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region shall be represented by three addi-
tional members.’’. 
(b) POWERS
AND DUTIES
OF COUNCIL.—Section 
1925(c) of the Mushroom Promotion, Research, and Con-
sumer Information Act of 1990 (subtitle B of title XIX 
of Public Law 101–624; 7 U.S.C. 6104(c)) is amended— 
(1) by redesignating paragraphs (6), (7), and 
(8) as paragraphs (7), (8), and (9), respectively; and 
(2) by inserting after paragraph (5), the fol-
lowing new paragraph (6): 
‘‘(6) to develop a program for good agricultural 
practices and good handling practices for mush-
rooms;’’. 
SEC. 10110. FRESH PRODUCE EDUCATION INITIATIVE. 
(a) INITIATIVE AUTHORIZED.—The Secretary of Ag-
riculture may carry out a program to educate persons in-
volved in the fresh produce industry and the public 
about— 
(1) scientifically proven practices for reducing 
microbiological pathogens on fresh produce; and 
(2) methods of reducing the threat of cross-con-
tamination of fresh produce through unsanitary han-
dling practices. 
(b) COOPERATION.—The Secretary may carry out the 
program in cooperation with public or private partners. 
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(c) FUNDING.—There are authorized to be appro-
priated such sums as are necessary for each of fiscal years 
2008 through 2012 to carry out this section. 
Subtitle C—Pest and Disease 
Management 
SEC. 10201. PEST AND DISEASE PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Agriculture 
shall establish a program to— 
(1) conduct early pest detection and surveil-
lance activities in cooperation with state depart-
ments of agriculture; 
(2) determine and prioritize pest and disease 
threats to domestic production of specialty crops; 
and 
(3) create an audit-based certification approach 
to protect against the spread of plant pests and to 
facilitate the interstate movement of plants and 
plant products. 
(b) EARLY PEST DETECTION AND SURVEILLANCE 
IMPROVEMENT PROGRAM.— 
(1) COOPERATIVE
AGREEMENTS.—The Sec-
retary of Agriculture shall enter into cooperative 
agreements with State departments of agriculture to 
provide grants to such State departments of agri-
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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 
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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 
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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. 
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(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— 
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(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-
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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 
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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)). 
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(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 
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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: 
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‘‘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 
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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 
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(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 
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Production Act of 1990 (7 U.S.C. 
6501 et seq.); 
(ii) animal production measures con-
sistent with an organic plan; and 
(iii) such other measures as the Sec-
retary determines are appropriate and con-
sistent with an organic plan; 
(B) subject to subparagraph (C), the con-
tract shall terminate after a period of not more 
than three years; 
(C) the Secretary may terminate the con-
tract if the Secretary determines the eligible 
producer is not pursuing organic certification 
under the Organic Foods Production Act of 
1990 (7 U.S.C. 6501 et seq.); and 
(D) the Secretary may require repayment 
in whole of payments already received if the 
Secretary determines the eligible producer is 
not pursuing organic certification under the Or-
ganic Foods Production Act of 1990 (7 U.S.C. 
6501 et seq.). 
(4) LIMITATIONS
ON
PAYMENTS.—An eligible 
producer may not receive payments under paragraph 
(1)— 
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(A) for a total period of more than three 
years; 
(B) an amount not to exceed $50 per acre 
for crop land, or $25 per acre for grazing land; 
and 
(C) in an amount more than $10,000 in a 
fiscal year. 
(c) TECHNICAL AND EDUCATIONAL ASSISTANCE.— 
The Secretary shall provide producers with technical and 
educational assistance, including through the use of com-
petitive cooperative agreements with non-profit organiza-
tions, non-governmental organizations, institutes of higher 
education, or consultants with expertise in advisory serv-
ices for organic producers on organic production systems, 
and the planning for and marketing of organic products. 
(d) USE OF FUNDS.—The Secretary shall use 50 per-
cent of the funds made available pursuant to the author-
ization of appropriations under subsection (f) to provide 
technical and educational assistance under subsection (c). 
(e) DEFINITIONS.—In this section: 
(1) ORGANIC PLAN.—The term ‘‘organic plan’’ 
means an organic plan submitted under section 
2114(a) of the Organic Foods Production Act of 
1990 (7 U.S.C. 6513(a)) and agreed to by the pro-
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ducer and handler of a product and a certifying 
agent under such section. 
