of understanding, and contracts for services with 
other agencies and non-Federal organizations, as 
necessary, to assist in providing technical assistance 
regarding integrated pest management planning and 
implementation to producers operating in priority re-
gions identified under subsection (b). 
‘‘(4) MARKETING.—The Secretary shall market 
the availability of integrated pest management tools 
and training to agricultural producers in the priority 
regions identified under subsection (b). 
‘‘(5) PROGRAM INTEGRATION.—The Secretary 
shall set goals for integrating the integrated pest 
management initiative with the environmental qual-
ity 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 con-
servation programs in each priority region identified 
under subsection (b), including indicators of the ex-
tent to which these programs fund integrated pest 
management practices and the extent to which sup-
ported integrated pest management practices reduce 
pesticide use and risk. 
‘‘(d) FUNDING.—The Secretary of Agriculture may 
use resources provided for programs under this title to im-
plement the integrated pest management initiative.’’. 
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SEC. 208. TECHNICAL ASSISTANCE UNDER DEPARTMENT 
OF 
AGRICULTURE 
CONSERVATION 
PRO-
GRAMS. 
(a) USE
OF THIRD-PARTY PROVIDERS.—Section 
1242 of the Food Security Act of 1985 (16 U.S.C. 3842) 
is amended— 
(1) in subsection (a), by striking paragraph (2) 
and inserting the following new paragraph: 
‘‘(2) at the option of the producer, through an 
approved third party, if available.’’; and 
(2) in subsection (b)— 
(A) by striking paragraph (1) and insert-
ing the following new paragraph: 
‘‘(1) SYSTEM
FOR
EVALUATION
OF
PRO-
VIDERS.—The Secretary shall establish, by regula-
tion, a system for approving individuals and entities 
to provide technical assistance to carry out programs 
under this chapter, including criteria for the evalua-
tion of providers or potential providers of technical 
assistance. The system shall require, as part of the 
approval process, consultation with county commit-
tees established under section 8(b) of the Soil Con-
servation and Domestic Allotment Act (16 U.S.C. 
590h(b)).’’; 
(B) by striking paragraph (3) and insert-
ing the following new paragraph: 
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‘‘(3) COMPETITIVE
BIDDING.—The Secretary 
may accept bids from approved third parties to pro-
vide technical assistance to producers eligible for 
that assistance.’’; and 
(C) in paragraph (4), by striking ‘‘may re-
quest’’ and inserting ‘‘shall request, to the max-
imum extent practicable,’’. 
(b) COOPERATIVE CONSERVATION EDUCATIONAL AS-
SISTANCE PROGRAM.—Such section is further amended by 
adding at the end the following new subsection: 
‘‘(c) COOPERATIVE CONSERVATION EDUCATIONAL 
ASSISTANCE PROGRAM.—The Secretary shall establish a 
cooperative conservation educational assistance program 
through which a student at an institution of higher edu-
cation, in a field of study such as agronomy, conservation 
biology, engineering, and other subject relevant to the pro-
vision of technical assistance under this section, may re-
ceive educational assistance in exchange for a commitment 
of service to the Natural Resources Conservation Service 
or other agency within the Department of Agriculture in-
volved in providing such assistance. Establishment of the 
program shall be carried out by rulemaking, and the final 
rule shall be issued not later than 180 days after the date 
of the enactment of this subsection.’’. 
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SEC. 209. PILOT PROGRAM REGARDING NATIVE PLANTS 
HABITAT RESTORATION AND ENDANGERED 
OR THREATENED PLANT SPECIES RECOVERY. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Agriculture shall carry out a pilot program at the 
Lockeford Plant Materials Center of the Natural Re-
sources Conservation Service to recover endangered or 
threatened plant species and help restore habitat with na-
tive plants, while enhancing agriculture operations. The 
pilot program shall be known as the native plants habitat 
restoration and endangered or threatened plant species re-
covery pilot program. 
(b) ELEMENTS OF PROGRAM.—Under the program, 
the Lockeford Plant Materials Center shall— 
(1) collect endangered or threatened plants and 
plant materials, with the consent of affected land-
owners, from throughout the State of California, 
propagate them and develop a seed source for agri-
culture and other interested parties to be able to use 
the plants as part of commercial and agriculture op-
erations for restoration purposes; 
(2) develop and demonstrate endangered or 
threatened plant production methods; 
(3) develop and demonstrate endangered or 
threatened plant establishment and maintenance 
techniques; and 
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(4) assist with private sector planting of endan-
gered or threatened plants. 
