[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2487 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2487
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
March 31, 2006
Mr. Craig (for himself, Ms. Stabenow, Mrs. Murray, Mr. Crapo, Mr.
Santorum, and Mr. Levin) 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 2006''.
(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. Increase in maximum amount of assistance authorized under
tree assistance program.
Sec. 103. Fruit and vegetable market news allocation.
TITLE II--SPECIALTY CROP GRANTS AND LOANS
Sec. 201. Grants to States to enhance competitiveness of specialty
crops.
Sec. 202. Operating loans.
Sec. 203. Increased purchases of fruits, vegetables, and specialty
crops.
TITLE III--INTERNATIONAL TRADE
Sec. 301. Foreign market access study and strategy plan.
Sec. 302. Technical assistance for specialty crops.
Sec. 303. Animal and Plant Health Inspection Service.
Sec. 304. Protection of intellectual property rights in plants and
plant-derived material.
Sec. 305. Plant patents.
TITLE IV--SPECIALTY CROP RESEARCH AND GRANTS
Sec. 401. Transfer of administration and funding of Office of Pest
Management Policy.
Sec. 402. National specialty crops development initiative grant
program.
Sec. 403. Mechanized harvesting for production and processing methods.
TITLE V--INVASIVE PEST RESEARCH AND DISEASE RESPONSE
Sec. 501. Foreign invasive pests and diseases.
Sec. 502. Emergency response Fund.
Sec. 503. Independent scientific advice for Animal and Plant Health
Inspection Service.
Sec. 504. Food safety initiatives.
Sec. 505. Clean plant network.
TITLE VI--CONSERVATION
Sec. 601. Elimination of limitation on adjusted gross income from
eligibility requirements for environmental
quality incentives program.
Sec. 602. Sustainability practices.
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) 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; and
(6) United States specialty crop producers continue to face
serious tariff and non-tariff trade barriers in many export
markets.
(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) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Specialty crop.--
(A) In general.--The term ``specialty crop'' means
each agricultural crop produced in the United States.
(B) Exclusions.--The term ``specialty crop'' does
not include wheat, feed grains, oilseeds, cotton, rice,
peanuts, sugar, dry peas, lentils, chickpeas, and
tobacco.
(3) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the Commonwealth of Puerto Rico;
(C) Guam;
(D) American Samoa; and
(E) the United States Virgin Islands.
(4) 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. INCREASE IN MAXIMUM AMOUNT OF ASSISTANCE AUTHORIZED UNDER
TREE ASSISTANCE PROGRAM.
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 annually''.
SEC. 103. FRUIT AND VEGETABLE MARKET NEWS ALLOCATION.
(a) In General.--The Secretary, acting through the Administrator of
the Agricultural Marketing Service, shall use $9,000,000 of funds of
the Commodity Credit Corporation during fiscal year 2007 to carry out
market news activities to provide timely price information of United
States fruits and vegetables in the United States.
(b) Future Funding.--Subsequent to fiscal year 2007, funding for
the activities described in subsection (a) shall be annually indexed
for inflation.
TITLE II--SPECIALTY CROP GRANTS AND LOANS
SEC. 201. GRANTS TO STATES TO ENHANCE COMPETITIVENESS OF SPECIALTY
CROPS.
(a) Availability and Purpose of Grants.--
(1) In general.--For each of fiscal years 2007 through
2009, 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 2006 and
before commencement of each of fiscal years 2007 through 2009,
the Secretary shall establish terms and conditions for the
submission of grant applications for that fiscal year.
(b) Amount.--
(1) In general.--Subject to paragraphs (2) and (3), 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.--Except as provided in paragraph
(3), at a minimum, each eligible State shall receive $3,000,000
per fiscal year as a grant under this section.
(3) Limitation.--No State shall receive more than
$15,000,000 of the combined amount from paragraph (1) and
paragraph (2) for any fiscal year in which this Act applies.
(4) Availability of funds.--
(A) In general.--Any funds remaining after
allocations are made under paragraphs (2) and (3) 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
primarily 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.--The Secretary shall use
$200,000,000 of funds of the Commodity Credit Corporation during each
of fiscal years 2007 through 2009 to carry out this section.
SEC. 202. 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 2006), $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. 203. INCREASED PURCHASES OF FRUITS, VEGETABLES, AND SPECIALTY
CROPS.
Section 10603(a) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 612c-4(a)) is amended--
(1) by striking ``Of the funds'' and inserting the
following:
``(1) In general.--Of the funds'';
(2) 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
(3) 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 or any agency or entity of
fruits, vegetables, or other commodities.''.
TITLE III--INTERNATIONAL TRADE
SEC. 301. 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. 302. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
(a) In General.--Section 3205 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 5680) is amended--
(1) in subsection (d)--
(A) by striking ``(d) Funding.--For'' and all that
follows through ``$2,000,000'' and inserting the
following:
``(e) Funding.--
``(1) In general.--For each of fiscal years 2007 through
2009, the Secretary shall make available $10,000,000''; and
(B) by adding at the end the following:
``(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.''; and
(2) by inserting after subsection (c) the following:
``(d) Petition.--A participant in the program may petition the
Secretary for an extension of a project that exceeds, or will exceed,
applicable time restrictions.''.