(2) TECHNICAL
AND
EDUCATIONAL
ASSIST-
ANCE.—The term ‘‘technical and educational assist-
ance’’ means the conveyance of information and 
counsel regarding economic and business planning, 
marketing, and organic practices, such as entomo-
logical practices and pest and weed control and pre-
vention that satisfy organic practices. 
(f) FUNDING.—There is authorized to be appro-
priated to carry out this section $50,000,000, which shall 
remain available until expended. 
Subtitle E—Miscellaneous 
Provisions 
SEC. 10401. GRANT PROGRAM TO IMPROVE MOVEMENT OF 
SPECIALTY CROPS. 
(a) GRANTS AUTHORIZED.—The Secretary of Agri-
culture may make grants under this section to an eligible 
entity described in subsection (b)— 
(1) to improve the cost-effective movement of 
specialty crops to local, regional, national, and inter-
national markets; and 
(2) to address regional intermodal transpor-
tation deficiencies that adversely affect the move-
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ment of specialty crops to markets inside or outside 
the United States. 
(b) ELIGIBLE GRANT RECIPIENTS.—Grants may be 
made under this section to any of the following (or a com-
bination thereof): 
(1) State and local governments. 
(2) Grower cooperatives. 
(3) State or regional producer and shipper or-
ganizations. 
(4) Other entities as determined to be appro-
priate by the Secretary. 
(c) MATCHING FUNDS.—The recipient of a grant 
under this section shall contribute an amount of non-Fed-
eral funds toward the project for which the grant is pro-
vided that is at least equal to the amount of grant funds 
received by the recipient under this section. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2008 through 2012 to 
carry out this section. 
SEC. 10402. AUTHORIZATION OF APPROPRIATIONS FOR 
MARKET NEWS ACTIVITIES REGARDING SPE-
CIALTY CROPS. 
There are authorized to be appropriated to the Sec-
retary of Agriculture such sums as may be necessary for 
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each of the fiscal years 2008 through 2012 to support the 
market news activities regarding specialty crops (as such 
term is defined in section 3(1) of the Specialty Crops Com-
petitiveness Act of 2004 (Public Law 108–465; 118 Stat. 
3883)). 
SEC. 10403. FARMER MARKETING ASSISTANCE PROGRAM. 
(a) FINDINGS.—Congress finds that— 
(1) agricultural direct farmer-to-consumer mar-
keting activities, including farmers’ markets, road-
side stands, community supported agriculture, inter-
net, mail-order, and other similar direct order mar-
keting activities, significantly enhance the ability of 
agricultural producers to retain a greater share of 
their products’ retail value; 
(2) direct farmer-to-consumer marketing activi-
ties are a crucial component of the current and fu-
ture viability of small and mid-sized farms and 
ranches and beginning and socially disadvantaged 
farmers and ranchers; and 
(3) agricultural direct marketing activities con-
tribute to the health and well-being of consumers in 
rural, urban, and tribal communities by providing 
access to healthy, fresh, and affordable food. 
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(b) PROGRAM.—Section 6 of the Farmer-to-Con-
sumer Direct Marketing Act of 1976 (7 U.S.C. 3005) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Farmers’ Market Pro-
motion Program’’ and inserting ‘‘Farmer Mar-
keting Assistance Program’’; and 
(B) by striking ‘‘promote farmers’ mar-
kets’’ and inserting ‘‘direct producer to con-
sumer marketing’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘, do-
mestic farmers’ markets, roadside stands, com-
munity-supported agriculture programs, and 
other’’; and 
(B) in subparagraph (B), by striking 
‘‘farmers’ markets, roadside stands, commu-
nity-supported agriculture programs, and other 
direct 
producer-to-consumer 
infrastructure’’ 
and inserting ‘‘direct producer-to-consumer 
marketing and infrastructure opportunities’’; 
(3) in subsection (c)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (7) as paragraphs (2) through (8), re-
spectively; 
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(B) by inserting before paragraph (2) the 
following new paragraph: 
‘‘(1) two or more farmers or farm vendors who 
sell products through a common channel of distribu-
tion;’’; and 
(C) in paragraph (2) (as so redesignated) 
by striking ‘‘an agricultural cooperative’’ and 
inserting ‘‘an agricultural cooperative or pro-
ducer network or association’’; 
(4) by striking subsection (e) and inserting the 
following new subsections: 
‘‘(e) ELIGIBLE ACTIVITIES.—A recipient of a grant 
under this section may use the funds for the following ac-
tivities: 
‘‘(1) Farmers markets. 
