I 
115TH CONGRESS 
1ST SESSION H. R. 3871 
To amend the Organic Foods Production Act of 1990 to reauthorize and 
improve the national organic program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2017 
Mr. FASO (for himself, Ms. MICHELLE LUJAN GRISHAM of New Mexico, Mr. 
GROTHMAN, Mr. RODNEY DAVIS of Illinois, Ms. BLUNT ROCHESTER, and 
Mr. SOTO) introduced the following bill; which was referred to the Com-
mittee on Agriculture 
A BILL 
To amend the Organic Foods Production Act of 1990 to 
reauthorize and improve the national organic program, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Organic Farmer and 
Consumer Protection Act of 2017’’. 
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SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR NA-
TIONAL ORGANIC PROGRAM. 
Subsection (b) of section 2123 of the Organic Foods 
Production Act of 1990 (7 U.S.C. 6522) is amended to 
read as follows: 
‘‘(b) 
NATIONAL
ORGANIC
PROGRAM.—Notwith-
standing any other provision of law, in order to carry out 
activities under the national organic program established 
under this title, there are authorized to be appropriated— 
‘‘(1) $15,000,000 for fiscal year 2018; 
‘‘(2) $16,500,000 for fiscal year 2019; 
‘‘(3) $18,000,000 for fiscal year 2020; 
‘‘(4) $20,000,000 for fiscal year 2021; 
‘‘(5) $22,000,000 for fiscal year 2022; and 
‘‘(6) $24,000,000 for fiscal year 2023.’’. 
SEC. 3. MODERNIZATION AND IMPROVEMENT OF INTER-
NATIONAL TRADE TECHNOLOGY SYSTEMS 
AND DATA COLLECTION. 
Section 2123 of the Organic Foods Production Act 
of 1990 (7 U.S.C. 6522) is amended by adding at the end 
the following new subsection: 
‘‘(d) MODERNIZATION AND IMPROVEMENT OF INTER-
NATIONAL TRADE TECHNOLOGY SYSTEMS
AND DATA 
COLLECTION.— 
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‘‘(1) IN GENERAL.—The Secretary shall mod-
ernize international trade tracking and data collec-
tion systems of the national organic program. 
‘‘(2) ACTIVITIES.—In carrying out paragraph 
(1), the Secretary shall modernize trade and trans-
action certificates to ensure full traceability without 
unduly hindering trade, such as through an elec-
tronic trade document exchange system. 
‘‘(3) FUNDING.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall make 
available $5,000,000 for fiscal year 2019 for the 
purposes of— 
‘‘(A) carrying out this subsection; and 
‘‘(B) maintaining the database and tech-
nology upgrades previously carried out pursuant 
to subsection (c). 
‘‘(4) AVAILABILITY.—The amount made avail-
able under paragraph (3) is in addition to any other 
funds made available for the purposes specified in 
such paragraph and shall remain available until ex-
pended.’’. 
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SEC. 4. RECORDKEEPING, INVESTIGATION, AND ENFORCE-
MENT. 
(a) IN GENERAL.—Section 2120 of the Organic 
Foods Production Act of 1990 (7 U.S.C. 6519) is amend-
ed by adding at the end the following: 
‘‘(d) COLLABORATIVE INVESTIGATIONS
AND EN-
FORCEMENT.— 
‘‘(1) INFORMATION
SHARING
DURING
ACTIVE 
INVESTIGATION.—In carrying out this title, all par-
ties to an active investigation (including certifying 
agents, State organic certification programs, and the 
national organic program) may share confidential 
business information with Federal and State govern-
ment officers and employees and certifying agents 
involved in the investigation as necessary to fully in-
vestigate and enforce potential violations of this title 
and regulations issued under this title. 
‘‘(2) ACCESS TO DATA DOCUMENTATION SYS-
TEMS.—The Secretary shall have access to available 
data from cross-border documentation systems ad-
ministered by other Federal agencies, including— 
‘‘(A) the Automated Commercial Environ-
ment system of the U.S. Customs and Border 
Patrol; and 
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‘‘(B) the Phytosanitary Certificate Issu-
ance and Tracking system of the Animal and 
Plant Health Inspection Service. 
‘‘(3) 
ADDITIONAL
DOCUMENTATION
AND 
VERIFICATION.—The Secretary, acting through the 
national organic program, has the authority, and 
shall grant an accredited certifying agent the au-
thority, to require increased additional documenta-
tion or verification before granting certification, in 
the case of a known area of risk or when there is 
a specific area of concern, as determined by the Sec-
retary or the certifying agent.’’. 
(b) MODIFICATION
OF REGULATIONS
ON EXCLU-
SIONS FROM CERTIFICATION.—Not later than 1 year 
after the date of the enactment of this Act, the Secretary 
of Agriculture shall issue regulations to limit the type of 
operations that are excluded from certification under sec-
tion 205.101 of title 7, Code of Federal Regulations, and 
any other corresponding sections. 
SEC. 5. ADDITIONAL ACCREDITATION AUTHORITY. 
Section 2115 of the Organic Foods Production Act 
of 1990 (7 U.S.C. 6514) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
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(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) SATELLITE OFFICES
AND OVERSEAS OPER-
ATIONS.—As part of the accreditation of certifying agents 
under this section, the Secretary— 
‘‘(1) has oversight and approval authority over 
any certifying agent operating in a foreign country; 
and 
‘‘(2) shall require an annual authorization for 
each certifying agent that intends to operate in any 
foreign country.’’. 
SEC. 6. ANNUAL REPORT. 
Section 2122 of the Organic Foods Production Act 
of 1990 (7 U.S.C. 6521) is amended by adding at the end 
the following: 
‘‘(c) ANNUAL REPORT.—Not later than March 1, 
2019, and annually thereafter, the Secretary shall submit 
to Congress a report describing national organic program 
activities with respect to all domestic and overseas inves-
tigations and compliance actions taken pursuant to this 
title during the preceding year.’’. 
Æ 
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