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‘‘(2) make energy efficiency improvements.
‘‘(b) ELIGIBILITY OF FARMERS AND RANCHERS.—To
be eligible to receive a grant under subsection (a) for a fiscal
year, a farmer or rancher shall have produced not more
than $1,000,000 in market value of agricultural products
during the preceding fiscal year, as determined by the Sec-
retary.
‘‘(c) COST SHARING.—
‘‘(1) RENEWABLE ENERGY SYSTEMS.—
‘‘(A) IN GENERAL.—
‘‘(i) GRANTS.—The amount of a grant
made under subsection (a) for a renewable
energy system shall not exceed 30 percent of
the cost of the renewable energy system.
‘‘(ii) MAXIMUM AMOUNT OF COMBINED
GRANT AND LOAN.—The combined amount
of a grant and loan made or guaranteed
under subsection (a) for a renewable energy
system shall not exceed 60 percent of the
cost of the renewable energy system.
‘‘(B) 
FACTORS.—In 
determining 
the
amount of a grant or loan under subparagraph
(A), the Secretary shall take into consideration—
‘‘(i) the type of renewable energy sys-
tem to be purchased;
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‘‘(ii) the estimated quantity of energy
to be generated or displaced by the renew-
able energy system;
‘‘(iii) the expected environmental bene-
fits of the renewable energy system;
‘‘(iv) the extent to which the renewable
energy system will be replicable; and
‘‘(v) other factors as appropriate.
‘‘(2) ENERGY EFFICIENCY IMPROVEMENTS.—
‘‘(A) IN GENERAL.—
‘‘(i) GRANTS.—The amount of a grant
made under subsection (a) for an energy ef-
ficiency improvement shall not exceed 25
percent of the cost of the energy efficiency
improvement.
‘‘(ii) MAXIMUM AMOUNT OF COMBINED
GRANT AND LOAN.—The combined amount
of a grant and loan made or guaranteed
under subsection (a) for an energy efficiency
project shall not exceed 50 percent of the
cost of the energy efficiency improvement.
‘‘(B) 
FACTORS.—In 
determining 
the
amount of a grant or loan under subparagraph
(A), the Secretary shall take into consideration—
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‘‘(i) the estimated length of time it
would take for the energy savings generated
by the improvement to equal the cost of the
improvement;
‘‘(ii) the amount of energy savings ex-
pected to be derived from the improvement;
and
‘‘(iii) other factors as appropriate.
‘‘(d) INTEREST RATE.—A loan made or guaranteed
under subsection (a) shall bear interest at a rate not exceed-
ing 4 percent.
‘‘(e) ENERGY AUDIT AND RENEWABLE ENERGY DE-
VELOPMENT PROGRAM.—
‘‘(1) PREFERENCE.—In making loans, loan
guarantees, and grants under subsection (a), the Sec-
retary shall give preference to participants in the en-
ergy audit and renewable energy development pro-
gram under section 388F.
‘‘(2) RESERVATION OF FUNDING.—The Secretary
shall reserve at least 25 percent of the funds made
available to carry out this section for each of fiscal
years 2002 through 2006 to participants in the en-
ergy audit and renewable energy development pro-
gram under section 388F.
‘‘(f) FUNDING.—
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‘‘(1) IN GENERAL.—Not later than 30 days after
the date of enactment of this subtitle, and on October
1, 2002, and each October 1 thereafter through Octo-
ber 1, 2005, out of any funds in the Treasury not oth-
erwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this sec-
tion $33,000,000, to remain available until expended.
‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall use
to carry out this section the funds transferred under
paragraph (1), without further appropriation.
‘‘(3) LOAN AND INTEREST SUBSIDIES.—In the
case of a loan or loan guarantee under subsection (a),
the Secretary shall use funds under paragraph (1) to
pay the cost of loan and interest subsidies necessary
to carry out this section.
