'' and inserting ``2007'';
            (2) by striking ``2006'' and inserting ``2011''; and
            (3) by striking ``$40,000,000'' and inserting 
        ``$60,000,000''.

                     TITLE II--INTERNATIONAL TRADE

SEC. 201. FOREIGN MARKET ACCESS STUDY AND STRATEGY PLAN.

    (a) Definition of Uruguay Round Agreements.--In this section, the 
term ``Uruguay Round Agreements'' includes any agreement described in 
section 101(d) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)).
    (b) Study.--The Comptroller General of the United States shall 
study--
            (1) the extent to which United States specialty crops have 
        or have not benefitted from any reductions of foreign trade 
        barriers, as provided for in the Uruguay Round Agreements; and
            (2) the reasons why United States specialty crops have or 
        have not benefitted from such trade-barrier reductions.
    (c) Strategy Plan.--The Secretary shall prepare a foreign market 
access strategy plan based on the study in subsection (b), to increase 
exports of specialty crops, including an assessment of the foreign 
trade barriers that are incompatible with the Uruguay Round Agreements 
and a strategy for removing those barriers.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act--
            (1) the Comptroller General shall submit to Congress a 
        report that contains the results of the study; and
            (2) the Secretary shall submit to Congress the strategy 
        plan.

SEC. 202. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.

    Section 3205 of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 5680) is amended by striking subsection (d) and inserting the 
following:
    ``(d) Petition.--A participant in the program may petition the 
Secretary for an extension of a project carried out under this section 
that exceeds, or will exceed, applicable time restrictions.
    ``(e) Funding.--
            ``(1) In general.--The Secretary shall make available of 
        funds of, or an equal value of commodities owned by, the 
        Commodity Credit Corporation--
                    ``(A) $4,000,000 for fiscal year 2008;
                    ``(B) $6,000,000 for fiscal year 2009;
                    ``(C) $8,000,000 for fiscal year 2010; and
                    ``(D) $10,000,000 for each of fiscal years 2011 and 
                2012.
            ``(2) Carryover of unobligated funds.--In a case in which 
        the total amount of funds or commodities made available under 
        paragraph (1) for a fiscal year is not obligated in that fiscal 
        year, the Secretary shall make available in the subsequent 
        fiscal year an amount equal to--
                    ``(A) the amount made available for the fiscal year 
                under paragraph (1); plus
                    ``(B) the amount not obligated in the previous 
                fiscal year.''.

SEC. 203. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN PLANTS AND 
              PLANT-DERIVED MATERIAL.

    (a) Establishment.--The Secretary shall establish an office in the 
Department for the sole 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 Department of Commerce and other Federal 
        agencies; and
            (2) in international governmental and nongovernmental 
        organizations dealing with intellectual property rights.

SEC. 204. PLANT PATENTS.

    (a) Novelty.--Section 162 of title 35, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 162. Description, claim, novelty'';
            (2) in the first undesignated paragraph, by striking ``No 
        plant'' and inserting the following:
    ``(a) Description.--No plant'';
            (3) in the second undesignated paragraph, by striking ``The 
        claim'' and inserting the following:
    ``(b) Claim.--The claim''; and
            (4) by adding at the end the following:
    ``(c) Novelty.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        plant patent application shall be denied, nor shall any issued 
        plant patent be invalidated for failure to comply with section 
        102(b).
            ``(2) Exceptions.--Paragraph (1) shall not apply if--
                    ``(A) more than 4 years prior to the date of the 
                application for patent in the United States (or more 
                than 6 years in the case of a tree or vine), the plant 
                was--
                            ``(i) described in a printed publication in 
                        the United States and a foreign country; and
                            ``(ii) sold or otherwise available for 
                        asexual reproduction to other persons in the 
                        foreign country, by or with the consent of the 
                        inventor or discoverer, or the successor in 
                        interest of the inventor or discoverer; or
                    ``(B) more than 1 year prior to the date of the 
                application for patent in the United States, the plant 
                was in public use or on sale in the United States, by 
                or with the consent of the inventor or discoverer, or 
                the successor in interest of the inventor or 
                discoverer''.
    (b) Right of Priority.--Section 119 of title 35, United States 
Code, is amended--
            (1) in subsection (a), by adding before the period at the 
        end ``(except in the case of plant patents as provided in 
        subsection (f))''; and
            (2) by striking subsection (f) and inserting the following:
    ``(f) Plant Patents.--
            ``(1) In general.--An application for plant breeder's 
        rights filed in a WTO member country (or in a foreign UPOV 
        Contracting Party) shall--
                    ``(A) have the same effect for right of priority 
                under subsections (b) and (c) as applications for 
                patents, subject to the same conditions as apply to 
                applications for patents; and
                    ``(B) subject to paragraph (2), have the same 
                effect as a plant patent application would have if 
                filed in the United States on the date on which the 
                application for the rights of a plant breeder was filed 
                in the foreign country, if the application in the 
                United States is filed not later than 4 years (or 6 
                years in the case of a tree or vine) after the 
                application is filed in the foreign country.
            ``(2) Exception.--No patent shall be granted on any 
        application for a plant patent that--
                    ``(A) more than 4 years prior to the date of the 
                application for patent in the United States (or more 
                than 6 years in the case of a tree or vine), had been--
                            ``(i) described in a printed publication in 
                        the United States and a foreign country; and
                            ``(ii) sold or otherwise available for 
                        asexual reproduction to other persons in the 
                        foreign country, by or with the consent of the 
                        inventor or discoverer, or the successor in 
                        interest of the inventor or discoverer; or
                    ``(B) more than 1 year prior to the date of the 
                application for patent in the United States, had been 
                in public use or on sale in the United States.''.
    (c) Conforming Amendment.--The table of chapters for chapter 15 of 
title 35, United States Code is amended by striking the item relating 
to section 162 and inserting the following:

``162. Description, claim, novelty.''.
    (d) Application.--The amendments made by this section apply to--
            (1) all applications for plant patents filed on or after 
        the date of enactment of this Act, or pending on that date; and
            (2) in the case of the amendments made by subsection (a), 
        all plant patents in force on the date of enactment of this 
        Act.

SEC. 205. COORDINATION OF TRADE OBJECTIVES.

    The President shall ensure, to the maximum extent practicable, that 
there is--
            (1) increased coordination among relevant agencies in the 
        Department and other Federal agencies in the formulation and 
        implementation of export and import trade objectives; and
            (2) greater transparency on work related to sanitary and 
        phytosanitary trade issues.

