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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1246 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 102
107th CONGRESS
  1st Session
                                S. 1246

   To respond to the continuing economic crisis adversely affecting 
                    American agricultural producers.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2001

Mr. Harkin, from the Committee on Agriculture, Nutrition, and Forestry, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL

 
   To respond to the continuing economic crisis adversely affecting 
                    American agricultural producers.

    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 ``Emergency 
Agricultural Assistance Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--MARKET LOSS ASSISTANCE

Sec. 101. Market loss assistance.
Sec. 102. Oilseeds.
Sec. 103. Peanuts.
Sec. 104. Sugar.
Sec. 105. Honey.
Sec. 106. Wool and mohair.
Sec. 107. Cottonseed.
Sec. 108. Commodity purchases.
Sec. 109. Loan deficiency payments.
Sec. 110. Milk.
Sec. 111. Pulse crops.
Sec. 112. Tobacco.
Sec. 113. Apples.
                         TITLE II--CONSERVATION

Sec. 201. Conservation reserve program.
Sec. 202. Wetlands reserve program.
Sec. 203. Environmental quality incentives program.
Sec. 204. Wildlife Habitat Incentive Program.
Sec. 205. Farmland protection program.
Sec. 206. Risk management conservation assistance.
                          TITLE III--NUTRITION

Sec. 301. Bonus commodities.
Sec. 302. Information and assistance concerning reimbursement options.
Sec. 303. Distribution of commodities.
Sec. 304. Seniors Farmers' Market Nutrition Pilot Program.
                 TITLE IV--CREDIT AND RURAL DEVELOPMENT

                           Subtitle A--Credit

Sec. 401. Farm energy emergency loans.
Sec. 402. Definition of rural area for community programs guaranteed 
                            loans.
                     Subtitle B--Rural Development

Sec. 411. Value-added intermediary relending program.
Sec. 412. Business and industry loans.
Sec. 413. Value-added agricultural product market development grants.
Sec. 414. Regulations; notice of acceptance of applications.
Sec. 415. Funding.
                           TITLE V--RESEARCH

Sec. 501. Sustainable agriculture technology development and transfer 
                            program.
Sec. 502. Senior Scientific Research Service.
                     TITLE VI--DISASTER ASSISTANCE

Sec. 601. Crop and pasture flood compensation program.
Sec. 602. Purchase of floodplain easements.
Sec. 603. Compensation of producers for forage losses due to army 
                            worms.
                        TITLE VII--MISCELLANEOUS

Sec. 701. National organic certification cost-share program.
Sec. 702. Use of value-added commodities.
                       TITLE VII--ADMINISTRATION

Sec. 801. Obligation period.
Sec. 802. Commodity Credit Corporation.
Sec. 803. Regulations.

                    TITLE I--MARKET LOSS ASSISTANCE

SEC. 101. MARKET LOSS ASSISTANCE.

    (a) In General.--The Secretary of Agriculture (referred to in this 
Act as the ``Secretary'') shall use funds of the Commodity Credit 
Corporation to provide assistance in the form of a market loss 
assistance payment to owners and producers on a farm that are eligible 
for a final payment for fiscal year 2001 under a production flexibility 
contract for the farm under the Agricultural Market Transition Act (7 
U.S.C. 7201 et seq.).
    (b) Amount and Manner.--In providing payments under this section, 
the Secretary shall--
            (1) use the same contract payment rates as are used under 
        section 802(b) of the Agriculture, Rural Development, Food and 
        Drug Administration, and Related Agencies Appropriations Act, 
        2000 (7 U.S.C. 1421 note; Public Law 106-78); and
            (2) provide the payments in a manner that is consistent 
        with section 802(c) of that Act.

SEC. 102. OILSEEDS.

    (a) In General.--The Secretary shall use $500,000,000 of funds of 
the Commodity Credit Corporation to make payments to producers of the 
2001 crop of oilseeds that are eligible to obtain a marketing 
assistance loan under section 131 of the Agricultural Market Transition 
Act (7 U.S.C. 7231).
    (b) Computation.--A payment to producers on a farm under this 
section for an oilseed shall be equal to the product obtained by 
multiplying--
            (1) a payment rate determined by the Secretary;
            (2) the acreage of the producers on the farm for the 
        oilseed, as determined under subsection (c); and
            (3) the yield of the producers on the farm for the oilseed, 
        as determined under subsection (d).
    (c) Acreage.--
            (1) In general.--Except as provided in paragraph (2), the 
        acreage of the producers on the farm for an oilseed under 
        subsection (b)(2) shall be equal to the number of acres planted 
        to the oilseed by the producers on the farm during the 1998, 
        1999, or 2000 crop year, whichever is greatest, as reported by 
        the producers on the farm to the Secretary (including any 
        acreage reports that are filed late).
            (2) New producers.--In the case of producers on a farm that 
        planted acreage to an oilseed during the 2001 crop year but not 
        the 1998, 1999, or 2000 crop year, the acreage of the producers 
        for the oilseed under subsection (b)(2) shall be equal to the 
        number of acres planted to the oilseed by the producers on the 
        farm during the 2001 crop year, as reported by the producers on 
        the farm to the Secretary (including any acreage reports that 
        are filed late).
    (d) Yield.--
            (1) Soybeans.--Except as provided in paragraph (3), in the 
        case of soybeans, the yield of the producers on a farm under 
        subsection (b)(3) shall be equal to the greater of--
                    (A) the average county yield per harvested acre for 
                each of the 1996 through 2000 crop years, excluding the 
                crop year with the greatest yield per harvested acre 
                and the crop year with the lowest yield per harvested 
                acre; or
                    (B) the actual yield of the producers on the farm 
                for the 1998, 1999, or 2000 crop year.
            (2) Other oilseeds.--Except as provided in paragraph (3), 
        in the case of oilseeds other than soybeans, the yield of the 
        producers on a farm under subsection (b)(3) shall be equal to 
        the greater of--
                    (A) the average national yield per harvested acre 
                for each of the 1996 through 2000 crop years, excluding 
                the crop year with the greatest yield per harvested 
                acre and the crop year with the lowest yield per 
                harvested acre; or
                    (B) the actual yield of the producers on the farm 
                for the 1998, 1999, or 2000 crop year.
            (3) New producers.--In the case of producers on a farm that 
        planted acreage to an oilseed during the 2001 crop year but not 
        the 1998, 1999, or 2000 crop year, the yield of the producers 
        on a farm under subsection (b)(3) shall be equal to the greater 
        of--
                    (A) the average county yield per harvested acre for 
                each of the 1996 through 2000 crop years, excluding the 
                crop year with the greatest yield per harvested acre 
                and the crop year with the lowest yield per harvested 
                acre; or
                    (B) the actual yield of the producers on the farm 
                for the 2001 crop.
            (4) Data source.--To the maximum extent available, the 
        Secretary shall use data provided by the National Agricultural 
        Statistics Service to carry out this subsection.