‘‘SEC. 388H. HYDROGEN AND FUEL CELL TECHNOLOGIES
PROGRAM.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) fuel cells are a highly efficient, clean, and
flexible technology for generating electricity from hy-
drogen that promises to improve the environment,
electricity reliability, and energy security;
‘‘(2)(A) because fuel cells can be made in any
size, fuel cells can be used for a wide variety of farm
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applications, including powering farm vehicles,
equipment, houses, and other operations; and
‘‘(B) much of the initial use of fuel cells is likely
to be in remote and off-grid applications in rural
areas; and
‘‘(3) hydrogen is a clean and flexible fuel that
can play a critical role in storing and transporting
energy produced on farms from renewable sources (in-
cluding biomass, wind, and solar energy).
‘‘(b) GRANT PROGRAM.—The Secretary of Agriculture,
in consultation with the Secretary of Energy, shall establish
a program under which the Secretary of Agriculture shall
competitively award grants to, or enter into contracts or
cooperative agreements with, eligible entities for—
‘‘(1) projects to demonstrate the use of hydrogen
technologies and fuel cell technologies in farm, ranch,
and rural applications; and
‘‘(2) as appropriate, studies of the technical, en-
vironmental, and economic viability, in farm, ranch,
and rural applications, of innovative hydrogen and
fuel cell technologies not ready for demonstration.
‘‘(c) ELIGIBLE ENTITIES.—Under subsection (b), the
Secretary may make a grant to or enter into a contract
or cooperative agreement with—
‘‘(1) a Federal research agency;
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‘‘(2) a national laboratory;
‘‘(3) a college or university or a research founda-
tion maintained by a college or university;
‘‘(4) a private organization with an established
and demonstrated capacity to perform research or
technology transfer;
‘‘(5) a State agricultural experiment station;
‘‘(6) an individual; or
‘‘(7) a consortium comprised of entities described
in paragraphs (1) through (6).
‘‘(d) SELECTION CRITERIA.—In selecting projects for
grants, contracts, and cooperative agreements under sub-
section (b)(1), the Secretary shall give preference to projects
that demonstrate technologies that—
‘‘(1) are innovative;
‘‘(2) use renewable energy sources;
‘‘(3) generate both usable electricity and heat;
‘‘(4) provide significant environmental benefits;
‘‘(5) are likely to be economically competitive;
and
‘‘(6) have potential for commercialization as
mass-produced, farm- or ranch-sized systems.
‘‘(e) COST SHARING.—The amount of financial assist-
ance provided for a project under a grant, contract, or coop-
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erative agreement under subsection (b) shall not exceed 50
percent of the cost of the project.
‘‘(f) FUNDING.—
‘‘(1) IN GENERAL.—Not later than 30 days after
the date of enactment of this subtitle, and on October
1, 2002, and each October 1 thereafter through Octo-
ber 1, 2005, out of any funds in the Treasury not oth-
erwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this sec-
tion $5,000,000, to remain available until expended.
‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall use
to carry out this section the funds transferred under
paragraph (1), without further appropriation.
‘‘SEC. 388I. TECHNICAL ASSISTANCE FOR FARMERS AND
RANCHERS TO DEVELOP RENEWABLE EN-
ERGY RESOURCES.
‘‘(a) IN GENERAL.—The Secretary, acting through the
Cooperative State Research, Education, and Extension
Service in consultation with the Natural Resources Con-
servation Service, regional biomass programs under the De-
partment of Energy, and other entities as appropriate, may
provide for education and technical assistance to farmers
and ranchers for the development and marketing of renew-
able energy resources.
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‘‘(b) ADMINISTRATIVE
EXPENSES.—The Secretary
may retain up to 4 percent of the amounts made available
for each fiscal year to carry out this section to pay adminis-
trative expenses incurred in carrying out this section.
‘‘CHAPTER 3—CARBON 
SEQUESTRATION
RESEARCH, DEVELOPMENT, AND DEM-
ONSTRATION PROGRAM
‘‘SEC. 388J. RESEARCH.