SEC. 206. GRANTS FOR MARKET ANALYSIS OF ANTI-DUMPING AND COUNTERVAILING 
              DUTY CASES.

    (a) In General.--The Secretary may make grants under this section 
to a State agency or an association of specialty crop producers 
(referred to in this section 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 shall 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 3-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 3 
        years.
    (c) Matching Funds.--To be eligible to receive a grant under this 
section, an eligible entity that receives a grant under this section 
shall contribute non-Federal funds to carry out the market analysis 
project for which the grant is provided in an amount that is at least 
equal to the amount of the grant.
    (d) Funding.--For each of fiscal years 2008 through 2012, the 
Secretary shall use $10,000,000 of funds of the Commodity Credit 
Corporation to make grants under this section.

             TITLE III--SPECIALTY CROP RESEARCH AND GRANTS

SEC. 301. NATIONAL SPECIALTY CROPS DEVELOPMENT INITIATIVE GRANT 
              PROGRAM.

    (a) Establishment.--The Secretary 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.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall determine eligibility standards for grants under this 
        section.
            (2) Inclusions.--Eligible entities shall include--
                    (A) nonprofit United States specialty crop trade 
                organizations and foundations;
                    (B) nonprofit State and regional specialty crop 
                organizations;
                    (C) Federal agencies;
                    (D) United States specialty crop agricultural 
                cooperatives;
                    (E) agricultural commodity boards and commissions; 
                and
                    (F) research and extension programs of institutions 
                of higher education focusing on the specialty crop 
                industry.
    (c) Use of Funds.--As a condition of receiving a grant under this 
section, an eligible entity shall agree to use funds from grants for--
            (1) research that addresses the short-term, intermediate, 
        and long-term needs of the United States specialty crop 
        industry, including production technology (such as plant 
        breeding, pest and disease management, production, physiology, 
        food science), mechanization, marketing, product development, 
        health and nutrition, food security, and food safety to improve 
        the competitiveness of the United States specialty crop 
        industry; or
            (2) 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 use to carry out this section $200,000,000 for each of 
fiscal years 2008 through 2012.

SEC. 302. MECHANIZED HARVESTING FOR PRODUCTION AND PROCESSING METHODS.

    The Secretary shall authorize the Administrator of the Agricultural 
Research Service and the Administrator of the Cooperative State 
Research, Education, and Extension Service to conduct research in the 
areas of mechanized harvesting and new production and processing 
methods for specialty crops.

         TITLE IV--INVASIVE PEST RESEARCH AND DISEASE RESPONSE

SEC. 401. THREAT IDENTIFICATION AND MITIGATION PROGRAM.

    (a) Establishment.--The Secretary, acting through the Administrator 
of the Animal and Plant Health Inspection Service, shall establish 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 Secretary shall--
            (1) consult with the Director of the Center for Plant 
        Health Science and Technology;
            (2) conduct in partnership with States, early pest 
        detection and surveillance activities associated with the 
        Cooperative Agricultural Pest Survey;
            (3) develop risk assessments of the potential threat to the 
        specialty crop industry in the United States from foreign 
        threats;
            (4) collaborate with the National Plant Board--
                    (A) to prioritize foreign threats to the specialty 
                crop industry; and
                    (B) in consultation with State departments of 
                agriculture and other State or regional resource 
                partnerships, develop action plans that effectively 
                address the foreign threats, including pathway 
                analysis, offshore mitigation measures, and 
                comprehensive exclusion measures at ports of entry and 
                other key distribution centers in addition to 
                strategies to employ if the foreign pest or disease is 
                introduced;
            (5) implement action plans developed under paragraph (4)(B) 
        as soon as the action plans developed to test the effectiveness 
        of the action plans and help prevent new foreign and domestic 
        pest and disease threats from being introduced or widely 
        disseminated in the United States;
            (6) as appropriate, consult with the Administrator of the 
        Agricultural Research Service and use the expertise of the 
        Agricultural Research Service in the development of pest and 
        disease detection and control or eradication strategies; and
            (7) after prioritizing foreign threats and developing 
        action plans under paragraph (4), consult with the United 
        States Trade Representative to ensure that future trade 
        agreements include measures to mitigate the threats.
    (c) Reports.--Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter, the Secretary shall update and 
submit to Congress the priority list and action plans described in 
subsection (b)(4), including an accounting of funds expended on the 
action plans.
    (d) Funding.--
            (1) In general.--Of the funds of the Commodity Credit 
        Corporation, the Secretary shall use to carry out this section 
        $40,000,000 for each of fiscal years 2008 through 2012.
            (2) Prohibition.--The Secretary may not use funds made 
        available under paragraph (1) to carry out eradication efforts 
        that enhance import opportunities into the United States.

SEC. 402. EMERGENCY CONTROL, PREVENTION, AND ERADICATION PROGRAMS.

    (a) Extraordinary Emergency.--Section 415 of the Plant Protection 
Act (7 U.S.C. 7715) is amended by striking subsection (e) and inserting 
the following:
    ``(e) Secretarial Discretion.--The decision to declare an 
extraordinary emergency under subsection (a) shall--
            ``(1) be solely the decision of the Secretary; and
            ``(2) remain in effect until the Secretary determines that 
        the threat posed by the plant pest or noxious weed has 
        abated.''.
    (b) Compensation.--Section 416 of the Plant Protection Act (7 
U.S.C. 7716) is amended to read as follows:

``SEC. 416. COMPENSATION.