‘‘(2) Roadside stands. 
‘‘(3) Community supported agriculture oper-
ations, through which a farmer agrees to deliver a 
certain quantity of agricultural products to con-
sumers at a set price. 
‘‘(4) The purchase of equipment or other activi-
ties supporting the use of electronic benefit transfer 
systems at farmers markets. 
‘‘(5) Agritourism activities facilitating the di-
rect sale of agricultural products, including oper-
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ations where the consumer picks their own agricul-
tural products. 
‘‘(6) Other activities as determined appropriate 
by the Secretary. 
‘‘(f) FUNDING.— 
‘‘(1) IN GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary of Agri-
culture shall use to carry out this section— 
‘‘(A) $5,000,000 in each of fiscal year 
2008, 2009, and 2010; and 
‘‘(B) $10,000,000 in each of fiscal years 
2011 and 2012. 
‘‘(2) USE OF FUNDS.—Not less than 10 percent 
of the funds used to carry out this section in a fiscal 
year under paragraph (1) shall be used to support 
the use of electronic benefits transfers at farmers’ 
markets.’’. 
SEC. 10404. NATIONAL CLEAN PLANT NETWORK. 
(a) ESTABLISHMENT.—There is established in the 
Department of Agriculture a program to be known as the 
‘‘National Clean Plant Network’’. 
(b) NETWORK.—The Secretary of Agriculture shall 
use the network— 
(1) to develop a sustainable national funding 
source for clean planting stock programs for horti-
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cultural crops determined by the Secretary to be of 
priority for the United States; and 
(2) to enter into cooperative agreements to enti-
ties that have the expertise, facilities, and climate 
necessary to efficiently produce, maintain, and dis-
tribute healthy planting stock for specialty crops. 
(c) FUNDING.— 
(1) COMMODITY CREDIT CORPORATION.—Of the 
funds of the Commodity Credit Corporation, the 
Secretary shall make available to carry out this sec-
tion $20,000,000 for fiscal years 2008 through 
2012. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary for each of fiscal years 2008 
through 2012 to carry out this section. 
SEC. 10405. HEALTHY FOOD URBAN ENTERPRISE DEVELOP-
MENT PROGRAM. 
(a) PURPOSE.—The purpose of this section is to sup-
port farm and ranch income by significantly enhancing a 
producer’s share of the final retail product price through 
improved access to competitive processing and distribution 
systems which deliver affordable, locally and regionally 
produced foods to consumers, and improve food access in 
underserved communities. 
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(b) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ includes— 
(A) a small or midsized processor, dis-
tributor, wholesaler, or retail food outlet; 
(B) a group of producers operating as a le-
gally recognized marketing alliance; 
(C) a producer-owned cooperative; 
(D) a nonprofit organization; 
(E) an economic development or commu-
nity development corporation; 
(F) a unit of State or local government; 
and 
(G) an academic institution. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(4) SOCIALLY
DISADVANTAGED
FARMER
OR 
RANCHER.—The term ‘‘socially disadvantaged farm-
er or rancher’’ has the meaning given the term in 
section 355(e) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2003(e)). 
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(5) UNDERSERVED
COMMUNITY.—The term 
‘‘underserved community’’ includes any community 
that may have, as determined by the Secretary— 
(A) limited access to affordable, healthy 
foods, including fresh fruits and vegetables, in 
grocery retail stores or farmer-to-consumer di-
rect markets; 
(B) high incidences of diet-related diseases, 
including obesity; 
(C) high rates of hunger or food insecurity; 
or 
(D) severe or persistent poverty in urban 
or rural communities, including Indian tribal 
communities. 