‘‘(a) BASIC RESEARCH.—
‘‘(1) IN GENERAL.—Subject to the availability of
appropriations, the Secretary shall carry out research
to promote understanding of—
‘‘(A) the net sequestration of organic carbon
in soils and plants (including trees); and
‘‘(B) net emissions of other greenhouse gases
from agriculture.
‘‘(2) AGRICULTURAL RESEARCH SERVICE.—The
Secretary, acting through the Agricultural Research
Service, shall collaborate with other Federal agencies
in developing data and carrying out research address-
ing carbon losses and gains in soils and plants (in-
cluding trees) and net emissions of methane and ni-
trous oxide from cultivation and animal management
activities.
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‘‘(3) COOPERATIVE
STATE
RESEARCH, 
EDU-
CATION, AND EXTENSION SERVICE.—
‘‘(A) IN GENERAL.—The Secretary, acting
through the Cooperative State Research, Edu-
cation, and Extension Service, shall establish a
competitive grant program to carry out research
on the matters described in paragraph (1) by eli-
gible entities.
‘‘(B) ELIGIBLE ENTITIES.—Under subpara-
graph (A), the Secretary may make a grant to—
‘‘(i) a Federal research agency;
‘‘(ii) a national laboratory;
‘‘(iii) a college or university or a re-
search foundation maintained by a college
or university;
‘‘(iv) a private research organization
with an established and demonstrated ca-
pacity to perform research or technology
transfer;
‘‘(v) a State agricultural experiment
station;
‘‘(vi) a State forestry agency that has
developed or is developing a forest carbon
sequestration program; or
‘‘(vii) an individual.
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‘‘(C) CONSULTATION
ON
RESEARCH
TOP-
ICS.—Before issuing a request for proposals for
basic research under paragraph (1), the Coopera-
tive State Research, Education, and Extension
Service shall consult with the Agricultural Re-
search Service and the Forest Service to ensure
that proposed research areas are complementary
with and do not duplicate other research projects
funded by the Department or other Federal agen-
cies.
‘‘(D) 
ADMINISTRATIVE
EXPENSES.—The
Secretary may retain up to 4 percent of the
amounts made available for each fiscal year to
carry out this subsection to pay administrative
expenses incurred in carrying out this sub-
section.
‘‘(b) APPLIED RESEARCH.—
‘‘(1) IN
GENERAL.—The Secretary shall carry
out applied research in the areas of soil science,
agronomy, agricultural economics, forestry, and other
agricultural sciences to—
‘‘(A) promote understanding of—
‘‘(i) how agricultural and forestry
practices affect the sequestration of organic
and inorganic carbon in soils and plants
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(including trees) and net emissions of other
greenhouse gases;
‘‘(ii) how changes in soil carbon pools
in soils and plants (including trees) are
cost-effectively measured, monitored, and
verified; and
‘‘(iii) how public programs and pri-
vate market approaches can be devised to
incorporate carbon sequestration in a
broader societal greenhouse gas emission re-
duction effort;
‘‘(B) develop methods for establishing base-
lines for measuring the quantities of carbon and
other greenhouse gases sequestered; and
‘‘(C) evaluate leakage, performance, and
permanence issues.
‘‘(2) REQUIREMENTS.—To the maximum extent
practicable, applied research under paragraph (1)
shall—
‘‘(A) use existing technologies and methods;
and
‘‘(B) provide methodologies that are acces-
sible to a nontechnical audience.
‘‘(3) MINIMIZATION
OF
ADVERSE
ENVIRON-
MENTAL IMPACTS.—All applied research under para-
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graph (1) shall be conducted with an emphasis on
minimizing adverse environmental impacts.