    ``(a) In General.--
            ``(1) General rule.--Except as provided in subsection (c), 
        the Secretary shall compensate the owner of any plant, plant 
        biological control organism, plant product, plant pest, noxious 
        weed, article, or means of conveyance destroyed or otherwise 
        disposed of by the Secretary under section 414 or 415.
            ``(2) Distribution restrictions.--If any plant or article 
        is located in a quarantine area and is restricted by the 
        quarantine from being moved or distributed outside of the 
        quarantine area, and the plant or article is inspected by the 
        Secretary and determined not to be infested with or capable of 
        transmitting any disease or pest, the owner of the plant or 
        article shall be eligible for compensation from the Secretary 
        for loss in market value attributable to the regulatory 
        restrictions in the distribution of the plant or article.
    ``(b) Amount.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        compensation under subsection (a) shall be based on the fair 
        market value, as determined by the Secretary, of the destroyed 
        plant, plant biological control organism, plant product, plant 
        pest, noxious weed, article, or means of conveyance.
            ``(2) Limitation.--Compensation paid any owner under this 
        section shall not exceed the difference between--
                    ``(A) the fair market value of the destroyed plant, 
                plant biological control organism, plant product, plant 
                pest, noxious weed, article, or means of conveyance; 
                and
                    ``(B) any compensation received by the owner from a 
                State or other source for the destroyed plant, plant 
                biological control organism, plant product, plant pest, 
                noxious weed, article, or means of conveyance.
            ``(3) Reviewability.--A determination by the Secretary of 
        the amount paid under this section shall be final and not 
        subject to--
                    ``(A) judicial review; or
                    ``(B) review of longer than 60 days by any officer 
                or employee of the Federal Government other than the 
                Secretary or the designee of the Secretary.
    ``(c) Exceptions.--No payment shall be made by the Secretary under 
this section for--
            ``(1) any plant, plant biological control organism, plant 
        product, plant pest, noxious weed, article, or means of 
        conveyance that has been moved or handled by the owner in 
        violation of this title or an agreement for the control and 
        eradication of diseases or pests;
            ``(2) any plant, plant biological control organism, plant 
        product, plant pest, noxious weed, article, or means of 
        conveyance that is refused entry under this title; or
            ``(3) any plant, plant biological control organism, plant 
        product, plant pest, noxious weed, article, or means of 
        conveyance that becomes or has become affected with or exposed 
        to any pest or disease because of a violation of this title or 
        an agreement for the control and eradication of diseases or 
        pests by the owner.''.
    (c) Transfer Authority.--Section 442 of the Plant Protection Act (7 
U.S.C. 7772) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Secretarial Discretion.--
            ``(1) Declaration of emergency.--The decision to declare an 
        emergency in connection with a plant pest or noxious weed that 
        threatens any part of the agricultural production of the United 
        States shall--
                    ``(A) be solely the decision of the Secretary; and
                    ``(B) remain in effect until the Secretary 
                determines that the threat posed by the plant pest or 
                noxious weed has abated.
            ``(2) Funds.--
                    ``(A) In general.--The decision of the Secretary to 
                transfer funds pursuant to this section shall be--
                            ``(i) based solely on the threat to 
                        agricultural production in the United States; 
                        and
                            ``(ii) except as provided in subparagraph 
                        (B), final.
                    ``(B) Prohibitions.--Notwithstanding any other 
                provision of law, it shall be unlawful for any officer 
                or employee of the Federal Government other than the 
                Secretary or the designee of the Secretary to 
                contradict, impede, or reverse the transfer of funds 
                the Secretary considers necessary for the arrest, 
                control, eradication, or prevention of the spread of a 
                plant pest or noxious weed and for related expenses.
    ``(d) Applied Research.--
            ``(1) In general.--The Secretary shall use such funds of 
        the Commodity Credit Corporation as the Secretary considers 
        necessary to carry out applied research to resolve issues that 
        may arise during a plant pest emergency, including research to 
        develop new or improved--
                    ``(A) diagnostic methods;
                    ``(B) biocontrol tools;
                    ``(C) eradication or control tools; or
                    ``(D) such other programs and activities as the 
                Secretary determines advance the effort to arrest, 
                control, eradicate, or prevent the spread of a plant 
                pest or noxious weed.
            ``(2) Cooperative agreements.--If feasible, the Secretary 
        may enter into a cooperative agreement with an affected State--
                    ``(A) to assist in the applied research, 
                prevention, eradication, or control programs; and
                    ``(B) if cost-effective, to use State personnel to 
                carry out the programs.
            ``(3) No cost share.--The Secretary may not delay 
        implementation of programs described in this subsection due to 
        the inability of a State or cooperator to provide a cost-share 
        to carry out the program.''.

SEC. 403. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION 
              FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE.