SEC. 103. PEANUTS.

    The Secretary shall use $55,210,000 of funds of the Commodity 
Credit Corporation to provide a supplemental payment under section 
204(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 
note; Public Law 106-224) to producers of quota peanuts or additional 
peanuts for the 2000 crop year that received a payment under that 
section.

SEC. 104. SUGAR.

    (a) Marketing Assessment.--Section 156(f) of the Agricultural 
Market Transition Act (7 U.S.C. 7272(f)) shall not apply with respect 
to the 2001 crop of sugarcane and sugar beets.
    (b) Emergency Financial Assistance for 2000 Crop of Sugar Beets.--
Notwithstanding section 815(d)(1) of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (114 Stat. 1549, 1549A-56), in making payments 
under that section for quality losses for the 2000 crop of sugar beets 
of producers on a farm in an area covered by Manager's Bulletin MGR-01-
010 issued by the Federal Crop Insurance Corporation on March 2, 2001--
            (1) the Secretary shall calculate the amount of a quality 
        loss, regardless of whether the sugar beets are processed, on 
        an aggregate basis by cooperative;
            (2) the Secretary shall make the quality loss payments to a 
        cooperative for distribution to cooperative members; and
            (3) the amount of a quality loss, regardless of whether the 
        sugar beets are processed, shall be equal to the difference 
        between--
                    (A) the per unit payment that the producers on the 
                farm would have received for the crop from the 
                cooperative if the crop had not suffered a quality 
                loss; and
                    (B) the average per unit payment that the producers 
                on the farm received from the cooperative for the 
                affected sugar beets.

SEC. 105. HONEY.

    (a) In General.--The Secretary shall use funds of the Commodity 
Credit Corporation to make nonrecourse loans available to producers of 
the 2001 crop of honey on fair and reasonable terms and conditions, as 
determined by the Secretary.
    (b) Loan Rate.--The loan rate for a loan under subsection (a) for 
honey shall be equal to 85 percent of the simple average price received 
by producers of honey, as determined by the Secretary, during the 
marketing years for the immediately preceding 5 crops of honey, 
excluding the year in which the average price was the highest and the 
year in which the average price was the lowest.

SEC. 106. WOOL AND MOHAIR.

    (a) In General.--The Secretary shall use $16,940,000 of funds of 
the Commodity Credit Corporation to provide a supplemental payment 
under section 814 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 (114 
Stat. 1549, 1549A-55), to producers of wool, and producers of mohair, 
for the 2000 marketing year that received a payment under that section.
    (b) Payment Rate.--The Secretary shall adjust the payment rate 
specified in that section to reflect the amount made available for 
payments under this section.

SEC. 107. COTTONSEED.

    (a) Fiscal Year 2001.--The Secretary shall use $34,000,000 of funds 
of the Commodity Credit Corporation for fiscal year 2001 to provide 
assistance to producers and first handlers of the 2000 crop of 
cottonseed.
    (b) Fiscal Year 2002.--The Secretary shall use $66,000,000 of funds 
of the Commodity Credit Corporation for fiscal year 2002 to provide 
assistance to producers and first handlers of the 2001 crop of 
cottonseed.

SEC. 108. COMMODITY PURCHASES.

    (a) In General.--The Secretary shall use $220,000,000 of funds of 
the Commodity Credit Corporation to purchase agricultural commodities, 
especially agricultural commodities that have experienced low prices 
during the 2000 or 2001 crop years, such as apples, apricots, 
asparagus, bell peppers, bison meat, black beans, black-eyed peas, 
blueberries (wild and cultivated), cabbage, cantaloupe, cauliflower, 
chickpeas, cranberries, cucumbers, dried plums, dry peas, eggplants, 
lemons, lentils, melons, onions, peaches (including freestone), pears, 
potatoes (summer and fall), pumpkins, raisins, raspberries, red tart 
cherries, snap beans, spinach, strawberries, sweet corn, tomatoes, and 
watermelons.
    (b) Geographic Diversity.--The Secretary is encouraged to purchase 
agricultural commodities under this section in a manner that reflects 
the geographic diversity of agricultural production in the United 
States, particularly agricultural production in the Northeast and Mid-
Atlantic States.
    (c) Other Purchases.--The Secretary shall ensure that purchases of 
agricultural commodities under this section are in addition to 
purchases by the Secretary under any other law.
    (d) Transportation and Distribution Costs.--The Secretary may use 
not more than $20,000,000 of the funds made available under subsection 
(a) to provide assistance to States to cover costs incurred by the 
States in transporting and distributing agricultural commodities 
purchased under this section.
    (e) Purchases for School Nutrition Programs.--The Secretary shall 
use not less than $55,000,000 of the funds made available under 
subsection (a) to purchase agricultural commodities of the type 
distributed under section 6(a) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1755(a)) for distribution to schools and 
service institutions in accordance with section 6(a) of that Act.

SEC. 109. LOAN DEFICIENCY PAYMENTS.

    Section 135(a)(2) of the Agricultural Market Transition Act (7 
U.S.C. 7235(a)(2)) is amended by striking ``2000 crop year'' and 
inserting ``each of the 2000 and 2001 crop years''.

SEC. 110. MILK.