(c) GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary, acting 
through the head of the market services branch of 
the Agricultural Marketing Service, shall establish a 
program under which the Secretary shall provide 
grants, on a competitive basis, to eligible entities to 
conduct enterprise feasibility studies (including stud-
ies of consumer preference), in accordance with the 
purpose of this section. 
(2) APPLICATION.—To be eligible to receive a 
grant under this subsection, an eligible entity shall 
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submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require. 
(3) COORDINATION WITH OTHER AGENCIES.— 
In carrying out the program under this subsection, 
the Secretary shall coordinate, with respect to the 
development of the program and reviews of grant 
applications, with— 
(A) the Cooperative State Research, Edu-
cation, and Extension Service; and 
(B) the Rural Business Cooperative Serv-
ice. 
(4) PRIORITY.—In providing grants under this 
subsection, the Secretary shall give priority to appli-
cations with proposed projects that— 
(A) include features effectively targeting 
participation by socially disadvantaged farmers 
or ranchers or beginning farmers or ranchers; 
(B) increase employment opportunities in 
underserved communities; 
(C) support small and mid-sized farm via-
bility and increase farming opportunities; or 
(D) establish and maintain satisfactory en-
vironmental and labor standards, including 
worker protection. 
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(5) MAXIMUM
AMOUNT.—The amount of a 
grant provided under this subsection shall not exceed 
$250,000. 
(6) TERM.—A grant provided under this sub-
section shall have a term of not more than 3 years. 
(7) REPORTS.— 
(A) IN
GENERAL.—Each eligible entity 
that receives a grant under this subsection shall 
submit to the Secretary an annual report de-
scribing the results and progress of each feasi-
bility study to ensure sufficient progress is 
achieved with respect to the goals of the 
projects carried out by the eligible entity. 
(B) PUBLIC AVAILABILITY.—The Secretary 
shall ensure that any information contained in 
a report under subparagraph (A) relating to 
consumer preference or producer availability is 
made available to the public. 
(8) FUNDING.—There are authorized to be ap-
propriated such sums as are necessary for each of 
fiscal years 2008 through 2012 to carry out this sec-
tion. 
(d) GRANT PROGRAM REQUIREMENTS.— 
(1) TECHNICAL ASSISTANCE AND OUTREACH.— 
(A) IN GENERAL.—The Secretary shall— 
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(i) provide to the public information 
relating to the grant programs under this 
section; and 
(ii) provide technical assistance to— 
(I) socially disadvantaged farm-
ers or ranchers; 
(II) Indian tribal organizations; 
(III) low-income populations; and 
(IV) other underserved commu-
nities and producers. 
(B) SERVICE PROVIDERS.—In carrying out 
subparagraph (A), the Secretary may enter into 
contracts, on a competitive basis, with entities 
that, as determined by the Secretary— 
(i) demonstrate experience in serving 
socially disadvantaged farmers or ranchers 
and other underserved communities and 
producers; 
(ii) include, in the governance struc-
ture of the entity, 2 or more members rep-
resenting the targeted communities served 
by the entity; and 
(iii) will share information developed 
or used by the entity with— 
(I) researchers; 
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(II) practitioners; and 
(III) other interested parties. 
(2) LIMITATIONS.—For purposes of the pro-
grams under this section, the Secretary— 
(A) shall not give preference to any entity 
based on an agricultural commodity produced 
or supported by the entity; and 
(B) shall encourage, to the maximum ex-
tent practicable, projects that use infrastructure 
efficiently for more than 1 agricultural product. 
(3) REPORT.—Not less frequently than once 
each year, the Secretary shall submit to Congress a 
report that describes the programs (including the 
level of participation in each program) under this 
section, including information relating to— 
(A) projects carried out under this section; 
(B) characteristics of the agricultural pro-
ducers and communities served by the projects; 
(C) the benefits of the projects; 
(D) data necessary to comply with— 
(i) section 2501A of the Food, Agri-
culture, Conservation, and Trade Act of 
1990 (7 U.S.C. 2279–1); or 
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(ii) section 8(b)(5)(B) of the Soil Con-
servation and Domestic Allotment Act (16 
U.S.C. 590h(b)(5)); and 
(E) outreach and technical assistance ac-
tivities carried out by the Secretary under para-
graph (1). 