    (a) Repeal of Transfer of Functions.--Section 421 of the Homeland 
Security Act of 2002 (6 U.S.C. 231) is repealed.
    (b) Conforming Amendment to Function of Secretary of Homeland 
Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. 
202) is amended--
            (1) by striking paragraph (7); and
            (2) by redesignating paragraph (8) as paragraph (7).
    (c) Transfer Agreement.--
            (1) In general.--Not later than the effective date 
        described in subsection (g), the Secretary and the Secretary of 
        Homeland Security shall enter into an agreement to effectuate 
        the return of functions required by the amendments made by this 
        section.
            (2) Use of certain employees.--The agreement may include 
        authority for the Secretary to use employees of the Department 
        of Homeland Security to carry out authorities delegated to the 
        Animal and Plant Health Inspection Service regarding the 
        protection of domestic livestock and plants.
    (d) Restoration of Department Employees.--Not later than the 
effective date described in subsection (e), not less than 2,600 full-
time equivalent positions of the Department of Agriculture transferred 
to the Department of Homeland Security under section 421(g) of the 
Homeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the 
day before the effective date described in subsection (g)) shall be 
restored to the Department of Agriculture.
    (e) Authority of APHIS.--
            (1) Establishment of program.--The Secretary shall 
        establish within the Animal and Plant Health Inspection Service 
        a program, to be known as the ``International Agricultural 
        Inspection Program'', under which the Administrator of the 
        Animal and Plant Health Inspection Service (referred to in this 
        subsection as the ``Administrator'') shall carry out import and 
        entry agricultural inspections.
            (2) Information gathering and inspections.--In carrying out 
        the program under paragraph (1), the Administrator shall have 
        full access to--
                    (A) each secure area of any terminal for screening 
                passengers or cargo under the control of the Department 
                of Homeland Security on the day before the date of 
                enactment of this Act for purposes of carrying out 
                inspections and gathering information; and
                    (B) each database (including any database relating 
                to cargo manifests or employee and business records) 
                under the control of the Department of Homeland 
                Security on the day before the date of enactment of 
                this Act for purposes of gathering information.
            (3) Inspection alerts.--The Administrator may issue 
        inspection alerts, including by indicating cargo to be held for 
        immediate inspection.
            (4) Inspection user fees.--The Administrator may, as 
        applicable--
                    (A) continue to collect any agricultural quarantine 
                inspection user fee; and
                    (B) administer any reserve account for the fees.
            (5) Career track program.--
                    (A) In general.--The Administrator shall establish 
                a program, to be known as the ``import and entry 
                agriculture inspector career track program'', to 
                support the development of long-term career 
                professionals with expertise in import and entry 
                agriculture inspection.
                    (B) Strategic plan and training.--In carrying out 
                the program under this paragraph, the Administrator, in 
                coordination with the Secretary, shall--
                            (i) develop a strategic plan to incorporate 
                        import and entry agricultural inspectors into 
                        the infrastructure protecting food, fiber, 
                        forests, bioenergy, and the environment of the 
                        United States from animal and plant pests, 
                        diseases, and noxious weeds; and
                            (ii) as part of the plan under clause (i), 
                        provide training for import and entry 
                        agricultural inspectors participating in the 
                        program not less frequently than once each year 
                        to improve inspection skills.
    (f) Duties of Secretary.--
            (1) In general.--The Secretary shall--
                    (A) develop standard operating procedures for 
                inspection, monitoring, and auditing relating to import 
                and entry agricultural inspections, in accordance with 
                recommendations from the Comptroller General of the 
                United States and reports of interagency advisory 
                groups, as applicable; and
                    (B) ensure that the Animal and Plant Health 
                Inspection Service has a national electronic system 
                with real-time tracking capability for monitoring, 
                tracking, and reporting inspection activities of the 
                Service.
            (2) Federal and state cooperation.--
                    (A) Communication system.--The Secretary shall 
                develop and maintain an integrated, real-time 
                communication system with respect to import and entry 
                agricultural inspections to alert State departments of 
                agriculture of significant inspection findings of the 
                Animal and Plant Health Inspection Service.
                    (B) Advisory committee.--
                            (i) Establishment.--The Secretary shall 
                        establish a committee, to be known as the 
                        ``International Trade Inspection Advisory 
                        Committee'' (referred to in this subparagraph 
                        as the ``committee''), to advise the Secretary 
                        on policies and other issues relating to import 
                        and entry agricultural inspection.
                            (ii) Model.--In establishing the committee, 
                        the Secretary shall use as a model the 
                        Agricultural Trade Advisory Committee.
                            (iii) Membership.--The committee shall be 
                        composed of members representing--
                                    (I) State departments of 
                                agriculture;
                                    (II) directors of ports and 
                                airports in the United States;
                                    (III) the transportation industry;
                                    (IV) the public; and
                                    (V) such other entities as the 
                                Secretary determines to be appropriate.
            (3) Report.--Not less frequently than once each year, the 
        Secretary shall submit to Congress a report containing an 
        assessment of--
                    (A) the resource needs for import and entry 
                agricultural inspection, including the number of 
                inspectors required;
                    (B) the adequacy of--
                            (i) inspection and monitoring procedures 
                        and facilities in the United States; and
                            (ii) the strategic plan developed under 
                        subsection (e)(5)(B)(i); and
                    (C) new and potential technologies and practices, 
                including recommendations regarding the technologies 
                and practices, to improve import and entry agricultural 
                inspection.
            (4) Funding.--The Secretary shall pay the costs of each 
        import and entry agricultural inspector employed by the Animal 
        and Plant Health Inspection Service--
                    (A) from amounts made available to the Department 
                of Agriculture for the applicable fiscal year; or
                    (B) if amounts described in subparagraph (A) are 
                unavailable, from amounts of the Commodity Credit 
                Corporation.
    (g) Effective Date.--The amendments made by this section take 
effect on the date that is 180 days after the date of enactment of this 
Act.

SEC. 404. CONSULTATIONS ON SANITARY AND PHYTOSANITARY RESTRICTIONS FOR 
              FRUITS AND VEGETABLES.

    (a) Consultations on Sanitary and Phytosanitary Restrictions for 
Fruits and Vegetables.--To the maximum extent practicable, the 
Secretary shall consult with interested persons, and conduct annual 
briefings, on sanitary and phytosanitary trade issues, including--
            (1) the development of a strategic risk management 
        framework; and
            (2) as appropriate, implementation of peer review for risk 
        analysis.
    (b) Special Consultations on Import-Sensitive Products.--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''; 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 restrictions not 
                                        based on scientific principles 
                                        in contravention of the Uruguay 
                                        Round Agreements, as determined 
                                        by the United States Trade 
                                        Representative Technical 
                                        Advisory Committee for Trade in 
                                        Fruits and Vegetables of the 
                                        Department of Agriculture; 
                                        and''.
    (c) Effective Date.--The amendments made by subsection (b) apply 
with respect to the initiation of negotiations to enter into any trade 
agreement that is subject to section 2103(b) of the Bipartisan Trade 
Promotion Authority Act of 2002 (19 U.S.C. 3803(b)) on or after the 
date of the enactment of this Act.

SEC. 405. CLEAN PLANT NETWORK.

    (a) In General.--The Secretary shall establish a program to be 
known as the ``National Clean Plant Network'' (referred to in this 
section as the ``Program'').
    (b) Requirements.--Under the Program, the Secretary shall establish 
a network of clean plant centers for diagnostic and pathogen 
elimination services to--
            (1) produce clean propagative plant material; and
            (2) maintain blocks of pathogen-tested plant material in 
        sites located throughout the United States.
    (c) Availability of Clean Plant Source Material.--Clean plant 
source material may be made available to--
            (1) a State for a certified plant program of the State; and
            (2) private nurseries and growers.
    (d) Consultation and Collaboration.--In carrying out the Program, 
the Secretary shall--
            (1) consult with State departments of agriculture and land 
        grant universities; and
            (2) to the extent practicable and with input from the 
        appropriate State officials and industry representatives, use 
        existing Federal or State facilities to serve as clean plant 
        centers.
    (e) Funding.--The Secretary shall use $5,000,000 each year of funds 
of the Commodity Credit Corporation to carry out the Program.

    TITLE V--PERMANENT DISASTER RELIEF AUTHORITY FOR SPECIALTY CROPS

SEC. 501. PERMANENT AUTHORITY TO PROVIDE EMERGENCY AGRICULTURAL 
              ASSISTANCE FOR SPECIALTY CROPS.

    The Specialty Crops Competitiveness Act of 2004 (Public Law 108-
465; 118 Stat. 3882) is amended by adding at the end the following:

             ``TITLE V--PERMANENT DISASTER RELIEF AUTHORITY

``SEC. 501. PERMANENT AUTHORITY TO PROVIDE EMERGENCY AGRICULTURAL 
              ASSISTANCE FOR SPECIALTY CROPS.