(c) RELATION TO ENDANGERED SPECIES ACT.— 
(1) AGREEMENT.—The Secretary of the Inte-
rior may enter into an agreement with the Secretary 
of Agriculture to facilitate the implementation of 
this section with regard to an endangered or threat-
ened plant species if the Secretary of Interior deter-
mines that the activities of the Lockeford Plant Ma-
terials Center are likely to contribute to the con-
servation of the species. 
(2) IMPLEMENTATION REGULATIONS.—In con-
sultation with the Secretary of Agriculture, the Sec-
retary of Interior shall promulgate draft regulations 
for implementation of this subsection not later than 
90 days after the date of the enactment of this Act 
and shall promulgate final regulations for implemen-
tation of this subsection not later than 180 days 
after that date. 
(3) PROTECTED ACTIVITIES.—The following ac-
tivities shall not be subject to section 7 or 9 of the 
Endangered Species Act of 1973 (16 U.S.C. 1536, 
1538): 
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(A) Any determination of the Secretary of 
the Interior made under paragraph (1) or any 
agreement entered into under such paragraph. 
(B) Any action taken to implement such 
agreement. 
(C) The sale or offering for sale by the 
Lockeford Plant Materials Center of any plants, 
including seeds, parts, products, or progeny 
thereof, for use in restoration efforts as part of 
an agricultural operation. 
(D) The consideration of or promulgation 
of draft and final regulations under paragraph 
(2). 
(4) PRESENCE
OF
PLANTS
FROM
CENTER.— 
The presence of any plants obtained from the 
Lockeford Plant Materials Center, or the progeny of 
such plants, on non-Federal land shall not be taken 
into account by the Secretary of the Interior in car-
rying out section 7 of the Endangered Species Act 
of 1973 (16 U.S.C. 1536). 
(d) TECHNICAL ASSISTANCE.—The Secretary shall 
request the United States Fish and Wildlife Service to 
provide technical assistance to the Lockeford Plant Mate-
rials Center to carry out the program. 
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(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $8,000,000 
for each of fiscal years 2008 through 2012 to carry out 
the program. 
SEC. 210. EXCLUSION OF PAYMENTS UNDER DEPARTMENT 
OF 
AGRICULTURE 
CONSERVATION 
PRO-
GRAMS FROM ADJUSTED GROSS INCOME 
LIMITATION. 
Section 1001D(b)(2) of the Food Security Act of 
1985 (7 U.S.C. 1308–3a) is amended by striking subpara-
graph (C). 
TITLE III—TRADE 
SEC. 301. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS. 
(a) FUNDING AND CARRYOVER OF FUNDING.—Sub-
section (d) of section 3205 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 5680) is amended 
to read as follows: 
‘‘(d) FUNDING AND CARRYOVER OF FUNDING.— 
‘‘(1) FUNDING.—To carry out the program, the 
Secretary shall make available funds of the Com-
modity Credit Corporation, or an equal value of 
commodities owned by the Commodity Credit Cor-
poration, in the amount of— 
‘‘(A) $4,000,000 for fiscal year 2008; 
‘‘(B) $6,000,000 for fiscal year 2009; 
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‘‘(C) $8,000,000 for fiscal year 2010; 
‘‘(D) $10,000,000 for each of fiscal years 
2011 and 2012. 
‘‘(2) CARRYOVER OF FUNDING.—Funds made 
available for the program under paragraph (1) or 
under section 201 of the Specialty Crops Competi-
tiveness Act of 2004 (Public Law 108–465; 118 
Stat. 3884) shall remain available until expended.’’. 
(b) FLEXIBILITY.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(e) FLEXIBILITY.—In providing technical assistance 
under the program, the Secretary should provide for case- 
by-case extensions, upon the approval of the Administrator 
of the Foreign Agricultural Service, of time frames pro-
vided by regulations in connection with that assistance.’’. 
SEC. 302. COORDINATION OF TRADE OBJECTIVES BETWEEN 
KEY AGENCIES. 
The President shall take steps to ensure increased co-
ordination among relevant agencies within the Depart-
ment of Agriculture and other agencies within the Execu-
tive branch of export and import trade objectives and 
greater transparency on work related to sanitary and 
phytosanitary trade issues. 
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SEC. 303. MARKET ACCESS PROGRAM. 
Section 211(c)(1)(A) of the Agricultural Trade Act 
of 1978 (7 U.S.C. 5641(c)(1)(A)) is amended— 
(1) by striking ‘‘and’’ before ‘‘$200,000,000’’; 
and 
(2) by inserting ‘‘and $350,000,000 for each of 
fiscal years 2008 through 2012,’’ after ‘‘2007,’’. 