    (a) Extension of Milk Price Support Program.--Section 141 of the 
Agricultural Market Transition Act (7 U.S.C. 7251) is amended by 
striking ``2001'' each place it appears in subsections (b)(4) and (h) 
and inserting ``2002''.
    (b) Repeal of Recourse Loan Program for Processors.--Section 142 of 
the Agricultural Market Transition Act (7 U.S.C. 7252) is repealed.

SEC. 111. PULSE CROPS.

    (a) In General.--The Secretary shall use $20,000,000 of funds of 
the Commodity Credit Corporation to provide assistance in the form of a 
market loss assistance payment to owners and producers on a farm that 
grow dry peas, lentils, or chickpeas (collectively referred to in this 
section as a ``pulse crop'').
    (b) Computation.--A payment to owners and producers on a farm under 
this section for a pulse crop shall be equal to the product obtained by 
multiplying--
            (1) a payment rate determined by the Secretary; by
            (2) the acreage of the producers on the farm for the pulse 
        crop determined under subsection (c).
    (c) Acreage.--
            (1) In general.--The acreage of the producers on the farm 
        for a pulse crop under subsection (b)(2) shall be equal to the 
        number of acres planted to the pulse crop by the owners and 
        producers on the farm during the 1998, 1999, or 2000 crop year, 
        whichever is greatest.
            (2) Basis.--For the purpose of paragraph (1), the number of 
        acres planted to a pulse crop by the owners and producers on 
        the farm for a crop year shall be based on (as determined by 
        the Secretary)--
                    (A) the number of acres planted to the pulse crop 
                for the crop year, as reported to the Secretary by the 
                owners and producers on the farm, including any acreage 
                that is included in reports that are filed late; or
                    (B) the number of acres planted to the pulse crop 
                for the crop year for the purpose of the Federal crop 
                insurance program established under the Federal Crop 
                Insurance Act (7 U.S.C. 1501 et seq.).

SEC. 112. TOBACCO.

    (a) Tobacco Payments.--
            (1) Definitions.--In this subsection:
                    (A) Eligible person.--The term ``eligible person'' 
                means a person that--
                            (i) owns a farm for which, regardless of 
                        temporary transfers or undermarketings, a basic 
                        quota or allotment for eligible tobacco is 
                        established for the 2001 crop year under part I 
                        of subtitle B of title III of the Agricultural 
                        Adjustment Act of 1938 (7 U.S.C. 1311 et seq.);
                            (ii) controls the farm from which, under 
                        the quota or allotment for the relevant period, 
                        eligible tobacco is marketed, could have been 
                        marketed, or can be marketed, taking into 
                        account temporary transfers; or
                            (iii) grows, could have grown, or can grow 
                        eligible tobacco that is marketed, could have 
                        been marketed, or can be marketed under the 
                        quota or allotment for the 2001 crop year, 
                        taking into account temporary transfers.
                    (B) Eligible tobacco.--The term ``eligible 
                tobacco'' means each of the following kinds of tobacco:
                            (i) Flue-cured tobacco, comprising types 
                        11, 12, 13, and 14.
                            (ii) Fire-cured tobacco, comprising types 
                        21, 22, and 23.
                            (iii) Dark air-cured tobacco, comprising 
                        types 35 and 36.
                            (iv) Virginia sun-cured tobacco, comprising 
                        type 37.
                            (v) Burley tobacco, comprising type 31.
                            (vi) Cigar-filler and cigar-binder tobacco, 
                        comprising types 42, 43, 44, 54, and 55.
            (2) Payments.--Not later than September 30, 2002, the 
        Secretary shall use funds of the Commodity Credit Corporation 
        to make payments under this subsection.
            (3) Poundage payment quantities.--For the purposes of this 
        subsection, individual tobacco quotas and allotments shall be 
        converted to poundage payment quantities as follows:
                    (A) Flue-cured and burley tobacco.--In the case of 
                Flue-cured tobacco (types 11, 12, 13, and 14) and 
                Burley tobacco (type 31), the poundage payment quantity 
                shall equal the number of pounds of the basic poundage 
                quota of the kind of tobacco, irrespective of temporary 
                transfers or undermarketings, under part I of subtitle 
                B of title III of the Agricultural Adjustment Act of 
                1938 (7 U.S.C. 1311 et seq.) for the 2001 crop year.
                    (B) Other kinds of eligible tobacco.--In the case 
                of each other kind of eligible tobacco, individual 
                allotments shall be converted to poundage payment 
                quantities by multiplying--
                            (i) the number of acres that may, 
                        irrespective of temporary transfers or 
                        undermarketings, be devoted, without penalty, 
                        to the production of the kind of tobacco under 
                        the allotment under part I of subtitle B of 
                        title III of the Agricultural Adjustment Act of 
                        1938 (7 U.S.C. 1311 et seq.) for the 2001 crop 
                        year; by
                            (ii)(I) in the case of fire-cured tobacco 
                        (type 21), 1,630 pounds per acre;
                            (II) in the case of fire-cured tobacco 
                        (types 22 and 23), 2,601 pounds per acre;
                            (III) in the case of dark air-cured tobacco 
                        (types 35 and 36), 2,337 pounds per acre;
                            (IV) in the case of Virginia sun-cured 
                        tobacco (type 37), 1,512 pounds per acre; and
                            (V) in the case of cigar-filler and cigar-
                        binder tobacco (types 42, 43, 44, 54, and 55), 
                        2,165 pounds per acre.
            (4) Available payment amounts.--The available payment 
        amount for pounds of a payment quantity under paragraph (2) 
        shall be equal to--
                    (A) in the case of fire-cured tobacco (types 21, 
                22, and 23) and dark air-cured tobacco (types 35 and 
                36), 16.12 cents per pound; and
                    (B) in the case of each other kind of eligible 
                tobacco not covered by subparagraph (A), 8.06 cents per 
                pound.
            (5) Division of payments among eligible persons.--
                    (A) In general.--Payments available with respect to 
                a pound of payment quantity, as determined under 
                paragraph (4), shall be made available to eligible 
                persons in accordance with this paragraph.
                    (B) Flue-cured and cigar tobacco.--In the case of 
                payments made available in a State under paragraph (2) 
                for Flue-cured tobacco (types 11, 12, 13, and 14) and 
                cigar-filler and cigar-binder tobacco (types 42, 43, 
                44, 54, and 55), the Secretary shall distribute (as 
                determined by the Secretary)--
                            (i) 50 percent of the payments to eligible 
                        persons that are owners described in paragraph 
                        (1)(A)(i); and
                            (ii) 50 percent of the payments to eligible 
                        persons that are growers described in paragraph 
                        (1)(A)(iii).
                    (C) Other kinds of eligible tobacco.--In the case 
                of payments made available in a State under paragraph 
                (2) for each other kind of eligible tobacco not covered 
                by subparagraph (A), the Secretary shall distribute (as 
                determined by the Secretary)--
                            (i) 33\1/3\ percent of the payments to 
                        eligible persons that are owners described in 
                        paragraph (1)(A)(i);
                            (ii) 33\1/3\ percent of the payments to 
                        eligible persons that are controllers described 
                        in paragraph (1)(A)(ii); and
                            (iii) 33\1/3\ percent of the payments to 
                        eligible persons that are growers described in 
                        paragraph (1)(A)(iii).
            (6) Standards.--In carrying out this subsection, the 
        Secretary shall use, to the maximum extent practicable, the 
        same standards for payments that were used for making payments 
        under section 204(b) of the Agricultural Risk Protection Act of 
        2000 (7 U.S.C. 1421 note; Public Law 106-224).
            (7) Judicial review.--A determination by the Secretary 
        under this subsection shall not be subject to judicial review.
    (b) Grading of Price-Support Tobacco.--
            (1) In general.--Not later than November 30, 2001, the 
        Secretary shall conduct a referendum among producers of each 
        kind of tobacco that is eligible for price support under the 
        Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine 
        whether the producers favor the mandatory grading of the 
        tobacco by the Secretary.
            (2) Mandatory grading.--If the Secretary determines that 
        mandatory grading of each kind of tobacco described in 
        paragraph (1) is favored by a majority of the producers voting 
        in the referendum, effective for the 2002 and subsequent 
        marketing years, the Secretary shall ensure that all kinds of 
        the tobacco are graded at the time of sale.
            (3) Judicial review.--A determination by the Secretary 
        under this subsection shall not be subject to judicial review.