TITLE XI—MISCELLANEOUS 
PROVISIONS 
Subtitle A—Federal Crop Insurance 
Sec. 11001. Premiums and reinsurance requirements. 
Sec. 11002. Catastrophic risk protection administrative fee. 
Sec. 11003. Funding for reimbursements, contracting, risk management edu-
cation, and information technology. 
Sec. 11004. Reimbursement of research and development costs related to new 
crop insurance products. 
Sec. 11005. Research and development contracts for organic production cov-
erage improvements. 
Sec. 11006. Targeting risk management education for beginning farmers and 
ranchers and certain other farmers and ranchers. 
Sec. 11007. Crop insurance ineligibility related to crop production on noncrop-
land. 
Sec. 11008. Funds for data mining. 
Sec. 11009. Noninsured crop assistance program. 
Sec. 11010. Change in due date for Corporation payments for underwriting 
gains. 
Sec. 11011. Sesame insurance pilot program. 
Sec. 11012. National Drought Council and drought preparedness plans. 
Sec. 11013. Payment of portion of premium for area revenue plans. 
Sec. 11014. Share of risk. 
Sec. 11015. Livestock Assistance. 
Sec. 11016. Determination of certain sweet potato production. 
Subtitle B—Livestock and Poultry 
Sec. 11101. Sense of Congress regarding pseudorabies eradication program. 
Sec. 11102. Arbitration of livestock and poultry contracts. 
Sec. 11103. State-inspected meat and poultry. 
Sec. 11104. Country of origin labeling. 
Sec. 11105. Sense of Congress regarding the voluntary control program for low 
pathogenic avian influenza. 
Sec. 11106. Sense of Congress regarding the cattle fever tick eradication pro-
gram. 
Subtitle C—Socially Disadvantaged Producers and Limited Resource 
Producers 
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Sec. 11201. Outreach and technical assistance for socially disadvantaged farm-
ers and ranchers and limited resource farmers and ranchers. 
Sec. 11202. Improved program delivery by Department of Agriculture on In-
dian reservations. 
Sec. 11203. Transparency and accountability for socially disadvantaged farmers 
and ranchers. 
Sec. 11204. Beginning farmer and rancher development program. 
Sec. 11205. Provision of receipt for service or denial of service. 
Sec. 11206. Tracking of socially disadvantaged farmers and ranchers and lim-
ited resource farmers and ranchers in Census of Agriculture 
and certain studies. 
Sec. 11207. Farmworker coordinator. 
Sec. 11208. Office of Outreach relocation. 
Sec. 11209. Minority farmer advisory committee. 
Sec. 11210. Coordinator for chronically underserved rural areas. 
Subtitle D—Other Miscellaneous Provisions 
Sec. 11301. Designation of separate cotton-producing States under Cotton Re-
search and Promotion Act. 
Sec. 11302. Cotton classification services. 
Sec. 11303. Availability of excess and surplus computers in rural areas. 
Sec. 11304. Permanent debarment from participation in Department of Agri-
culture programs for fraud. 
Sec. 11305. No discrimination against use of registered pesticide products or 
classes of pesticide products. 
Sec. 11306. Prohibition on closure or relocation of county offices for the Farm 
Service Agency, Rural Development Agency, and Natural Re-
sources Conservation Service. 
Sec. 11307. Regulation of exports of plants, plant products, biological control 
organisms, and noxious weeds. 
Sec. 11308. Grants to reduce production of methamphetamines from anhydrous 
ammonia. 
Sec. 11309. USDA Graduate School. 
Sec. 11310. Prevention and investigation of payment and fraud and error. 
Sec. 11311. Sense of Congress regarding food deserts, geographically isolated 
neighborhoods and communities with limited or no access to 
major chain grocery stores. 
Sec. 11312. Pigford claims. 
Sec. 11313. Comptroller general study of wastewater infrastructure near 
United States-Mexico border. 
Sec. 11314. Elimination of statute of limitations applicable to collection of debt 
by administrative offset. 
Sec. 11315. Pollinator protection. 
Sec. 11316. Prohibition on use of live animals for marketing medical devices; 
fines under the Animal Welfare Act. 
