695 
•HR 2419 EH1S 
culture for early pest detection and surveillance ac-
tivities. 
(2) APPLICATION.—A State department of agri-
culture seeking to enter into a cooperative agree-
ment under this subsection shall submit to the Sec-
retary an application containing such information as 
the Secretary may require. The Secretary shall no-
tify applicants of the following: 
(A) The requirements to be imposed on a 
department of agriculture for auditing of, and 
reporting on, the use of any funds provided by 
the Secretary under the cooperative agreement. 
(B) The criteria to be used to ensure that 
early pest detection and surveillance activities 
supported under the cooperative agreement are 
based on sound scientific data or thorough risk 
assessments. 
(C) The means of identifying pathways of 
pest introductions. 
(3) USE OF FUNDS.— 
(A) PEST DETECTION AND SURVEILLANCE 
ACTIVITIES.—A State department of agriculture 
that receives funds under this section shall use 
the funds to carry out early pest detection and
696 
•HR 2419 EH1S 
surveillance activities approved by the Secretary 
to prevent the introduction or spread of a pest. 
(B) SUBAGREEMENTS.—A State depart-
ment of agriculture may use funds received 
under this section to enter into subagreements 
with political subdivisions in such State that 
have legal responsibilities relating to agricul-
tural pest and disease surveillance. 
(4) SPECIAL FUNDING CONSIDERATIONS.—The 
Secretary shall provide, subject to the availability of 
funds under subsection (j), funds to a State depart-
ment of agriculture that the Secretary determines is 
in a State that has a high risk of being affected by 
one or more pest, based on the following factors: 
(A) The number of international airports 
and maritime facilities in that State. 
(B) The volume of international passenger 
and cargo entry into that State. 
(C) The geographic location of that State 
and if such location is conducive to agricultural 
pest and disease establishment due to the cli-
mate or crop diversity of that State. 
(D) The types of agricultural commodities 
or plants produced in that State and if the 
commodities or plants produced are conducive
697 
•HR 2419 EH1S 
to agricultural pest and disease establishment 
due to the climate or crop diversity of that 
State. 
(E) Whether the Secretary has declared an 
emergency in that State pursuant to section 
442 of the Plant Protection Act (7 U.S.C. 
7772) due to an agricultural pest or disease of 
Federal concern. 
(F) Such other factors as the Secretary 
considers appropriate. 
(5) COST-SHARE.— 
(A) FEDERAL COST SHARE; FORM OF NON- 
FEDERAL COST SHARE.—Except as provided in 
subparagraph (B), a cooperative agreement en-
tered into under paragraph (1) shall provide 
that— 
(i) the Federal share of carrying out 
the cooperative agreement shall not exceed 
75 percent of the total cost; 
(ii) the non-Federal share of the cost 
of carrying out the agreement may be pro-
vided in-kind; and 
(iii) in-kind costs may include indirect 
costs as considered appropriate by the Sec-
retary.
698 
•HR 2419 EH1S 
(B) ABILITY
TO
PROVIDE
FUNDS.—The 
Secretary shall not take the ability to provide 
non-Federal costs to carry out a cooperative 
agreement entered into under paragraph (1) 
into consideration when deciding whether to 
enter into a cooperative agreement with a State 
department of agriculture. 
(C) 
SPECIAL
FUNDING
CONSIDER-
ATIONS.—The non-federal share of carrying out 
paragraph (4) shall not exceed 40 percent of 
the total costs of carrying out such paragraph. 
(6) REPORTING REQUIREMENT.—Not later than 
180 days after the date of completion of an early 
pest detection and surveillance activity conducted by 
a State department of agriculture using funds pro-
vided under this section, the department of agri-
culture shall submit to the Secretary a report that 
describes the purposes and results of the activities, 
including any activities conducted pursuant to a sub-
agreement referred to in paragraph (3)(B). 