SEC. 113. APPLES.

    (a) In General.--The Secretary shall use $150,000,000 of funds of 
the Commodity Credit Corporation to make payments to apple producers to 
provide relief for the loss of markets during the 2000 crop year.
    (b) Payment Quantity.--
            (1) In general.--Subject to paragraph (2), the payment 
        quantity of apples for which the producers on a farm are 
        eligible for payments under this section shall be equal to the 
        quantity of the 2000 crop of apples produced by the producers 
        on the farm.
            (2) Maximum quantity.--The payment quantity of apples for 
        which the producers on a farm are eligible for payments under 
        this section shall not exceed 5,000,000 pounds of apples 
        produced on the farm.
    (c) Limitations.--Subject to subsection (b)(2), the Secretary shall 
not establish a payment limitation, or gross income eligibility 
limitation, with respect to payments made under this section.
    (d) Applicability.--This section applies only with respect to the 
2000 crop of apples and producers of that crop.

                         TITLE II--CONSERVATION

SEC. 201. CONSERVATION RESERVE PROGRAM.

    (a) Technical Assistance.--Notwithstanding section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i), in addition 
to amounts made available under section 801 of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (114 Stat. 1549, 1549A-49), the Secretary 
shall use $44,000,000 of funds of the Commodity Credit Corporation to 
provide technical assistance under the conservation reserve program 
established under subchapter B of chapter 1 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.).
    (b) Extension of Contracts.--Notwithstanding section 1231(e)(1) of 
the Food Security Act of 1985 (16 U.S.C. 3831(e)(1)), an owner or 
operator that has entered into a contract under the conservation 
reserve program that would otherwise expire during calendar year 2001 
may extend the contract for 1 year.
    (c) Payments.--
            (1) In general.--Subject to paragraph (2), during the 2001 
        and 2002 calendar years, the Secretary shall include among 
        practices that are eligible for payments under the conservation 
        reserve program--
                    (A) the preservation of shallow water areas for 
                wildlife;
                    (B) the establishment of permanent vegetative 
                cover, such as contour grass strips and cross-wind trap 
                strips; and
                    (C) the preservation of wellhead protection areas.
            (2) Other practices.--The Secretary shall administer 
        paragraph (1) in a manner that does not reduce the amount of 
        payments made by the Secretary for other practices under the 
        conservation reserve program.
    (d) Pilot Program for Enrollment of Wetland and Buffer Acreage in 
Conservation Reserve.--
            (1) In general.--Section 1231(h)(4)(B) of the Food Security 
        Act of 1985 (16 U.S.C. 3831(h)(4)(B)) is amended by inserting 
        ``(which may include emerging vegetation in water)'' after 
        ``vegetative cover''.
            (2) Conforming amendment.--Section 1232(a)(4) of the Food 
        Security Act of 1985 (16 U.S.C. 3832(a)(4)) is amended by 
        inserting ``(which may include emerging vegetation in water)'' 
        after ``vegetative cover''.

SEC. 202. WETLANDS RESERVE PROGRAM.

    (a) Maximum Enrollment.--Notwithstanding section 1237(b)(1) of the 
Food Security Act of 1985 (16 U.S.C. 3837(b)(1)) and section 808 of the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (114 Stat. 1549, 1549A-52), 
subject to subsection (b), the Secretary shall use $200,000,000 of 
funds of the Commodity Credit Corporation for enrollment of additional 
acres beginning in fiscal year 2002 in the wetlands reserve program 
established under subchapter C of chapter 1 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.).
    (b) Technical Assistance; Monitoring and Maintenance Expenses.--
Notwithstanding section 11 of the Commodity Credit Corporation Charter 
Act (15 U.S.C. 714i), of the funds made available under subsection (a), 
the Secretary shall use--
            (1) not less than $12,000,000, but not more than 
        $15,000,000, to provide technical assistance under the wetlands 
        reserve program; and
            (2) not less than $8,000,000, but not more than 
        $10,000,000, for monitoring and maintenance expenses incurred 
        by the Secretary for land enrolled in the wetlands reserve 
        program as of the date of enactment of this Act.