    ``(a) Definitions.--In this section:
            ``(1) Federally declared disaster area.--The term 
        `federally declared disaster area' means--
                    ``(A) a county covered by--
                            ``(i) a Presidential declaration of major 
                        disaster issued under section 401 of the Robert 
                        T. Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5170); or
                            ``(ii) a declaration by the Secretary of a 
                        disaster area under subpart A of part 1945 of 
                        title 7, Code of Federal Regulations (or 
                        successor regulations); and
                    ``(B) each county contiguous to a county described 
                in subparagraph (A).
            ``(2) First handler.--The term `first handler' means a 
        person that prepares for marketing and markets specialty crops 
        produced by the person.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
    ``(b) Equitable Treatment of Specialty Crop Producers in 
Distribution of Disaster Assistance.--Subject to subsection (c), in 
providing disaster assistance to specialty crop producers that have 
suffered losses due to natural disasters, the Secretary shall ensure, 
to the maximum extent practicable, that--
            ``(1) specialty crop producers crops receive assistance 
        through programs that are designed to meet the specific needs 
        of the specialty crop producers and reflect the production 
        practices of the specialty crop producers; and
            ``(2) eligibility for assistance and the provision of 
        assistance shall be without regard to eligibility for or 
        provision of assistance under other programs of the Department 
        of Agriculture, including--
                    ``(A) direct payments under section 1103 or 1303 of 
                the Farm Security and Rural Investment Act of 2002 (7 
                U.S.C. 7913, 7953);
                    ``(B) crop insurance under the Federal Crop 
                Insurance Act (7 U.S.C. 1501 et seq.); and
                    ``(C) the noninsured crop assistance program under 
                section 196 of the Federal Agriculture Improvement and 
                Reform Act of 1996 (7 U.S.C. 7333).
    ``(c) Specialty Crop Disaster Assistance.--
            ``(1) Authority to provide emergency assistance.--The 
        Secretary shall use the funds of the Commodity Credit 
        Corporation to make emergency financial assistance available to 
        producers on a farm that incur qualifying crop losses for a 
        specialty crop due to damaging weather or related condition, as 
        determined by the Secretary, that results in the designation of 
        the county in which the farm is located as a federally declared 
        disaster area.
            ``(2) Administration.--In administering any disaster 
        assistance program for specialty crops, the Secretary shall, to 
        the maximum extent practicable, ensure that quality loss 
        determinations adequately address losses that result from the 
        inability of producers on a farm to market the specialty crop 
        for the originally intended use in order to ensure that the 
        producers on a farm are adequately compensated for the 
        difference in values based upon actual, rather than intended, 
        market use.
            ``(3) Flexible payment limitations for disaster payments.--
                    ``(A) Flexible payment limitations.--In lieu of 
                using a single, specific dollar amount limitation on 
                the total amount of disaster assistance that producers 
                on a farm may receive for a specialty crop under this 
                section, the Secretary shall develop and use a series 
                of payment limitations that reflect cost-of-production 
                and crop value variations.
                    ``(B) Use of data.--In developing payment 
                limitations under subparagraph (A), the Secretary may 
                use the most relevant undated data relating to cost of 
                production and crop value that is maintained by any 
                federally-funded institution, including an agency of 
                the Department of Agriculture or a college or 
                university eligible to receive funds under the Act of 
                July 2, 1862 (7 U.S.C. 301 et seq.), in the State or 
                region in which the disaster occurred.
                    ``(C) Applicability.--The flexible payment 
                limitations required by subparagraph (A) shall apply to 
                any natural disaster occurring on or after the date of 
                the enactment of this section for which disaster 
                assistance is provided by the Secretary under this 
                section or any other provision of law to producers on a 
                farm for a specialty crop.
            ``(4) Adjusted gross income limitations on receipt of 
        disaster assistance by first handlers of specialty crops.--In 
        applying any gross income limitations to a first handler of a 
        specialty crop, the Secretary shall treat income derived by the 
        first handler from the initial preparation of the specialty 
        crop for marketing, and the marketing of the specialty crop, as 
        income derived from a farming operation.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated such amounts as are necessary to reimburse the Commodity 
Credit Corporation for funds expended by the Secretary under this 
section.
    ``(e) Effective Date.--This section applies to the 2007 and 
subsequent crop years.''.

SEC. 502. TREE ASSISTANCE PROGRAM.

    (a) Inclusion of Nursery Tree Growers.--
            (1) Definition of nursery tree grower.--Section 10201 of 
        the Farm Security and Rural Investment Act of 2002 (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:
            ``(3) Nursery tree grower.--The term `nursery tree grower' 
        means a person that produces nursery, ornamental, fruit, nut, 
        or Christmas trees for commercial sale.''.
            (2) Eligibility.--Section 10202 of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 8202) is amended--
                    (A) in subsection (a), by inserting ``and nursery 
                tree growers'' after ``eligible orchardists''; and
                    (B) in subsection (b), by inserting ``or nursery 
                tree grower'' after ``eligible orchardist'' each place 
                it appears.
            (3) Assistance.--Section 10203 of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 8203) is amended by 
        inserting ``and nursery tree growers'' after ``eligible 
        orchardists''.
    (b) Increase in Authorized Amount of Assistance.--Section 10204(a) 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8204(a)) 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 
under the tree assistance program.

                          TITLE VI--NUTRITION

SEC. 601. INCREASED PURCHASES OF FRUITS AND VEGETABLES.

    Section 10603 of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 612c-4) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Of the funds'' and inserting the 
                following:
            ``(1) In general.--Of the funds'';
                    (B) in paragraph (1) (as designated by paragraph 
                (1)), by striking ``shall use not'' and inserting 
                ``shall use, in addition to an amount equal to the 
                amount used for fiscal year 2001, not''; and
                    (C) by adding at the end the following:
            ``(2) No effect on other purchases.--The purchase of 
        additional fruits, vegetables, and other specialty food crops 
        under paragraph (1) shall not decrease, displace, or otherwise 
        affect any purchase by the Secretary.
            ``(3) Surplus removal waiver.--Notwithstanding any other 
        provision of law, the Secretary may waive the application of 
        any provision of section 32 of the Act of August 24, 1935 (7 
        U.S.C. 612c), in order to comply with this subsection.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Expansion of DoD Fresh Fruit and Vegetable Distribution 
Program.--Of the funds set aside under subsection (a)(1), the Secretary 
shall use to purchase 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)), not 
less than--
            ``(1) $50,000,000 for fiscal year 2008;
            ``(2) $70,000,000 for the period of fiscal years 2009 
        through 2010;
            ``(3) $100,000,000 for fiscal year 2011; and
            ``(4) $125,000,000 for fiscal year 2012.''.