‘‘(4) NATURAL RESOURCES AND THE ENVIRON-
MENT.—The Secretary, acting through the Natural
Resources Conservation Service and the Forest Serv-
ice, shall collaborate with other Federal agencies in
developing new measuring techniques and equipment
or adapting existing techniques and equipment to en-
able cost-effective and accurate monitoring and
verification, for a wide range of agricultural and for-
estry practices, of—
‘‘(A) changes in carbon content in soils and
plants (including trees); and
‘‘(B) net emissions of other greenhouse
gases.
‘‘(5) COOPERATIVE
STATE
RESEARCH, 
EDU-
CATION, AND EXTENSION SERVICE.—
‘‘(A) IN GENERAL.—The Secretary, acting
through the Cooperative State Research, Edu-
cation, and Extension Service and the Forest
Service, shall establish a competitive grant pro-
gram to encourage research on the matters de-
scribed in paragraph (1) by eligible entities.
‘‘(B) ELIGIBLE ENTITIES.—Under subpara-
graph (A), the Secretary may make a grant to—
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‘‘(i) a Federal research agency;
‘‘(ii) a national laboratory;
‘‘(iii) a college or university or a re-
search foundation maintained by a college
or university;
‘‘(iv) a private research organization
with an established and demonstrated ca-
pacity to perform research or technology
transfer;
‘‘(v) a State agricultural experiment
station;
‘‘(vi) a State forestry agency that has
developed or is developing a forest carbon
sequestration program; or
‘‘(vii) an individual.
‘‘(C) CONSULTATION
ON
RESEARCH
TOP-
ICS.—Before issuing a request for proposals for
applied research under paragraph (1), the Coop-
erative State Research, Education, and Exten-
sion Service and the Forest Service shall consult
with the Natural Resources Conservation Service
and the Agricultural Research Service to ensure
that proposed research areas are complementary
with and do not duplicate research projects fund-
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ed by the Department of Agriculture or other
Federal agencies.
‘‘(D) 
ADMINISTRATIVE
EXPENSES.—The
Secretary, acting through the Cooperative State
Research, Education, and Extension Service,
may retain up to 4 percent of the amounts made
available for each fiscal year to carry out this
subsection to pay administrative expenses in-
curred in carrying out this subsection.
‘‘(c) RESEARCH CONSORTIA.—
‘‘(1) IN GENERAL.—The Secretary may designate
not more than 2 research consortia to carry out re-
search projects under this section, with the require-
ment that the consortia propose to conduct basic re-
search under subsection (a) and applied research
under subsection (b) .
‘‘(2) SELECTION.—The consortia shall be selected
on a competitive basis by the Cooperative State Re-
search, Education, and Extension Service.
‘‘(3) ELIGIBLE
CONSORTIUM
PARTICIPANTS.—
Entities eligible to participate in a consortium
include—
‘‘(A) a college or university or a research
foundation maintained by a college or univer-
sity;
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‘‘(B) a private research institution;
‘‘(C) a State agency;
‘‘(D) an Indian tribe (as defined in section
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b));
‘‘(E) an agency of the Department of Agri-
culture;
‘‘(F) a research center of the National Aero-
nautics and Space Administration, the Depart-
ment of Energy, or any other Federal agency;
‘‘(G) an agricultural business or organiza-
tion with demonstrated expertise in areas cov-
ered by this section; and
‘‘(H) a representative of the private sector
with demonstrated expertise in the areas.
‘‘(4) RESERVATION
OF
FUNDING.—If the Sec-
retary designates 1 or 2 consortia, the Secretary shall
reserve for research projects carried out by the consor-
tium or consortia not more than 25 percent of the
amounts made available to carry out this section for
a fiscal year.