(c) THREAT IDENTIFICATION AND MITIGATION PRO-
GRAM.— 
(1) IN GENERAL.—In conducting the program 
established under subsection (a), the Secretary 
shall—
699 
•HR 2419 EH1S 
(A) develop risk assessments of the exist-
ing and potential threat to the specialty crop in-
dustry in the United States from pests and dis-
ease; 
(B) prepare a list prioritizing pest and dis-
ease threats to the specialty crop industry; 
(C) develop action plans, in consultation 
with State departments of agriculture and other 
State or regional resource partnerships, that ef-
fectively address pest and disease threats to the 
specialty crop industry, including pathway anal-
ysis, domestic and offshore mitigation meas-
ures, and comprehensive exclusion measures at 
ports of entry and other key distribution cen-
ters, in addition to strategies to employ if a 
pest or disease is introduced; 
(D) implement such action plans as soon 
as they are developed to test the effectiveness of 
such action plans and help prevent new foreign 
and domestic pest and disease threats from 
being introduced or widely disseminated in the 
United States; and 
(E) collaborate with the nursery industry, 
research institutions, and other appropriate en-
tities to develop a nursery pest risk manage-
700 
•HR 2419 EH1S 
ment system to identify nursery pests and dis-
eases, prevent the introduction, establishment, 
and spread of such pests and diseases, and re-
duce the risk of, prioritize, mitigate, and eradi-
cate such pests and diseases. 
(2) REPORTS.—Not later than one 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 paragraph (1), including an accounting of funds 
expended on the action plans. 
(d) AUDIT-BASED APPROACH TO SPECIALTY CROP 
PHYTOSANITARY
CERTIFICATION.—In conducting the 
program established under subsection (a), the Secretary 
shall provide funds and technical assistance to specialty 
crop growers, organizations representing such growers, 
and State and local agencies working with such growers 
and organizations for the development and implementation 
of certification systems based on audit-based approaches, 
such as best management practices or nursery pest risk 
management systems, to address plant pests and to miti-
gate the risk of plant pests in the movement of plants and 
plant products. 
(e) COOPERATIVE
AGREEMENTS.—The Secretary 
may enter into cooperative agreements with other Federal
701 
•HR 2419 EH1S 
departments or agencies, States or political subdivisions 
of States, national governments, local governments of 
other nations, domestic or international organizations, do-
mestic or international associations, and other persons to 
carry out this section. 
(f) CONSULTATION.—The Secretary shall consult 
with the National Plant Board, State departments of agri-
culture, and specialty crop grower organizations to estab-
lish funding priorities under this section for each fiscal 
year. 
(g) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided under this section may be used 
for administrative costs. 
(h) DEFINITIONS.—In this section: 
(1) EARLY
PEST
DETECTION
AND
SURVEIL-
LANCE.—The term ‘‘early pest detection and surveil-
lance’’ means the full range of activities undertaken 
to find newly introduced pests, whether new to the 
United States or new to certain areas of the United 
States, before the pests become established, or be-
fore pest infestations become too large and costly to 
eradicate or control. 
(2) PEST.—The term ‘‘pest’’ has the meaning 
given the term ‘‘plant pest’’ in section 403(14) of 
the Plant Protection Act (7 U.S.C. 7702(14)).
702 
•HR 2419 EH1S 
(3) SPECIALTY
CROP.—The term ‘‘specialty 
crop’’ has the meaning given the term in section 
3(1) of the Specialty Crop Competitiveness Act of 
2004 (Public Law 108–465; 118 Stat. 3883; 7 
U.S.C. 1621 note). 
(4) STATE DEPARTMENT OF AGRICULTURE.— 
The term ‘‘State department of agriculture’’ means 
an agency of a State that has a legal responsibility 
to perform early pest detection and surveillance ac-
tivities. 
(i) SECRETARIAL DISCRETION.—Section 442(c) of 
the Plant Protection Act (7 U.S.C. 7772(c)) is amended 
by striking ‘‘of longer than 60 days’’. 
(j) FUNDING.—Of the funds of the Commodity Credit 
Corporation, the Secretary shall make available to carry 
out this section— 
(1) $10,000,000 for fiscal year 2008; 
(2) $25,000,000 for fiscal year 2009; 
(3) $40,000,000 for fiscal year 2010; 
(4) $55,000,000 for fiscal year 2011; and 
(5) $70,000,000 for fiscal year 2012. 
SEC. 10202. MULTI-SPECIES FRUIT FLY RESEARCH AND 
STERILE FLY PRODUCTION. 