SEC. 303. ANIMAL AND PLANT HEALTH INSPECTION SERVICE.
(a) In General.--The Secretary shall establish in the Animal and
Plant Health Inspection Service of the Department of Agriculture, the
Sanitary and Phytosanitary Export Petition Division for the sole
purpose of processing petitions that are submitted to that Service for
reducing sanitary and phytosanitary trade barriers in export markets.
(b) Staff and Support.--The Division shall be adequately staffed
and supported by resources necessary to manage the work associated with
petitions described in subsection (a).
(c) Elimination of Backlog.--Not later than 5 years after the date
of enactment of this Act, the Secretary shall eliminate the backlog of
the petitions in existence on the date of enactment of this Act.
SEC. 304. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN PLANTS AND
PLANT-DERIVED MATERIAL.
(a) Establishment.--The Secretary shall establish an office in the
Department of Agriculture 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. 305. PLANT PATENTS.
(a) Essentially Derived Plant.--Section 100 of title 35, United
States Code, is amended by adding at the end the following:
``(f) The term `essentially derived plant' means a plant that--
``(1) is predominantly derived from another plant (referred
to in this paragraph as the `initial plant') or from a plant
that is predominantly derived from the initial plant, while
retaining the expression of the essential characteristics that
result from the genotype of the initial plant;
``(2) is clearly distinguishable from the initial plant;
and
``(3) except for differences that result from the act of
derivation, conforms to the initial plant in the expression of
the essential characteristics that result from the genotype of
the initial plant.''.
(b) 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, on the grounds that the invention
was sold or otherwise disposed of.
``(2) Exceptions.--Paragraph (1) shall not apply if--
``(A) more than 1 year prior to the date of the
application for patent in the United States, the
invention was sold or otherwise disposed of to other
persons in the United States, by or with the consent of
the inventor or discoverer, or the successor in
interest of the inventor or discoverer, for purposes of
exploitation of the invention;
``(B) more than 4 years prior to the date of the
application for patent in the United States, the
invention was sold or otherwise disposed of to other
persons in a foreign country, by or with the consent of
the inventor or discoverer, or the successor in
interest of the inventor or discoverer, for purposes of
exploitation of the invention; or
``(C) more than 6 years prior to the date of the
application for patent in the United States, in the
case of a tree or vine, the invention was sold or
otherwise disposed of to other persons in a foreign
country, by or with the consent of the inventor or
discoverer, or the successor in interest of the
inventor or discoverer, for purposes of exploitation of
the invention.''.
(c) Plant Patent Grant.--Section 163 of title 35, United States
Code, is amended--
(1) by striking ``In the case'' and inserting the
following:
``(a) In General.--In the case''; and
(2) by adding at the end the following:
``(b) Application.--Subsection (a) applies equally to--
``(1) any plant that is essentially derived from a
protected plant, unless the protected plant is an essentially
derived plant; and
``(2) any plant that is not clearly distinguishable from a
protected plant.''.
(d) Conforming Amendment.--The chapter analysis 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.''.
(e) 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 (b),
all plant patents in force on the date of enactment of this
Act.
TITLE IV--SPECIALTY CROP RESEARCH AND GRANTS
SEC. 401. TRANSFER OF ADMINISTRATION AND FUNDING OF OFFICE OF PEST
MANAGEMENT POLICY.
(a) Transfer.--The Secretary shall transfer the Office of Pest
Management Policy of the Department of Agriculture from the
Agricultural Research Service to the Office of the Secretary for
administrative and funding purposes.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the activities of the Office of Pest
Management Policy $5,000,000 for each fiscal year.
SEC. 402. NATIONAL SPECIALTY CROPS DEVELOPMENT INITIATIVE GRANT
PROGRAM.
(a) In General.--The Secretary, acting through integrated
competitive grant programs administered by the Cooperative Research,
Education, and Extension Service, shall use $30,000,000 of funds of the
Commodity Credit Corporation for each of fiscal years 2007 through 2011
to support the National Specialty Crop Development Initiative, a long-
term program to improve efficiency and competitiveness of specialty
crop producers in the world marketplace.
(b) Use of Funds.--The Secretary, acting through the Agricultural
Research Service and the Cooperative Research, Education, and Extension
Service, working jointly with industry, shall use an appropriate amount
of funds described in subsection (a) to organize workshops to develop a
comprehensive strategic plan to address short-term, intermediate-term,
and long-term needs in production technology, marketing, product
development, and food safety issues essential to maintain a competitive
specialty crop industry.
SEC. 403. 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 V--INVASIVE PEST RESEARCH AND DISEASE RESPONSE
SEC. 501. FOREIGN INVASIVE PESTS AND DISEASES.