‘‘(d) STANDARDS
FOR
MEASURING
CARBON
AND
OTHER GREENHOUSE GAS CONTENT.—
‘‘(1) CONFERENCE.—Not later than 3 years after
the date of enactment of this subtitle, the Secretary
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shall convene a conference of key scientific experts on
carbon sequestration from various sectors (including
the government, academic, and private sectors) to—
‘‘(A) discuss benchmark standards for meas-
uring the carbon content of soils and plants (in-
cluding trees) and net emissions of other green-
house gases;
‘‘(B) propose techniques and modeling ap-
proaches for measuring carbon content with a
level of precision that is agreed on by the par-
ticipants in the conference; and
‘‘(C) evaluate results of analyses on base-
line, permanence, and leakage issues.
‘‘(2) DEVELOPMENT
OF
BENCHMARK
STAND-
ARDS.—
‘‘(A) IN GENERAL.—The Secretary shall de-
velop benchmark standards for measuring the
carbon content of soils and plants (including
trees) based on—
‘‘(i) information from the conference
under paragraph (1);
‘‘(ii) research conducted under this sec-
tion; and
‘‘(iii) other information available to
the Secretary.
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‘‘(B) OPPORTUNITY
FOR
PUBLIC
COM-
MENT.—The Secretary shall provide an oppor-
tunity for the public to comment on the bench-
mark standards developed under subparagraph
(A).
‘‘(3) REPORT.—Not later than 180 days after the
conclusion of the conference under paragraph (1), the
Secretary shall submit to the Committee on Agri-
culture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the
Senate a report on the results of the conference.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $25,000,000 for
each of fiscal years 2002 through 2006.
‘‘(2) ALLOCATION.—
‘‘(A) IN GENERAL.—Of the amounts made
available to carry out this section for a fiscal
year, at least 50 percent shall be allocated for
competitive grants by the Cooperative State Re-
search, Education, and Extension Service.
‘‘(B) 
ADMINISTRATIVE
EXPENSES.—The
Secretary may retain up to 4 percent of the
amounts made available for each fiscal year to
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carry out this section to pay administrative ex-
penses incurred in carrying out this section.
‘‘SEC. 388K. DEMONSTRATION PROJECTS AND OUTREACH.
‘‘(a) DEMONSTRATION PROJECTS.—
‘‘(1) 
DEVELOPMENT
OF
MONITORING
PRO-
GRAMS.—
‘‘(A) IN GENERAL.—The Secretary, in co-
operation with local extension agents, experts
from land grant universities, and other local ag-
ricultural or conservation organizations, shall
develop user-friendly programs that combine
measurement tools and modeling techniques into
integrated packages to monitor the carbon se-
questering benefits of conservation practices and
net changes in greenhouse gas emissions.
‘‘(B) BENCHMARK LEVELS OF PRECISION.—
The Secretary shall administer programs devel-
oped under subparagraph (A) in a manner that
achieves, to the maximum extent practicable,
benchmark levels of precision in the measure-
ment, in a cost-effective manner, of benefits and
changes described in subparagraph (A).
‘‘(2) PROJECTS.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish a program under which the monitoring
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programs developed under paragraph (1) are
used in projects to demonstrate the feasibility of
methods 
of 
measuring, 
verifying, 
and
monitoring—
‘‘(i) changes in organic carbon content
and other carbon pools in soils and plants
(including trees); and
‘‘(ii) net changes in emissions of other
greenhouse gases.
‘‘(B) EVALUATION OF IMPLICATIONS.—The
projects under subparagraph (A) shall include
evaluation of the implications for reassessed
baselines, carbon or other greenhouse gas leakage,
and the permanence of sequestration.
‘‘(C) SUBMISSION
OF
PROPOSALS.—Pro-
posals for projects under subparagraph (A) shall
be submitted by the appropriate agency of each
State, in consultation with interested local juris-
dictions and State agricultural and conservation
organizations.
‘‘(D) LIMITATION.—Not more than 10
projects under subparagraph (A) may be ap-
proved in conjunction with applied research
projects under section 388J(b) until benchmark
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measurement and assessment standards are es-
tablished under section 388J(d).