SEC. 203. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

    In addition to amounts made available under section 1241 of the 
Food Security Act of 1985 (16 U.S.C. 3841), the Secretary shall use 
$250,000,000 of funds of the Commodity Credit Corporation to carry out 
the environmental quality 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.).

SEC. 204. WILDLIFE HABITAT INCENTIVE PROGRAM.

    In addition to amounts made available under section 387(c) of the 
Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 
3836a(c)), the Secretary shall use $7,000,000 of funds of the Commodity 
Credit Corporation to carry out the Wildlife Habitat Incentive Program 
established under section 387 of that Act.

SEC. 205. FARMLAND PROTECTION PROGRAM.

    (a) In General.--In addition to amounts made available under 
section 388(c) of the Federal Agriculture Improvement and Reform Act of 
1996 (16 U.S.C. 3830 note; Public Law 104-127) and section 211(a) of 
the Agricultural Risk Protection Act of 2000 (16 U.S.C. 3830 note; 
Public Law 106-224), the Secretary shall use $40,000,000 of funds of 
the Commodity Credit Corporation to make payments under the farmland 
protection program established under section 388 of the Federal 
Agriculture Improvement and Reform Act of 1996 to--
            (1) any agency of any State or local government, or 
        federally recognized Indian tribe, including farmland 
        protection boards and land resource councils established under 
        State law; and
            (2) any organization that--
                    (A) is organized for, and at all times since the 
                formation of the organization has been operated 
                principally for, 1 or more of the conservation purposes 
                specified in clauses (i), (ii), and (iii) of section 
                170(h)(4)(A) of the Internal Revenue Code of 1986;
                    (B) is an organization described in section 
                501(c)(3) of that Code that is exempt from taxation 
                under section 501(a) of that Code;
                    (C) is described in section 509(a)(2) of that Code; 
                or
                    (D) is described in section 509(a)(3) of that Code 
                and is controlled by an organization described in 
                section 509(a)(2) of that Code.
    (b) Technical Assistance.--Notwithstanding section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i), of the funds 
made available under subsection (a), the Secretary may use not more 
than $3,000,000 to provide technical assistance under the farmland 
protection program.

SEC. 206. RISK MANAGEMENT CONSERVATION ASSISTANCE.

    (a) In General.--Notwithstanding sections 201 through 205, subject 
to subsection (d), of the amount of funds made available under this 
title (other than section 201(a)), the Secretary shall use $100,000,000 
to address critical risk management needs (including such needs under 
programs specified in subsection (b)) in States that are described in 
section 522(c)(1)(A) of the Federal Crop Insurance Act (7 U.S.C. 
1522(c)(1)(A)).
    (b) Minimum Amount.--Subject to subsection (d), the minimum amount 
each State described in subsection (a) shall receive under subsection 
(a) shall be $5,000,000.
    (c) Programs.--For the purpose of subsection (a), the programs 
specified in this subsection are--
            (1) the wetlands reserve program established under 
        subchapter C of chapter 1 of subtitle D of title XII of the 
        Food Security Act of 1985 (16 U.S.C. 3837 et seq.);
            (2) the environmental quality 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.);
            (3) the Wildlife Habitat Incentive Program established 
        under section 387 of the Federal Agriculture Improvement and 
        Reform Act of 1996 (16 U.S.C. 3836a); and
            (4) the farmland protection program established under 
        section 388 of the Federal Agriculture Improvement and Reform 
        Act of 1996 (16 U.S.C. 3830 note; Public Law 104-127).
    (d) Other States.--The Secretary shall use any funds made available 
under subsection (a) that have not been obligated by June 1, 2002, to 
provide assistance under the environmental quality 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.) in States that are not 
described in section 522(c)(1)(A) of the Federal Crop Insurance Act (7 
U.S.C. 1522(c)(1)(A)).

                          TITLE III--NUTRITION

SEC. 301. BONUS COMMODITIES.

    Section 6(e)(1)(B) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ``2001'' and 
inserting ``2002''.

SEC. 302. INFORMATION AND ASSISTANCE CONCERNING REIMBURSEMENT OPTIONS.

    Section 11(f) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1759a(f)) is amended--
            (1) in paragraph (1)(E), by striking ``2001'' and inserting 
        ``2003''; and
            (2) in paragraph (2)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) In general.--The Secretary shall submit to 
                the Committee on Education and the Workforce of the 
                House of Representatives and the Committee on 
                Agriculture, Nutrition and Forestry of the Senate--
                            ``(i) not later than January 1, 2003, an 
                        interim report on the activities of the State 
                        agencies receiving grants under this 
                        subsection; and
                            ``(ii) not later than January 1, 2004, a 
                        final report on the activities of the State 
                        agencies receiving grants under this 
                        subsection.''; and
                    (B) in subparagraph (B), by striking ``report'' and 
                inserting ``reports''.

SEC. 303. DISTRIBUTION OF COMMODITIES.

    (a) In General.--The Secretary shall use $10,000,000 of funds of 
the Commodity Credit Corporation to cover direct and indirect costs 
related to the processing, transportation, and distribution of 
commodities to eligible recipient agencies under the Emergency Food 
Assistance Act of 1983 (7 U.S.C. 7501 et seq.).
    (b) Allocation.--Funds made available under subsection (a) shall be 
allocated to States in accordance with section 204(a) of the Emergency 
Food Assistance Act of 1983 (7 U.S.C. 7508(a)).

SEC. 304. SENIORS FARMERS' MARKET NUTRITION PILOT PROGRAM.

    The Secretary shall use $20,000,000 of funds of the Commodity 
Credit Corporation to carry out the Seniors Farmers' Market Nutrition 
Pilot Program announced on November 2, 2000 (65 Fed. Reg. 65825).

                 TITLE IV--CREDIT AND RURAL DEVELOPMENT

                           Subtitle A--Credit

SEC. 401. FARM ENERGY EMERGENCY LOANS.