SEC. 304. GRANT PROGRAM FOR MARKET ANALYSIS RE-
LATED TO ANTI-DUMPING AND COUNTER-
VAILING DUTY CASES INVOLVING SPECIALTY 
CROPS. 
(a) GRANTS AUTHORIZED.—The Secretary of Agri-
culture may make grants under this section to a State 
agency or an association of specialty crop producers (in 
this section referred to as an ‘‘eligible entity’’) to conduct 
or procure market analysis in connection with anti-dump-
ing and countervailing duty cases involving a specialty 
crop under consideration by the United States Inter-
national Trade Commission or the Department of Com-
merce. 
(b) GRANT CRITERIA.—To be eligible for a grant 
under this section, an eligible entity must establish to the 
satisfaction of the Secretary that— 
(1) there has been significant price underselling 
of the imported specialty crop, as compared with the 
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previous three-year average price of the domestic 
specialty crop; and 
(2) there is a significant increase of the volume 
or market penetration of the imported specialty crop 
over the previous three years. 
(c) MATCHING FUNDS.—An eligible entity receiving 
a grant under this section shall contribute non-Federal 
funds toward the market analysis project for which the 
grant is provided in an amount at least equal to the 
amount of the grant. 
(d) FUNDING.—The Secretary of Agriculture shall 
use $10,000,000 of funds of the Commodity Credit Cor-
poration for each of the fiscal years 2008 through 2012 
to make grants under this section. 
SEC. 305. SENSE OF CONGRESS REGARDING CERTAIN ANTI-
TRUST LAWS APPLICABLE TO AGRICULTURE. 
It is the sense of Congress that the Export Trading 
Company Act (ETC), the Webb-Pomerene Export Act, 
and the Capper-Volstead Act should be strongly supported 
because these antitrust laws promote United States agri-
cultural exports and allow specialty crop producers key 
protections. 
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TITLE IV—INVASIVE PESTS AND 
DISEASES 
SEC. 401. THREAT IDENTIFICATION AND MITIGATION PRO-
GRAM. 
(a) ESTABLISHMENT.—The Administrator of the 
Animal and Plant Health Inspection Service shall estab-
lish and administer a program to determine and prioritize 
foreign threats to domestic production of specialty crops, 
including threats of bioterrorism. 
(b) PROGRAM.—In conducting the program estab-
lished under subsection (a), the Administrator of the Ani-
mal and Plant Health Inspection Service shall— 
(1) protect the interests of the domestic spe-
cialty crop industry; 
(2) prevent, control, and eradicate foreign and 
domestic pest and disease threats in the United 
States; 
(3) consult with the Administrator of the Agri-
cultural Research Service, where appropriate; and 
(4) not use funds available pursuant to sub-
section (c) for eradication efforts that enhance im-
port opportunities into the United States. 
(c) FUNDING.—Of the funds available to the Com-
modity Credit Corporation, the Administrator shall use 
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$100,000,000 in each of fiscal years 2008 through 2012 
to carry out this section. 
SEC. 402. EMERGENCY ERADICATION PROGRAMS. 
(a) IN GENERAL.—The Secretary of Agriculture shall 
use funds available to the Commodity Credit Corporation 
for emergency response and eradication programs, includ-
ing for the hiring of additional personnel. Such funds shall 
be used only for domestic emergency response and eradi-
cation. 
(b) COMPENSATION.—If the Secretary of Agriculture 
determines that compensation should be provided to a 
grower under an emergency eradication program under 
subsection (a), the Secretary shall provide such compensa-
tion using the existing administrative services of the Farm 
Service Agency and the Animal and Plant Health Inspec-
tion Service. 
SEC. 403. ANIMAL AND PLANT HEALTH INSPECTION SERV-
ICE EXPORT DIVISION. 
(a) ESTABLISHMENT.—The Administrator of the 
Animal and Plant Health Inspection Service shall estab-
lish a sanitary and phytosanitary export petitions division 
within the Animal and Plant Health Inspection Service. 
(b) DUTIES.—The division established under sub-
section (a) shall— 
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(1) process sanitary and phytosanitary export 
petitions; 
(2) establish a public docket for sanitary and 
phytosanitary export petitions; and 
(3) 
complete 
review 
of 
sanitary 
and 
phytosanitary export petitions filed on or before the 
date of the enactment of this Act not later than five 
years after such date. 
SEC. 
404. 
CONSULTATIONS 
ON 
SANITARY 
AND 
PHYTOSANITARY RESTRICTIONS FOR FRUITS 
AND VEGETABLES. 