Sec. 11317. Protection of pets. 
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Subtitle A—Federal Crop 
Insurance 
SEC. 11001. PREMIUMS AND REINSURANCE REQUIRE-
MENTS. 
(a) PREMIUM ADJUSTMENTS.—Section 508(a) of the 
Federal Crop Insurance Act (7 U.S.C. 1508(a)) is amend-
ed by adding at the end the following new paragraph: 
‘‘(9) PREMIUM ADJUSTMENTS.— 
‘‘(A) PROHIBITION.—Except as provided 
in subparagraph (B), the paying, allowing, or 
giving, or offering to pay, allow, or give, directly 
or indirectly, either as an inducement to pro-
cure insurance or after insurance has been pro-
cured, any rebate, discount, abatement, credit, 
or reduction of the premium named in an insur-
ance policy or any other valuable consideration 
or inducement whatsoever not specified in the 
policy, is strictly prohibited under this title. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
does not apply with respect to the following: 
‘‘(i) A rebate authorized under sub-
section (b)(5)(B). 
‘‘(ii) A performance-based discount 
authorized under subsection (d)(3).’’. 
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(b) PAYMENT OF CATASTROPHIC RISK PROTECTION 
FEE ON BEHALF OF PRODUCERS.—Section 508(b)(5)(B) 
of 
the 
Federal 
Crop 
Insurance 
Act 
(7 
U.S.C. 
1508(b)(5)(B)) is amended— 
(1) in the subparagraph heading, by inserting 
‘‘OF CATASTROPHIC RISK PROTECTION FEE’’ after 
‘‘PAYMENT’’; 
(2) in clause (i)— 
(A) by striking ‘‘or other payment’’; and 
(B) by striking ‘‘with catastrophic risk 
protection or additional coverage’’; and insert-
ing ‘‘through the payment of all or a portion of 
catastrophic 
risk 
protection 
administrative 
fees’’; 
(3) in clause (ii)— 
(A) by striking ‘‘or other payment made by 
an insurance provider’’ and inserting ‘‘payment 
made pursuant to clause (i) by an insurance 
provider’’; 
(B) by striking ‘‘issuance of catastrophic 
risk protection or additional coverage to’’ and 
inserting ‘‘payment of catastrophic risk protec-
tion administrative fees on behalf of’’; and 
(C) by striking ‘‘or other payment’’ the 
second place it appears; 
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(4) in clause (iv), by striking ‘‘A policy or plan 
of insurance’’ and inserting ‘‘Catastrophic risk pro-
tection coverage’’; 
(5) in clause (v)— 
(A) by striking ‘‘licensing fee or other ar-
rangement under this subparagraph’’ and in-
serting ‘‘licensing fee arrangement’’; and 
(B) by striking ‘‘levels of additional cov-
erage’’ and inserting ‘‘levels of coverage’’; and 
(6) by striking clause (vi). 
(c) CHANGE IN DUE DATE FOR POLICYHOLDER PRE-
MIUMS.—Section 508 of the Federal Crop Insurance Act 
(7 U.S.C. 1508) is amended— 
(1) in subsection (b)(5)(C), by striking ‘‘the 
date that premium’’ and inserting ‘‘the same date on 
which the premium’’; 
(2) in subsection (c)(10)(B)— 
(A) by inserting ‘‘; TIME FOR PAYMENT’’ 
after ‘‘WAIVER’’; and 
(B) by adding at the end the following new 
sentence: ‘‘Subparagraph (C) of such subsection 
shall apply with respect to the collection date 
for policy premiums.’’; and 
(3) in subsection (d), by adding at the end the 
following new paragraph: 
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‘‘(4) BILLING
DATE
FOR
PREMIUMS.—Begin-
ning with the 2012 reinsurance year, the Corpora-
tion shall establish August 1 as the billing date for 
premiums.’’. 
(d) REINSURANCE.— 
(1) 
REIMBURSEMENT
RATE.—Section 
508(k)(4)(A) of the Federal Crop Insurance Act (7 
U.S.C. 1508(k)(4)(A)) is amended by striking clause 
(ii) and inserting the following new clause: 
‘‘(ii) for the 2009 and subsequent re-
insurance years, 2.9 percentage points 
below the rates, in effect as of the date of 
the enactment of this Act of the Farm, 
Nutrition, and Bioenergy Act of 2007, for 
all crop insurance policies used to define 
loss ratio.’’. 