(a) In General.--The Secretary may conduct specific research--
(1) to identify and prioritize the harmful economic and
health impact of foreign invasive pests and diseases
threatening the United States; and
(2) to develop corresponding eradication and control
programs.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
SEC. 502. EMERGENCY RESPONSE FUND.
(a) Establishment.--There is established in the Treasury of the
United States a revolving fund, to be known as the ``Invasive Pest and
Disease Response Fund'' (referred to in this section as the ``Fund''),
consisting of--
(1) such amounts as may be appropriated to the Fund; and
(2) any proceeds received by the Secretary as reimbursement
for services provided by the Secretary using amounts in the
Fund.
(b) Availability.--Amounts in the Fund shall remain available until
expended.
(c) Use of Fund.--On request by the Secretary, the Secretary of the
Treasury shall transfer from the Fund to the Secretary of Agriculture
such amounts as the Secretary determines are necessary to support
emergency eradication and research activities of the Animal and Plant
Health Inspection Service in response to economic and health threats
posed by invasive pests and disease to agricultural commodities.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such funds as may be necessary to achieve a
balance in the Fund of $75,000,000 on October 1 of each fiscal year.
SEC. 503. INDEPENDENT SCIENTIFIC ADVICE FOR ANIMAL AND PLANT HEALTH
INSPECTION SERVICE.
(a) Finding.--Congress finds that the decision process at the
Animal and Plant Health Inspection Service with respect to requests to
import specialty crops into the United States, or export specialty
crops from the United States, would have greater credibility if the
scientific analysis underlying the requests was subject to independent
scientific peer review.
(b) Peer Review Process.--
(1) In general.--The Secretary, acting through the
Administrator of the Animal and Plant Health Inspection
Service, shall establish a process to obtain independent advice
and peer review on the scientific and technical aspects of
requests to import specialty crops into the United States or
export specialty crops from the United States, including the
preparation of risk assessments and the design of mitigation
measures.
(2) Initiation.--The independent review process shall be
initiated at the request of the Administrator.
(c) Qualifications.--Each person who participates in an independent
scientific review panel under this section shall be qualified by
education, training, and experience to evaluate scientific and
technical information on matters subject to review.
(d) Review Required.--The Administrator shall request an
independent review of the scientific and technical work product data
that are used in connection with policy guidance on, or in support of,
a decision on--
(1) any situation in which there has been a request to
export a specialty crop grown in the United States to another
country;
(2) establishment of the appropriate level of protection or
level of negligible risk that will be applicable to the
consideration of a request for approval to import a specialty
crop from another country;
(3) consideration of the type (qualitative or quantitative)
of risk assessment to conduct with respect to a request for
approval for the importation of a specialty crop into the
United States;
(4)(A) the sufficiency, type, and quality of data that
should be submitted to the Administrator in conjunction with a
request to import a specialty crop into the United States and
to merit preparation of a risk assessment; and
(B) following preparation of a risk assessment, a review
of--
(i) the risk assessment, including the assumptions
and interpretation of the data used; and
(ii) the mitigation measures designed to address
the plant pest and disease issues relevant to the
request; or
(5) situations in which the Animal and Plant Health
Inspection Service is considering permitting an import from a
country where--
(A) multiple plant pests are present in the growing
regions;
(B) both plant pests and plant diseases are present
in the growing regions; or
(C) new information or developments have become
known which cast doubt on the scientific basis of
previous decisions.
(e) Review Process.--
(1) In general.--To facilitate review under this section,
the Administrator shall make available to the review panel all
of the scientific and technical information in the possession
of the Animal and Plant Health Inspection Service that is
relevant to the matter to be reviewed.
(2) Advice and comments.--Not later than a date specified
by the Administrator, the panel shall make available to the
Administrator--
(A) advice and comments on the adequacy of the
scientific and technical basis of the proposed action;
and
(B) any pertinent information in the possession of
the panel.
(f) Use of Technical and Scientific Capabilities of Federal
Agencies.--In preparing advice and comments under subsection (e)(2)(A),
a review panel may make use of the technical and scientific
capabilities of any Federal agency having relevant expertise.
(g) Committees and Investigative Panels.--The Administrator may
establish such committees and panels as are necessary to carry out this
section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such funds as are necessary to carry out this section.
SEC. 504. 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. 505. 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 VI--CONSERVATION
SEC. 601. 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. 602. SUSTAINABILITY PRACTICES.
(a) Encouragement of Voluntary Sustainability Practices
Guidelines.--In administering this Act and the amendments made by this
Act, the Secretary shall encourage the development of voluntary
sustainable practices guidelines for producers and processors of
specialty crops, including provisions that--
(1) enhance producer-to-producer and processor-to-processor
education about--
(A) the importance of sustainable practices; and
(B) how self-governance will enhance the economic
viability and future of the specialty crop community;
and
(2) demonstrate that working closely with neighbors,
communities, and other stakeholders to maintain an open
dialogue can address concerns, enhance mutual respect, and
accelerate results.
(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.
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