(a) AMENDMENTS.—Section 2104(b)(2)(A)(ii)(II) of 
the Bipartisan Trade Promotion Authority Act of 2002 
(19 U.S.C. 3804(b)(2)(A)(ii)(II)) is amended— 
(1) by striking ‘‘whether the products so identi-
fied’’ and inserting ‘‘whether— 
‘‘(aa) the products so identified’’; 
and 
(2) by adding at the end the following: 
‘‘(bb) any fruits or vegetables so 
identified are subject to or likely to be 
subject to unjustified sanitary or 
phytosanitary restrictions, including 
those not based on scientific principles 
in contravention of the Uruguay 
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Round Agreements, as determined by 
the United States Trade Representa-
tive in consultation with the Agricul-
tural Technical Advisory Committee 
for Trade in Fruits and Vegetables of 
the Department of Agriculture; and’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) apply with respect to the initiation of nego-
tiations to enter into any trade agreement that is subject 
to the provisions of section 2103(b) of the Bipartisan 
Trade Promotion Authority Act of 2002 (19 U.S.C. 
3804(b)) on or after the date of the enactment of this 
Act. 
SEC. 405. MULTI-SPECIES FRUIT FLY RESEARCH AND STER-
ILE FLY PRODUCTION. 
(a) CONSTRUCTION.—The Secretary of Agriculture 
shall construct a warehouse and irradiation containment 
facility in Waimanalo, Hawaii, to support fruit fly rearing 
activities and to house an irradiation to sterilize fruit flies. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated— 
(1) $15,000,000 for the construction of a ware-
house and irradiation containment facility pursuant 
to subsection (a); and 
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(2) $1,000,000 for fiscal year 2008 and each 
subsequent fiscal year for maintenance to the facili-
ties constructed pursuant to this section. 
TITLE V—NUTRITION 
SEC. 501. FINDINGS. 
Congress finds the following: 
(1) Fruits and vegetables offer consumers a 
healthy and nutritious product that is recognized as 
critical to the prevention of heart disease, stroke, 
and some cancers and other chronic diseases, the re-
duction of obesity and diabetes, and the maintenance 
of overall good health. 
(2) Proper nutrition is critical in promoting 
good health, preventing disease, and improving qual-
ity of life. 
(3) Agriculture policies and related domestic 
and international nutrition assistance programs 
should support incentives and key strategies that 
help Americans reach national health goals and ulti-
mately reduce health care costs. 
SEC. 502. EXPANSION OF FRESH FRUIT AND VEGETABLE 
PROGRAM. 
Section 18 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769) is amended in subsection 
(g)— 
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(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘July 2004 and each subse-
quent school year’’ and inserting ‘‘October 2007 
and each school year thereafter’’; and 
(B) by amending subparagraphs (A) and 
(B) to read as follows: 
‘‘(A) 100 elementary or secondary schools 
in each State; 
‘‘(B) additional elementary or secondary 
schools in each State in proportion to the stu-
dent population of the State;’’. 
(2) in paragraph (3)(A), by striking ‘‘paragraph 
(1)(B)’’ and inserting ‘‘paragraph (1)’’; 
(3) in paragraph (5), in each of subparagraphs 
(A) and (B), by striking ‘‘2008’’ and inserting 
‘‘2011’’; and 
(4) in paragraph (6)(B)(i)— 
(A) by striking ‘‘October 1, 2004, and on 
each October 1 thereafter,’’ and inserting ‘‘Oc-
tober 1, 2007, and on each October 1 there-
after,’’; and 
(B) by striking ‘‘$9,000,000’’ and insert-
ing ‘‘$300,000,000’’. 
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SEC. 503. FRUIT AND VEGETABLE NUTRITION PROMOTION 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Agriculture, act-
ing through the Administrator of the Agricultural Mar-
keting Service, shall establish and carry out a program 
to provide assistance to eligible trade organizations to in-
crease the consumption of fruits and vegetables in the 
United States to meet Federal health guidelines. 
(b) REQUIREMENTS FOR PARTICIPATION.—To be eli-
gible for assistance under this section, an organization 
shall— 
(1) be an eligible trade organization; 
(2) prepare and submit a plan to increase the 
consumption of fruits and vegetables in the United 
States to the Administrator of the Agricultural Mar-
keting Service that meets any guidelines governing 
such plans established by the Administrator; and 
(3) meet any other requirements established by 
the Administrator. 
(c) ELIGIBLE TRADE ORGANIZATIONS.—An eligible 
trade organization under this section shall be— 
(1) a non-profit fruit and vegetable trade orga-
nizations in the United States; 
(2) a non-profit State or regional fruit and veg-
etable organization; 
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(3) a fruit and vegetable agricultural coopera-
tive in the United States; 
(4) a commodity board or commission in the 
United States; or 
(5) a small business engaged in the fruit and 
vegetable industry in the United States. 