    (a) In General.--Section 321(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1961(a)) is amended--
            (1) in the first sentence--
                    (A) by striking ``aquaculture operations have'' and 
                inserting ``aquaculture operations (i) have''; and
                    (B) by striking ``the Disaster Relief and Emergency 
                Assistance Act:'' and inserting ``the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5121 et seq.), or (ii) have suffered or are 
                likely to suffer substantial economic injury on or 
                after June 1, 2000, as the result of a sharp and 
                significant increase in energy costs or input costs 
                from energy sources occurring on or after June 1, 2000, 
                in connection with an energy emergency declared by the 
                President or the Secretary:'';
            (2) in the third sentence, by striking ``the Disaster 
        Relief and Emergency Assistance Act'' and inserting ``the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.) or by an energy emergency declared by 
        the President or the Secretary''; and
            (3) in the fourth sentence--
                    (A) by inserting ``or energy emergency'' after 
                ``natural disaster'' each place it appears; and
                    (B) by inserting ``or declaration'' after 
                ``emergency designation''.
    (b) Funding.--Funds available for emergency loans under subtitle C 
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
seq.) to meet the needs resulting from natural disasters shall be 
available to carry out the amendments made by subsection (a).
    (c) Guidelines.--Not later than 30 days after the date of enactment 
of this Act, the Secretary shall issue such guidelines as the Secretary 
determines to be necessary to carry out the amendments made by 
subsection (a).
    (d) Report.--Not later than 18 months after the date of final 
publication by the Secretary of the guidelines issued under subsection 
(c), the Secretary shall submit to the Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a report on the effectiveness of loans made 
available as a result of the amendments made by subsection (a), 
together with recommendations for improvements to the loans, if any.

SEC. 402. DEFINITION OF RURAL AREA FOR COMMUNITY PROGRAMS GUARANTEED 
              LOANS.

    (a) In General.--Section 730 of the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2000 (Public Law 106-78; 113 Stat. 1164; 7 U.S.C. 2009 note), is 
amended by inserting ``(other than the Community Programs Guaranteed 
Loans program)'' after ``Housing Service''.
    (b) Conforming Amendment.--Section 735 of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-29), is 
repealed.

                     Subtitle B--Rural Development

SEC. 411. VALUE-ADDED INTERMEDIARY RELENDING
              PROGRAM.

    Section 310B of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1932) is amended by adding at the end the following:
    ``(h) Value-Added Intermediary Relending Program.--
            ``(1) In general.--In accordance with this subsection, the 
        Secretary shall make loans under the intermediary relending 
        program established under section 1323(b)(2)(C) of the Food 
        Security Act of 1985 (7 U.S.C. 1932 note; Public Law 99-198).
            ``(2) Loans.--Using funds made available to carry out this 
        subsection, the Secretary shall make loans to eligible 
        intermediaries to make loans to ultimate recipients, under the 
        terms and conditions of  the intermediary relending program, 
for projects to establish, enlarge, and operate enterprises that add 
value to agricultural commodities and products of agricultural 
commodities.
            ``(3) Eligible intermediaries.--Intermediaries that shall 
        be eligible to receive loans under paragraph (2) shall include 
        State agencies.
            ``(4) Preference for bioenergy projects.--In making loans 
        using loan funds made available under paragraph (2), an 
        eligible intermediary shall give preference to bioenergy 
        projects in accordance with regulations promulgated by the 
        Secretary.
            ``(5) Composition of capital.--The capital for a project 
        carried out by an ultimate recipient and assisted with loan 
        funds made available under paragraph (2) shall be comprised 
        of--
                    ``(A) not more than 15 percent of the total cost of 
                a project; and
                    ``(B) not less than 50 percent of the equity funds 
                provided by agricultural producers.
            ``(6) Loan conditions.--
                    ``(A) Terms of loans.--A loan made to an 
                intermediary using loan funds made available under 
                paragraph (2) shall have a term of not exceed 30 years.
                    ``(B) Interest.--The interest rate on such a loan 
                shall be--
                            ``(i) in the case of each of the first 2 
                        years of the loan period, 0 percent; and
                            ``(ii) in the case of each of the remaining 
                        years of the loan period, 2 percent.
            ``(7) Limitations on amount of loan funds provided.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an intermediary or ultimate recipient 
                shall be eligible to receive not more than $2,000,000 
                of the loan funds made available under paragraph (2).
                    ``(B) State agencies.--Subparagraph (A) shall not 
                apply in the case of a State agency with respect to 
                loan funds provided to the State agency as an 
                intermediary.''.

SEC. 412. BUSINESS AND INDUSTRY LOANS.

    (a) In General.--The Secretary shall use funds made available under 
section 415(a)(2) to pay the cost of business and industry guaranteed 
loans under section 310B(a)(1) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1932(a)(1)).
    (b) Use of Funds.--To the maximum extent practicable, loan funds 
made available under subsection (a) shall be used in conjunction with 
value-added intermediary relending program loan funds made available by 
section 310B(h) of the Consolidated Farm and Rural Development Act (as 
added by section 411), except that the aggregate of all such loan funds 
(including the amount of guaranteed loans) made available for a project 
shall comprise not more than 65 percent of the cost of a project.
    (c) Fees.--Section 310B(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1932(a)) is amended by adding at the end the 
following: ``The amount of a fee paid by a borrower to the Secretary 
for a business and industry direct or guaranteed loan under paragraph 
(1) shall not exceed 2 percent of the amount of the loan.''.

SEC. 413. VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS.

    The Secretary shall use funds made available under section 
415(a)(3) to award grants for projects under the terms and conditions 
provided in section 231(a) of the Agricultural Risk Protection Act of 
2000 (Public Law 106-224; 7 U.S.C. 1621 note), except that the 
Secretary shall give preference to bioenergy projects.

SEC. 414. REGULATIONS; NOTICE OF ACCEPTANCE OF
              APPLICATIONS.

    (a) In General.--Not later than 75 days after the date of enactment 
of this Act, the Secretary shall promulgate final regulations to carry 
out this subtitle and the amendments made by this subtitle.
    (b) Notice of Acceptance of Applications.--Not later than 20 days 
after the date of promulgation of regulations under subsection (a), the 
Secretary shall publish in the Federal Register a notice that the 
Secretary is accepting applications for grants and loans for which 
funds are made available under this subtitle and the amendments made by 
this subtitle.