(2) RENEGOTIATION OF STANDARD REINSUR-
ANCE AGREEMENT.—Section 508(k) of the Federal 
Crop Insurance Act (7 U.S.C. 1508(k)) is amended 
by adding at the end the following new paragraph: 
‘‘(8) RENEGOTIATION OF STANDARD REINSUR-
ANCE AGREEMENT.— 
‘‘(A) 
PERIODIC
RENEGOTIATION.—Fol-
lowing the reinsurance year ending June 30, 
2012, the Corporation may renegotiate the fi-
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nancial terms of the standard reinsurance 
agreement during the next reinsurance year and 
once during each period of five reinsurance 
years thereafter. 
‘‘(B) 
EFFECT
OF
FEDERAL
LAW 
CHANGES.—If changes in Federal law are en-
acted that require revisions in the financial 
terms of the standard reinsurance agreement, 
and such changes in the agreement are made 
on a mandatory basis by the Corporation, such 
changes will not be deemed to be a renegoti-
ation of the agreement for purposes of subpara-
graph (A). 
‘‘(C) 
CONSULTATION.—Approved 
insur-
ance providers and their representatives may 
confer with each other, and collectively with the 
Corporation, during the renegotiation process 
under subparagraph (A).’’. 
(3) 
TREATMENT
OF
2008
REINSURANCE 
YEAR.—Clause (ii) of section 508(k)(4)(A) of the 
Federal 
Crop 
Insurance 
Act 
(7 
U.S.C. 
1508(k)(4)(A)), as in effect on the day before the 
date of the enactment of this Act, shall continue to 
apply with respect to the 2008 reinsurance year. 
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(e) CHANGE IN DUE DATE FOR ADMINISTRATIVE 
AND OPERATING EXPENSE PAYMENT.—Section 516(b) of 
the Federal Crop Insurance Act (7 U.S.C. 1516(b)) is 
amended by adding at the end the following new para-
graph: 
‘‘(3) DUE DATE FOR ADMINISTRATIVE AND OP-
ERATING EXPENSE PAYMENT.—Beginning with the 
2012 reinsurance year, the Corporation shall make 
payments pursuant to paragraph (1)(B) during Oc-
tober 2012, and for subsequent reinsurance years, 
every October thereafter.’’. 
(f) CONFORMING AMENDMENTS.— 
(1) PREMIUM
REDUCTION
AUTHORITY.—Sub-
section 508(e) of the Federal Crop Insurance Act (7 
U.S.C. 1508(e)) is amended— 
(A) in paragraph (2) by striking ‘‘para-
graph (4)’’ and inserting ‘‘paragraph (3)’’; 
(B) by striking paragraph (3); and 
(C) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively. 
(2) PREMIUM
RATE
REDUCTION
PILOT
PRO-
GRAM.—Section 523 of the Federal Crop Insurance 
Act (7 U.S.C. 1523) is amended— 
(A) by striking subsection (d); and 
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(B) by redesignating subsection (e) as sub-
section (d). 
(3) SUBMISSION
OF
POLICIES
AND
MATE-
RIALS.—Section 508(h)(1)(A) of the Federal Crop 
Insurance Act (7 U.S.C. 1508(h)(1)(A)) is amended 
by striking ‘‘; and’’ and inserting ‘‘; or’’. 
SEC. 11002. CATASTROPHIC RISK PROTECTION ADMINIS-
TRATIVE FEE. 
Section 508(b)(5)(A) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(b)(5)(A)) is amended by striking 
‘‘$100 per crop per county’’ and inserting in its place 
‘‘$200 per crop per county’’. 
SEC. 
11003. 
FUNDING 
FOR 
REIMBURSEMENTS, 
CON-
TRACTING, RISK MANAGEMENT EDUCATION, 
AND INFORMATION TECHNOLOGY. 