SEC. 602. EXPANSION OF FRESH FRUIT AND VEGETABLE PROGRAM.

    Section 18(g) of the Richard B. Russell National School Lunch (42 
U.S.C. 1769(g)) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (A), (B), and 
                (C) as clauses (i), (ii), and (iii), respectively, and 
                indenting appropriately;
                    (B) by striking ``(1)'' and all that follows 
                through ``each subsequent school year,'' and inserting 
                the following:
            ``(1) Program.--
                    ``(A) Initial program.--For the school year 
                beginning July 2007 and each subsequent school year 
                through the school year beginning July 2009,'';
                    (C) by striking clauses (i) and (ii) (as 
                redesignated by subparagraph (A)) and inserting the 
                following:
                            ``(i) 25 elementary or secondary schools in 
                        each State; and''; and
                    (D) by adding at the end the following:
                    ``(B) Expansion.--
                            ``(i) In general.--For the school year 
                        beginning July 2010 and each subsequent school 
                        year, the Secretary shall expand the program 
                        described in subparagraph (A)(i) to make free 
                        fresh fruit and vegetables available to the 
                        maximum number of elementary and secondary 
                        schools possible, if the Secretary determines 
                        that, as compared to the preceding fiscal year, 
                        there is no decrease in--
                                    ``(I) the total number of children 
                                served by the program; or
                                    ``(II) the nutritional value of the 
                                meals served accordance with the 
                                program.
                            ``(ii) Indian reservations.--For the school 
                        year beginning July 2010 and each subsequent 
                        school year, the Secretary shall carry out the 
                        program described in subparagraph (A)(ii) on an 
                        additional 12 Indian reservations, chosen by 
                        the Secretary on a competitive basis.'';
            (2) in paragraph (3)(A), by striking ``paragraph (1)(B)'' 
        and inserting ``paragraph (1)'';
            (3) in paragraph (5), by striking ``2008'' each place it 
        appears and inserting ``2011'';
            (4) in paragraph (6)--
                    (A) by striking subparagraph (B);
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively; and
                    (C) in subparagraph (B) (as redesignated by 
                subparagraph (B)), by striking ``subparagraphs (A) and 
                (B)'' and inserting ``subparagraph (A) and paragraph 
                (7)''; and
            (5) by adding at the end the following:
            ``(7) Mandatory funds.--
                    ``(A) In general.--On October 1, 2007, and on each 
                October 1 thereafter through October 1, 2009, out of 
                any funds in the Treasury not otherwise appropriated, 
                the Secretary of the Treasury shall transfer to the 
                Secretary to carry out this subsection $50,000,000, to 
                remain available until expended.
                    ``(B) Subsequent funding.--
                            ``(i) In general.--Subject to clause (ii), 
                        on October 1, 2010 and October 1, 2011, out of 
                        any funds in the Treasury not otherwise 
                        appropriated, the Secretary of the Treasury 
                        shall transfer to the Secretary to carry out 
                        this subsection $100,000,000, to remain 
                        available until expended.
                            ``(ii) Allocation.--Except as provided in 
                        clause (iii), in carrying out the program under 
                        this subsection for each of fiscal years 2011 
                        and 2012, the Secretary shall allocate amounts 
                        made available pursuant to clause (i) to 
                        eligible programs in each State based on the 
                        ratio that--
                                    ``(I) the number of students in the 
                                State that receive free or reduced 
                                price school lunches under this Act; 
                                bears to
                                    ``(II) the number of students in 
                                all States that receive free or reduced 
                                price school lunches under this Act.
                            ``(iii) Limitations.--For the period of 
                        fiscal years 2011 and 2012, the Secretary shall 
                        ensure that no State receives under this 
                        subsection--
                                    ``(I) less than $1,000,000; or
                                    ``(II) more than $5,000,0000.
                            ``(iv) Indian reservations.--For each of 
                        fiscal years 2011 and 2012, the Secretary shall 
                        use $5,000,000 to carry out the program under 
                        this subsection on Indian reservations 
                        described in subparagraphs (A)(ii) and (B)(ii) 
                        of paragraph (1).
                    ``(C) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this section the funds transferred under 
                subparagraphs (A) and (B)(i), without further 
                appropriation.
                    ``(D) Administrative expenses.--For fiscal year 
                2008 and each succeeding fiscal year, the Secretary may 
                reserve not more than 1 percent of the amounts made 
                available to carry out this subsection to use for 
                administrative expenses in carrying out this 
                subsection.
                    ``(E) State administrative costs.--
                            ``(i) In general.--Subject to clause (ii), 
                        for fiscal year 2008 and each succeeding fiscal 
                        year, a State may use not more than 5 percent 
                        of the amount received by a State to carry out 
                        this subsection for administrative expenses in 
                        carrying out this subsection.
                            ``(ii) Plan.--To be eligible to use funds 
                        in accordance with clause (i), a State shall 
                        submit to the Secretary, and obtain approval of 
                        the Secretary for, a plan that describes how 
                        the State intends to use the funds.
                    ``(F) Federal requirements.--Not later than 1 year 
                after the date of enactment of this paragraph, the 
                Secretary shall establish requirements to be followed 
                by States in administering this subsection.''.

SEC. 603. FOOD STAMP NUTRITION EDUCATION.

    (a) Definition of Food Stamp Nutrition Education.--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.--The term `food stamp 
nutrition education' means direct education, group activities, 
community health promotion, and comprehensive public health approaches 
(including social marketing, mass media, public-private partnerships, 
policy, systems and environmental changes, and evaluation) that--
            ``(1) promote healthy eating;
            ``(2) make healthy food and physical activity choices more 
        desired, affordable, and accessible;
            ``(3) are designed to reach large numbers of low-income 
        individuals; and
            ``(4) support behavior change consistent with the most 
        recent Dietary Guidelines for Americans published under section 
        301 of the National Nutrition Monitoring and Related Research 
        Act of 1990 (7 U.S.C. 5341), including promotion of 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. 604. FOOD STAMP FRUIT AND VEGETABLE ELECTRONIC BENEFIT TRANSFER 
              PILOT PROJECT.