SEC. 415. FUNDING.

    (a) In General.--On October 1, 2001, out of any funds in the 
Treasury not otherwise appropriated, the Secretary of the Treasury 
shall transfer to the Secretary--
            (1) $18,000,000 for the cost of loans to carry out section 
        310B(h) of the Consolidated Farm and Rural Development Act (as 
        added by section 411);
            (2) $5,000,000 for the cost of loans to carry out section 
        412; and
            (3) $20,000,000 to carry out section 413.
    (b) Entitlement.--The Secretary shall be entitled to receive the 
funds transferred under subsection (a) and shall accept the funds.
    (c) Availability of New Budget Authority.--For the purposes of 
section 504(b)(1) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661c(b)(1)), this section shall be considered to be an appropriations 
Act.

                           TITLE V--RESEARCH

SEC. 501. SUSTAINABLE AGRICULTURE TECHNOLOGY
              DEVELOPMENT AND TRANSFER PROGRAM.

    In addition to funds made available under section 1629(i) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
5832(i)), the Secretary shall use $3,000,000 of funds of the Commodity 
Credit Corporation for fiscal year 2002 to make producer grants under 
chapter 3 of subtitle B of title XVI of that Act (7 U.S.C. 5831 et 
seq.).

SEC. 502. SENIOR SCIENTIFIC RESEARCH SERVICE.

    Subtitle B of title VI of the Agricultural Research, Extension, and 
Education Reform Act of 1998 (7 U.S.C. 7651 et seq.) is amended by 
adding at the end the following:

``SEC. 620. SENIOR SCIENTIFIC RESEARCH SERVICE.

    ``(a) In General.--There is established in the Department of 
Agriculture the Senior Scientific Research Service (referred to in this 
section as the `Service').
    ``(b) Members.--
            ``(1) In general.--Subject to paragraphs (2) through (4), 
        the Secretary shall appoint the members of the Service.
            ``(2) Qualifications.--To be eligible for appointment to 
        the Service, an individual shall--
                    ``(A) have conducted outstanding research in the 
                field of agriculture or forestry;
                    ``(B) have earned a doctoral level degree at an 
                institution of higher education (as defined in section 
                101 of the Higher Education Act of 1965 (20 U.S.C. 
                1001)); and
                    ``(C) meet qualification standards prescribed by 
                the Director of the Office of Personnel Management for 
                appointment to a position at level GS-15 of the General 
                Schedule.
            ``(3) Number.--The Secretary shall appoint not more than 
        100 individuals to serve as members of the Service at any time.
            ``(4) Other requirements.--Subject to subsection (d)(2), 
        the Secretary may appoint and employ a member of the Service 
        without regard to--
                    ``(A) the provisions of title 5, United States 
                Code, governing appointments in the competitive 
                service;
                    ``(B) the provisions of subchapter I of chapter 35 
                of title 5, United States Code, relating to retention 
                preference;
                    ``(C) the provisions of chapter 43 of title 5, 
                United States Code, relating to performance appraisal 
                and performance actions;
                    ``(D) the provisions of chapter 51 and subchapter 
                III of chapter 53 of title 5, United States Code, 
                relating to classification and General Schedule pay 
                rates; and
                    ``(E) the provisions of chapter 75 of title 5, 
                United States Code, relating to adverse actions.
    ``(c) Performance Appraisal System.--The Secretary shall develop a 
performance appraisal system for members of the Service that is 
designed to--
            ``(1) provide for the systematic appraisal of the 
        employment performance of the members; and
            ``(2) encourage excellence in employment performance by the 
        members.
    ``(d) Compensation.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall determine the compensation of members of the Service.
            ``(2) Limitations.--The rate of pay for a member of the 
        Service shall--
                    ``(A) not be less than the minimum rate payable for 
                a position at level GS-15 of the General Schedule; and
                    ``(B) not be more than the rate payable for a 
                position at level I of the Executive Schedule, unless 
                the rate is approved by the President under section 
                5377(d)(2) of title 5, United States Code.
    ``(e) Retirement Contributions.--
            ``(1) In general.--On the request of a member of the 
        Service who was an employee of an institution of higher 
        education (as defined in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001)) immediately prior to appointment 
        as a member of the Service and who retains the right to 
        continue to make contributions to the retirement system of the 
        institution, the Secretary may contribute an amount not to 
        exceed 10 percent of the basic pay of the member to the 
        retirement system of the institution on behalf of the member.
            ``(2) Federal retirement system.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                member for whom a contribution is made under paragraph 
                (1) shall not, as a result of serving as a member of 
                the Service, be covered by, or earn service credit 
                under, chapter 83 or 84 of title 5, United States Code.
                    ``(B) Annual leave.--Service of a member of the 
                Service described in subparagraph (A) shall be 
                creditable for determining years of service under 
                section 6303(a) of title 5, United States Code.
    ``(f) Involuntary Separation.--
            ``(1) In general.--Subject to paragraph (2) and 
        notwithstanding the provisions of title 5, United States Code, 
        governing appointment in the competitive service, in the case 
        of an individual who is separated from the Service 
        involuntarily and without cause--
                    ``(A) the Secretary may appoint the individual to a 
                position in the competitive civil service at level GS-
                15 of the General Schedule; and
                    ``(B) the appointment shall be a career 
                appointment.
            ``(2) Excepted civil service.--In the case of an individual 
        described in paragraph (1) who immediately prior to appointment 
        as a member of the Service was not a career appointee in the 
        civil service or the Senior Executive Service, the appointment 
        of the individual under paragraph (1)--
                    ``(A) shall be to the excepted civil service; and
                    ``(B) may not exceed a period of 2 years.''.

                     TITLE VI--DISASTER ASSISTANCE

SEC. 601. CROP AND PASTURE FLOOD COMPENSATION
              PROGRAM.