(a) CONSTRUCTION.—The Secretary of Agriculture 
shall construct a warehouse and irradiation containment
703 
•HR 2419 EH1S 
facility in Waimanalo, Hawaii, to support fruit fly rearing 
and sterilization activities. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated— 
(1) $15,000,000 for the construction of a ware-
house 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 facili-
ties constructed pursuant to this section. 
Subtitle D—Organic Agriculture 
SEC. 10301. NATIONAL ORGANIC CERTIFICATION COST- 
SHARE PROGRAM. 
Section 10606 of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 6523) is amended— 
(1) in subsection (a), by striking ‘‘$5,000,000 
for fiscal year 2002’’ and inserting ‘‘$22,000,000 for 
fiscal year 2008’’; and 
(2) in subsection (b)(2), by striking ‘‘$500’’ 
and inserting ‘‘$750’’. 
SEC. 10302. ORGANIC PRODUCTION AND MARKET DATA. 
(a) NEW DATA REQUIREMENTS.—Section 7407 of 
the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 5925c) is amended to read as follows:
704 
•HR 2419 EH1S 
‘‘SEC. 7407. ORGANIC DATA COLLECTION AND PUBLICA-
TION. 
‘‘(a) DATA COLLECTION AND PUBLICATION.—To as-
sist organic farmers in making informed production and 
marketing decisions, the Secretary of Agriculture shall col-
lect and publish segregated data and survey information 
about the price, production, and marketing of major or-
ganically produced commodities, as determined by the Sec-
retary. 
‘‘(b) FUNDING.—The Secretary of Agriculture shall 
use $3,000,000 of the funds of the Commodity Credit Cor-
poration to carry out this section during fiscal year 2008, 
and such funds shall remain available until expended.’’. 
(b) IMPLEMENTATION REPORT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Agriculture shall submit to Congress a report 
regarding the progress made in implementing the amend-
ment made by subsection (a). 
SEC. 10303. ORGANIC CONVERSION, TECHNICAL, AND EDU-
CATIONAL ASSISTANCE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this section, the Secretary 
shall establish a program to provide cost share and incen-
tive payments and technical and educational assistance to 
producers to promote conservation practices and activities 
for production systems undergoing transition, in whole or
705 
•HR 2419 EH1S 
in part, to organic production in accordance with the Or-
ganic Foods Production Act of 1990 (7 U.S.C. 6501 et 
seq.). 
(b) ORGANIC TRANSITION COST SHARE AND INCEN-
TIVE PAYMENTS.— 
(1) IN
GENERAL.—The Secretary shall enter 
into contracts with eligible producers referred to in 
paragraph (2) to provide cost-share and incentive 
payments to assist in the transition to organic pro-
duction systems. 
(2) ELIGIBLE PRODUCERS.—A producer is an 
eligible producer under this paragraph if such pro-
ducer agrees to— 
(A) develop and carry out environmental 
and conservation activities consistent with an 
organic plan that protect soil, water, wildlife, 
air, and other natural resources as defined by 
the Secretary; 
(B) receive technical and education assist-
ance from the Secretary, or from organizations, 
institutions, and consultants with cooperative 
agreements with the Secretary, relating to— 
(i) the development and implementa-
tion of conservation practices and activities 
that are part of an organic plan; or
706 
•HR 2419 EH1S 
(ii) other aspects of transition to or-
ganic production, including marketing, 
credit, business, and risk management 
plans; 
(C) submit to annual verification by a cer-
tifying agent accredited by the Department of 
Agriculture under section 2115 of the Organic 
Foods Production Act of 1990 (7 U.S.C. 6514) 
to determine compliance of the producer with 
organic certification requirements; and 
(D) develop marketing, credit, business, 
and risk management plans, as appropriate. 
(3) CONTRACT.—A contract entered into under 
paragraph (1) shall provide that— 
(A) payments provided to a producer under 
the contract shall only be used for— 
(i) conservation management and veg-
etative and structural practices and activi-
ties during transition to certified organic 
production that— 
(I) are consistent with an organic 
plan; and 
(II) protect soil, water, wildlife, 
air, and other natural resources, as 
required under the Organic Foods