(a) FUNDING.—Section 516 of the Federal Crop In-
surance Act (7 U.S.C. 1516) is amended by adding at the 
end the following new subsections: 
‘‘(d) 
FUNDING
FOR
REIMBURSEMENTS, 
CON-
TRACTING, RISK MANAGEMENT EDUCATION, AND INFOR-
MATION TECHNOLOGY.—Of the amounts made available 
from the insurance fund established under subsection (c), 
the Corporation shall use not more than $30,000,000 in 
each fiscal year to carry out the following: 
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‘‘(1) Reimbursement of research and develop-
ment and maintenance costs described under section 
522(b). 
‘‘(2) Research and development contracting de-
scribed under section 522(c). 
‘‘(3) Partnerships for risk management and im-
plementation described under section 522(d). 
‘‘(4) Education and information programs de-
scribed in section 524(a)(2). 
‘‘(5) Partnerships for risk management edu-
cation program described in section 524(a)(3). 
‘‘(6) Information technology, as determined by 
the Corporation. 
‘‘(e) UNDERSERVED STATES.—Of the amount made 
available under subsection (d), the Corporation shall use 
not more than $5,000,000 in each fiscal year to carry out 
contracting for research and development described in sec-
tion 522(c)(1)(A).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) FORMER
FUNDING
PROVISION.—Section 
522 of the Federal Crop Insurance Act (7 U.S.C. 
1522) is amended by striking subsection (e) and in-
serting the following new subsection: 
‘‘(e) PROHIBITED RESEARCH AND DEVELOPMENT BY 
CORPORATION.— 
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‘‘(1) NEW
POLICIES.—Notwithstanding sub-
section (d), the Corporation shall not conduct re-
search and development for any new policy for an 
agricultural commodity offered under this title. 
‘‘(2) EXISTING
POLICIES.—Any policy devel-
oped by the Corporation under this title before Octo-
ber 1, 2000, may continue to be offered for sale to 
producers.’’. 
(2) CROSS REFERENCE.—Section 523(c)(1) of 
the 
Federal 
Crop 
Insurance 
Act 
(7 
U.S.C. 
1523(c)(1)) 
is 
amended 
by 
striking 
‘‘section 
522(e)(4)’’ and inserting ‘‘section 522(e)’’. 
(3) EDUCATION
ASSISTANCE
FUNDING.—Sec-
tion 524(a) of the Federal Crop Insurance Act (7 
U.S.C. 1524(a)) is amended as follows: 
(A) in paragraph (1), by striking ‘‘para-
graph (4)’’ and inserting ‘‘section 516(d)’’; and 
(B) by striking paragraph (4). 
SEC. 11004. REIMBURSEMENT OF RESEARCH AND DEVEL-
OPMENT COSTS RELATED TO NEW CROP IN-
SURANCE PRODUCTS. 
(a) REIMBURSEMENT AUTHORIZED.—Paragraph (1) 
of section 522(b) of the Federal Crop Insurance Act (7 
U.S.C. 1522(b)) is amended to read as follows: 
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733 
HR 2419 PCS
‘‘(1) RESEARCH
AND
DEVELOPMENT
REIM-
BURSEMENT.—The Corporation shall provide a pay-
ment to reimburse an applicant for research and de-
velopment costs directly related to a policy that— 
‘‘(A) is submitted to the Board pursuant 
to an FCIC Reimbursement Grant under para-
graph (7); or 
‘‘(B) is submitted to the Board and ap-
proved by the Board under section 508(h) for 
reinsurance and, if applicable, offered for sale 
to producers.’’. 
(b) 
FCIC 
REIMBURSEMENT
GRANTS.—Section 
522(b) of the Federal Crop Insurance Act (7 U.S.C. 
1522(b)) is amended by adding at the end the following 
new paragraph: 
‘‘(7) FCIC REIMBURSEMENT GRANTS.— 
‘‘(A) GRANTS
AUTHORIZED.—The Cor-
poration shall provide FCIC Reimbursement 
Grants to persons proposing to prepare for sub-
mission to the Board crop insurance policies 
and provisions under subparagraphs (A) and 
(B) of section 508(h)(1), who apply and are ap-
proved for such FCIC Reimbursement Grants 
under the terms and conditions of this para-
graph. 
VerDate Aug 31 2005 
00:40 Sep 06, 2007
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