(d) MATCHING FUNDS.—Assistance provided under 
this section shall not exceed— 
(1) in the case of an organization described in 
paragraphs (1) through (4) of subsection (c), 90 
percent of the cost of the plan to increase the con-
sumption of fruits and vegetables in the United 
States submitted under subsection (b)(2); and 
(2) in the case of an organization described in 
subsection (c)(5), 50 percent of the cost of the plan 
to increase the consumption of fruits and vegetables 
in the United States submitted under subsection 
(b)(2). 
(e) FUNDING.—Of the funds available to the Com-
modity Credit Corporation, the Administrator of the Agri-
cultural Marketing Service shall use $100,000,000 in each 
of fiscal years 2008 through 2011 to carry out this sec-
tion. 
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SEC. 504. USE OF ‘‘DIETARY GUIDELINES FOR AMERICANS’’ 
IN 
SPECIAL 
NUTRITION 
PROGRAMS 
AND 
SCHOOL LUNCH PROGRAMS. 
Section 9(a) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(a)) is amended by add-
ing at the end the following: 
‘‘(5) ALLOCATIONS TO BE BASED ON DIETARY 
GUIDELINES.—For school year 2007 and each school 
year thereafter, the Secretary shall ensure that allo-
cations of food and food ingredients offered in school 
nutrition programs under this Act and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) are 
based on the most recent Dietary Guidelines for 
Americans.’’. 
SEC. 505. SECTION 32 SPECIALTY CROP PURCHASES. 
(a) MINIMUM LEVEL OF PURCHASES.—Section 32 of 
the Act of August 24, 1935 (7 U.S.C. 612c) is amended 
in the sixth sentence by inserting after ‘‘and their prod-
ucts’’ the following: ‘‘, and, for each of fiscal years 2008 
through 2012, the Secretary of Agriculture shall devote 
not less than $400,000,000 of sums appropriated under 
this section to purchases of non-basic agricultural com-
modities, such as fruits, vegetables, and other specialty 
food crops’’. 
(b) EXPANSION OF DOD FRESH PROGRAM.—Such 
section is further amended by inserting after the sixth sen-
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tence, as amended by subsection (a), the following new 
sentence: ‘‘Of the funds specified in the preceding sen-
tence, the Secretary of Agriculture shall expend not less 
than $150,000,000 for each of fiscal years 2008 through 
2012 for the purchase of fresh fruits and vegetables for 
distribution to schools and service institutions in accord-
ance with section 6(a) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1755(a)).’’. 
SEC. 506. SCHOOL PREFERENCE STUDY. 
The Secretary of Agriculture shall carry out a study 
on the preferences of elementary and secondary schools 
for commodity distribution, including the extent to which 
such schools prefer commodity distribution to include 
fresh fruits and vegetables, and submit to Congress a re-
port on the results of the study. The report shall include 
an analysis of the logistical issues that would impede ef-
forts to increase the extent to which commodity distribu-
tion to schools includes fresh fruits and vegetables, and 
shall include recommendations for improving the avail-
ability of fresh fruits and vegetables to schools. 
SEC. 507. INDEPENDENT EVALUATION OF DEPARTMENT OF 
AGRICULTURE 
COMMODITY 
PURCHASE 
PROCESS. 
(a) EVALUATION REQUIRED.—The Secretary of Agri-
culture shall arrange to have performed an independent 
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evaluation of the commodity purchasing processes (and 
the statutory and regulatory authority underlying such 
processes) used by the Department of Agriculture to re-
move surplus commodities from the market and support 
commodity prices and producer incomes, especially with 
regard to activities under section 32 of the Act of August 
24, 1935 (7 U.S.C. 612c) and the importance of increas-
ing purchases of perishable specialty crops. 
(b) SUBMISSION OF RESULTS.—The Secretary of Ag-
riculture shall submit to Congress a report on the results 
of the evaluation. 
SEC. 508. AMENDMENTS TO THE FOOD STAMP PROGRAM. 
(a) DEFINITION.—Section 3 of the Food Stamp Act 
of 1977 (7 U.S.C. 2012) is amended by adding at the end 
the following: 
‘‘(v) ‘food stamp nutrition education’ means direct 
education, group activities, community health promotion, 
and comprehensive public health approaches (including 
but not limited to, social marketing, mass media, public- 
private partnerships, policy, systems and environmental 
changes, and evaluation) that promote healthy eating and 
make healthy food and physical activity choices more de-
sired, affordable, and accessible. To serve all those poten-
tially eligible for food stamps, nutrition education pro-
grams should be designed to reach large numbers of low- 
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