    (a) Pilot Project.--The Secretary shall establish and carry out a 
pilot project to provide to each participant in the food stamp program 
established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) 
who receives benefits in the form of an electronic benefit transfer 
financial incentives for each dollar of the benefits expended by the 
participant to facilitate the purchase of fresh fruits and vegetables.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 for each of fiscal years 2008 through 2012 to 
carry out this section.

SEC. 605. NUTRITIONAL EDUCATION PROGRAM REVIEW COMMITTEE.

    (a) Establishment.--The Secretary, in coordination with the 
Secretary of Health and Human Services and the Secretary of Education, 
shall establish a committee to be known as the ``Nutritional Education 
Program Review Committee'' (referred to in this section as the 
``Committee'').
    (b) Membership.--The Secretary, in coordination with the Secretary 
of Health and Human Services and the Secretary of Education, shall 
appoint to the Committee such members as the Secretary determines to be 
appropriate.
    (c) Duties.--
            (1) In general.--Not later than 1 year after the date on 
        which the Committee is established, the Committee shall 
        establish and maintain a catalogue of federally-funded 
        nutritional education programs.
            (2) Report.--Not later than 2 years after the date on which 
        the Committee is established, the Committee shall prepare and 
        submit to Congress a report describing methods of--
                    (A) evaluating the effectiveness of Federal efforts 
                to inform schools and other interested parties of 
                federally-funded nutritional education programs;
                    (B) improving the programs described in 
                subparagraph (A); and
                    (C) making Federal funds more widely available to--
                            (i) schools;
                            (ii) programs that satisfy applicable local 
                        wellness policy requirements under section 204 
                        of the Child Nutrition and WIC Reauthorization 
                        Act of 2004 (42 U.S.C. 1751 note; 118 Stat. 
                        780);
                            (iii) day care centers; and
                            (iv) other eligible entities.

SEC. 606. SENSE OF THE SENATE ON FEDERAL NUTRITION PROGRAMS.

    It is the sense of the Senate that--
            (1) the Department of Agriculture has an important role in 
        educating families about nutrition and healthy lifestyles; and
            (2) all Federal nutrition programs should--
                    (A) follow the latest nutritional science; and
                    (B) be sensitive to the diverse cultures of the 
                people served by the programs.

                        TITLE VII--MISCELLANEOUS

SEC. 701. ELIMINATION OF LIMITATION ON ADJUSTED GROSS INCOME FROM 
              ELIGIBILITY REQUIREMENTS FOR ENVIRONMENTAL QUALITY 
              INCENTIVES PROGRAM.

    Section 1001D(b)(2)(C) of the Food Security Act of 1985 (7 U.S.C. 
1308-3a(b)(2)(C)) is amended by inserting ``(other than the program 
under chapter 4 of subtitle D of that title)'' after ``of this Act''.

SEC. 702. TECHNICAL ASSISTANCE UNDER 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:
            ``(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:
            ``(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 title, including criteria for the 
        evaluation of providers or potential providers of technical 
        assistance.'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Competitive bidding.--The Secretary may accept bids 
        from approved third parties to provide technical assistance to 
        producers eligible for the 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.--
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is 
amended by adding at the end the following:
    ``(c) Cooperative Conservation Educational Assistance Program.--Not 
later than 180 days after the date of enactment of this subsection, the 
Secretary shall promulgate a final rule to establish a cooperative 
conservation educational assistance program under which a student at an 
institution of higher education, in a field of study such as agronomy, 
conservation biology, engineering, or 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 in of the 
Department of Agriculture involved in providing the assistance.''.
    (c) Review and Expedited Approval of Technical Assistance 
Specifications.--
            (1) Action by secretary.--
                    (A) In general.--The Secretary shall direct each 
                State to assess and ensure, to the maximum extent 
                practicable--
                            (i) the completeness and relevance of 
                        existing technical assistance specifications; 
                        and
                            (ii) that the State fully incorporates and 
                        provides for the appropriate range of 
                        conservation practices and resource mitigation 
                        measures available to specialty crop producers.
                    (B) Consultation.--In completing the assessment 
                under subparagraph (A), each State shall consult with 
                specialty crop producers, crop consultants, Cooperative 
                Extension and land grant universities, nongovernmental 
                organizations, and other qualified entities.
                    (C) Revisions.--If a State determines under 
                subparagraph (A)(i) that revisions to technical 
                assistance specifications are necessary, the State 
                shall establish an administrative process for 
                expediting the revisions.
            (2) Technical assistance.--
                    (A) In general.--The Secretary shall ensure that 
                adequate technical assistance is available for the 
                implementation of conservation practices by specialty 
                crop producers through Federal conservation programs.
                    (B) Requirements.--In carrying out subparagraph 
                (A), the Secretary shall develop--
                            (i) programs that meet specific needs of 
                        specialty crop producers through cooperative 
                        agreements with other agencies and 
                        nongovernmental organizations; and
                            (ii) program specifications that allow for 
                        innovative approaches that engage local 
                        resources in providing technical assistance for 
                        planning and implementation of conservation 
                        practices.

SEC. 703. INTEGRATED PEST MANAGEMENT INITIATIVE.

    (a) In General.--The Secretary shall carry out an integrated pest 
management initiative to assist specialty crop producers in accordance 
with this section.
    (b) Expedited Approval of Management Practices.--
            (1) In general.--To be eligible to obtain assistance under 
        this section, a State shall ensure, to the maximum extent 
        practicable--
                    (A) the completeness and relevance of existing 
                financial assistance specifications; and
                    (B) that the State fully incorporates and provides 
                for the appropriate range of pest management activities 
                and resource mitigation measures available to specialty 
                crop producers.
            (2) Revisions.--If a State determines under paragraph 
        (1)(A) that revisions to financial assistance specifications 
        are necessary, the State shall establish an administrative 
        process for expediting the revisions.
    (c) Technical Assistance.--The Secretary shall offer to enter into 
cooperative agreements, memoranda of understanding, and contracts for 
services with other Federal agencies and non-Federal organizations, as 
the Secretary determines to be necessary, to ensure that adequate 
technical assistance regarding integrated pest management planning and 
implementation is available to specialty crop producers.
    (d) Outreach.--The Secretary shall conduct outreach to agricultural 
producers on integrated pest management cost share options, with an 
emphasis on agricultural producers that have not previously 
participated in conservation programs.
    (e) Program Integration.--The Secretary shall, to the maximum 
extent practicable, integrate the integrated pest management initiative 
under this section 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 applicable 
conservation programs, to ensure that opportunities for the 
implementation of integrated pest management practices are fully 
incorporated into conservation programs.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 704. SUSTAINABILITY PRACTICES.