    (a) Definition of Covered Land.--In this section:
            (1) In general.--The term ``covered land'' means land 
        that--
                    (A) was unusable for agricultural production during 
                the 2001 crop year as the result of flooding;
                    (B) was used for agricultural production during at 
                least 1 of the 1992 through 2000 crop years; and
                    (C) is a contiguous parcel of land of at least 1 
                acre.
            (2) Exclusions.--The term ``covered land'' excludes any 
        land for which a producer is insured, enrolled, or assisted 
        during the 2001 crop year under--
                    (A) a policy or plan of insurance authorized under 
                the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
                    (B) the noninsured crop assistance program operated 
                under section 196 of the Agricultural Market Transition 
                Act (7 U.S.C. 7333);
                    (C) any crop disaster program established for the 
                2001 crop year;
                    (D) the conservation reserve program established 
                under subchapter B of chapter 1 of subtitle D of title 
                XII of the Food Security Act of 1985 (16 U.S.C. 3831 et 
                seq.);
                    (E) the wetlands reserve program established under 
                subchapter C of chapter 1 of subtitle D of title XII of 
                the Food Security Act of 1985 (16 U.S.C. 3837 et seq.);
                    (F) any emergency watershed protection program or 
                Federal easement program that prohibits crop production 
                or grazing; or
                    (G) any other Federal or State water storage 
                program, as determined by the Secretary.
    (b) Compensation.--The Secretary shall use not more than 
$24,000,000 of funds of the Commodity Credit Corporation to compensate 
producers with covered land for losses from long-term flooding.
    (c) Payment Rate.--The payment rate for compensation provided to a 
producer under this section shall be equal to the average county cash 
rental rate per acre established by the National Agricultural 
Statistics Service for the 2001 crop year.
    (d) Payment Limitation.--The total amount of payments made to a 
person (as defined in section 1001(5) of the Food Security Act of 1985 
(7 U.S.C. 1308(5))) under this section may not exceed $40,000.

SEC. 602. PURCHASE OF FLOODPLAIN EASEMENTS.

    (a) In General.--The Secretary shall use $10,000,000 of funds of 
the Commodity Credit Corporation for fiscal year 2002 to purchase 
permanent easements under the emergency watershed protection program.
    (b) Priority.--In carrying out this section, the Secretary shall 
provide a higher priority to the purchase of easements on floodplains 
of the Mississippi River and the Missouri River.

SEC. 603. COMPENSATION OF PRODUCERS FOR FORAGE LOSSES DUE TO ARMY 
              WORMS.

    (a) In General.--The Secretary shall use not more than $25,000,000 
of funds of the Commodity Credit Corporation to provide payments to 
producers of forage crops for losses due to army worms.
    (b) Amount.--
            (1) In general.--The amount of a payment made to a producer 
        under this section shall be equal to 65 percent of the average 
        price received by producers of a forage crop in the crop year 
        (as determined under paragraph (2)) for any deficiency in 
        production greater than 35 percent of the established yield for 
        the crop for the crop year, as determined by the Secretary.
            (2) Average price.--For the purpose of paragraph (1), the 
        average price received by producers of a forage crop shall be 
        equal to the simple average price received by producers of the 
        crop, as determined by the Secretary, during the immediately 
        preceding 5 crop years, excluding the year in which the average 
        price was the highest and the year in which the average price 
        was the lowest.
            (3) Administration.--Except as provided in paragraph (1), 
        the amount of a payment made to a producer under this section 
        shall be made in accordance with the terms and conditions 
        specified in section 196 of the Agricultural Market Transition 
        Act (7 U.S.C. 7333).

                        TITLE VII--MISCELLANEOUS

SEC. 701. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.

    (a) In General.--The Secretary (acting through the Agricultural 
Marketing Service) shall use $3,500,000 of funds of the Commodity 
Credit Corporation for fiscal year 2002 to establish a national organic 
certification cost-share program to assist producers and handlers of 
agricultural products in obtaining certification under the national 
organic production program established under the Organic Foods 
Production Act of 1990 (7 U.S.C. 6501 et seq.).
    (b) Federal Share.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall pay under this section not more than 75 percent of the 
        costs incurred by a producer or handler in obtaining 
        certification under the national organic production program, as 
        certified to and approved by the Secretary.
            (2) Maximum amount.--The maximum amount of a payment made 
        to a producer or handler under this section shall be $500.

SEC. 702. USE OF VALUE-ADDED COMMODITIES.

    Section 204(b)(1) of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1724(b)(1)) is amended by inserting 
``(including crude degummed soybean oil and soybean meal)'' after 
``processed, fortified, or bagged commodities''.

                       TITLE VII--ADMINISTRATION

SEC. 801. OBLIGATION PERIOD.

    (a) Fiscal Year 2001.--Except as otherwise provided in this Act, 
the Secretary and the Commodity Credit Corporation shall obligate and 
expend funds only during fiscal year 2001 to carry out the following:
            (1) Section 101.
            (2) Section 107(a).
    (b) Fiscal Year 2002.--
            (1) In general.--Except as otherwise provided in this Act, 
        the Secretary and the Commodity Credit Corporation shall 
        obligate and, to the maximum extent practicable, expend funds 
        during fiscal year 2002 to carry out the following:
                    (A) Title I (other than sections 101 and 107(a)).
                    (B) Title II.
                    (C) Sections 303 and 304.
                    (D) Subtitle B of title IV.
                    (E) Section 501.
                    (F) Title VI.
                    (G) Section 701.
            (2) Availability.--Funds described in paragraph (1) shall 
        remain available until expended.

SEC. 802. COMMODITY CREDIT CORPORATION.

    Except as otherwise provided in this Act, the Secretary shall use 
the funds, facilities, and authorities of the Commodity Credit 
Corporation to carry out this Act.

SEC. 803. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this Act and the amendments made by this 
Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of the amendments made by this Act shall be made without 
regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.

                                                       Calendar No. 102

107th CONGRESS

  1st Session

                                S. 1246

_______________________________________________________________________

                                 A BILL

              To respond to the continuing economic crisis
          adversely affecting American agricultural producers.

_______________________________________________________________________

                             July 25, 2001

                 Read twice and placed on the calendar
```