    (a) Encouragement of Voluntary Sustainability Practices 
Guidelines.--In administering this Act and the amendments made by this 
Act, the Secretary may encourage the development of voluntary 
sustainable practices guidelines for producers and processors of 
specialty crops.
    (b) Priority in Eligibility for Conservation Programs.--In 
establishing eligibility for participation in conservation programs 
administered by the Secretary, the Secretary may give priority to 
specialty crop producers that follow the sustainability guidelines.

SEC. 705. EXEMPTION OF STATE AGENCIES FROM THE FEDERAL INSECTICIDE, 
              FUNGICIDE, AND RODENTICIDE ACT.

    (a) In General.--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,'';
            (2) by striking ``The Administrator, in'' and inserting the 
        following:
    ``(b) Consultation.--The Administrator, in''; and
            (3) by adding at the end the following:
    ``(c) Report to Congress.--If a State agency requests an exemption 
under subsection (a) and the Administrator does not approve or deny the 
request during the 50-day period beginning on the date on which the 
request is submitted to the Administrator, the Administrator shall 
submit to the Committee on Agriculture of the House of Representatives, 
and the Committee on Agriculture, Nutrition, and Forestry of the 
Senate, a report that includes--
            ``(1) notice of the delay; and
            ``(2) an explanation of the reasons for the failure of the 
        Administrator to approve or deny the request within that 
        period.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec 
121) is amended by inserting at the end of the item relating to section 
18 the following:

        ``(a) In general.
        ``(b) Consultation.
        ``(c) Report to Congress.''.

SEC. 706. TRANSPORTATION INFRASTRUCTURE COST REDUCTION GRANT PROGRAM.

    (a) In General.--The Secretary, acting through the Transportation 
Services Branch of the Agricultural Marketing Service, 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--
            (1) State and local governments;
            (2) grower cooperatives;
            (3) individual specialty crop producers or groups of 
        producers;
            (4) individual shippers; and
            (5) State and regional producer and shipper organizations.
    (c) Matching Funds.--To be eligible for a grant under this section, 
the recipient of a grant under this section shall contribute an amount 
of non-Federal funds to carry out 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.--For each of fiscal years 2008 through 2012, the 
Secretary shall use $75,000,000 of funds of the Commodity Credit 
Corporation to make grants under this section.

SEC. 707. OFFICE OF PEST MANAGEMENT POLICY.

    (a) Purpose.--The purpose of this section is to establish an Office 
of Pest Management Policy in the Department to provide for the 
effective coordination of agricultural policies and activities related 
to pesticides and the development and use of pest management tools, 
taking into account the effects of regulatory actions of government 
agencies.
    (b) Establishment of Office.--
            (1) In general.--The Secretary shall establish in the 
        Department an Office of Pest Management Policy (referred to in 
        this section as the ``Office'').
            (2) Director.--The head of the Office shall be a Director 
        (referred to in this section as the ``Director'') who shall--
                    (A) be appointed by the Secretary; and
                    (B) report directly to the Secretary or a designee 
                of the Secretary.
    (c) Duties.--The Director shall--
            (1) develop and coordinate Department policy on pest 
        management and pesticides;
            (2) coordinate activities and services of the Department 
        (including research, extension, and education activities) 
        regarding the development, availability, and use of 
        economically- and environmentally-sound pest management tools 
        and practices;
            (3) assist other agencies of the Department in fulfilling 
        the responsibilities of the agencies related to pest management 
        or pesticides under--
                    (A) the Food Quality Protection Act of 1996 (7 
                U.S.C. 136 note; Public Law 104-170);
                    (B) the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.);
                    (C) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.); and
                    (D) other applicable laws; and
            (4) carry out such other functions as may be required by 
        law or prescribed by the Secretary.
    (d) Interagency Coordination.--In carrying out the responsibilities 
of the Office, the Director shall provide leadership, to the maximum 
extent practicable, to ensure coordination of interagency activities 
with--
            (1) the Environmental Protection Agency;
            (2) the Food and Drug Administration; and
            (3) other applicable Federal and State agencies.
    (e) Outreach.--As necessary to carry out the responsibilities of 
the Office, the Director shall consult with agricultural producers that 
may be affected by pest management or pesticide-related activities or 
actions of the Department or other agencies.
    (f) Funding.--For each of fiscal years 2008 through 2012, the 
Secretary shall use $5,000,000 of funds of the Commodity Credit 
Corporation to carry out this section.

SEC. 708. FOOD SAFETY INITIATIVES.

    (a) Initiative Authorized.--The Secretary may carry out a food 
safety education program to educate the public and persons in the fresh 
produce industry about--
            (1) scientifically proven practices for reducing microbial 
        pathogens on fresh produce; and
            (2) methods of reducing the threat of cross-contamination 
        of fresh produce through unsanitary handling practices.
    (b) Cooperation.--The Secretary may carry out the education program 
in cooperation with public and private partners.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $1,000,000.

SEC. 709. CENSUS OF SPECIALTY CROPS.

    (a) Establishment.--Not later than September 30, 2008, and each 5 
years thereafter, the Secretary shall conduct a census of specialty 
crops to assist in the regularly development and dissemination of 
information relative to specialty crops.
    (b) Relation to Other Census.--The Secretary may include the census 
of speciality crops in the census on agriculture.

SEC. 710. FARM WORKER HOUSING.

    (a) Loans and Grants for Housing Farm Laborers Admitted for 
Temporary Residence.--Section 514(f)(3)(A) of the Housing Act of 1949 
(42 U.S.C. 1484(f)(3)(A)) is amended by inserting ``or a nonimmigrant 
described in section 101(a)(15)(H)(ii)(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a))'' after ``permanent 
residence''.
    (b) Effective Date.--Subsection (a) shall apply with respect to 
loans and grants made on, before, or after the date of the enactment of 
this Act.
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