‘‘(b) OUTREACH.—
‘‘(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Cooperative State Research, Education,
and Extension Service, shall widely disseminate in-
formation about the economic and environmental ben-
efits that can be generated by adoption of conserva-
tion practices that increase sequestration of carbon
and reduce emissions of other greenhouse gases.
‘‘(2) PROJECT RESULTS.—The Secretary, acting
through the Cooperative State Research, Education,
and Extension Service, shall provide for the dissemi-
nation to farmers, ranchers, private forest land-
owners, and appropriate State agencies in each State
of information concerning—
‘‘(A) the results of demonstration projects
under subsection (a)(2); and
‘‘(B) the manner in which the methods dem-
onstrated in the projects might be applicable to
the operations of the farmers, ranchers, private
forest landowners, and State agencies.
‘‘(3) POLICY OUTREACH.—The Secretary, acting
through the Cooperative State Research, Education,
and Extension Service, shall disseminate information
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on the connection between global climate change miti-
gation strategies and agriculture and forestry, so that
farmers, ranchers, private forest landowners, and
State agencies may better understand the global im-
plications of the activities of the farmers, ranchers,
private forest landowners, and State agencies.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $10,000,000 for
each of fiscal years 2002 through 2006.
‘‘(2) ALLOCATION.—Of the amounts made avail-
able to carry out this section for a fiscal year, at least
50 percent shall be allocated for demonstration
projects under subsection (a)(2).’’.
SEC. 903. BIOMASS RESEARCH AND DEVELOPMENT ACT OF
2000.
(a) FUNDING.—The Biomass Research and Develop-
ment Act of 2000 (7 U.S.C. 7624 note; Public Law 106–
224) is amended—
(1) in section 307, by striking subsection (f);
(2) by redesignating section 310 as section 311;
and
(3) by inserting after section 309 the following:
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‘‘SEC. 310. FUNDING.
‘‘(a) TRANSFERS BY THE SECRETARY OF THE TREAS-
URY.—
‘‘(1) IN GENERAL.—Not later than 30 days after
the date of enactment of this subsection, and on Octo-
ber 1, 2002, and each October 1 thereafter through
October 1, 2005, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this title
$15,000,000, to remain available until expended.
‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall use
to carry out this title the funds transferred under
paragraph (1), without further appropriation.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts transferred under subsection (a), there are
authorized to be appropriated to carry out this title
$49,000,000 for each of fiscal years 2002 through 2006.’’.
(b) TERMINATION OF AUTHORITY.—Section 311 of the
Biomass Research and Development Act of 2000 (7 U.S.C.
7624 note; Public Law 106–224) (as redesignated by sub-
section (a)) is amended by striking ‘‘December 31, 2005’’
and inserting ‘‘September 30, 2006’’.
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SEC. 904. RURAL ELECTRIFICATION ACT OF 1936.
Title I of the Rural Electrification Act of 1936 (7
U.S.C. 901 et seq.) is amended by adding at the end the
following:
‘‘SEC. 20. FINANCIAL AND TECHNICAL ASSISTANCE FOR RE-
NEWABLE ENERGY PROJECTS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) RENEWABLE ENERGY.—The term ‘renewable
energy’ means energy derived from a wind, solar, bio-
mass, geothermal, or hydrogen source.
‘‘(2) RURAL AREA.—The term ‘rural area’ in-
cludes any area that is not within the boundaries
of—
‘‘(A) a city, town, village, or borough hav-
ing a population of more than 20,000; or
‘‘(B) an urbanized area (as determined by
the Secretary).
‘‘(b) LOANS, LOAN GUARANTEES, AND GRANTS.—The
Secretary shall make loans, loan guarantees, and grants to
rural electric cooperatives and other rural electric utilities
(as determined by the Secretary) to promote the develop-
ment of economically and environmentally sustainable re-
newable energy projects to serve the needs of rural commu-
nities or for rural economic development.
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‘‘(c) INTEREST RATE.—A loan made or guaranteed
under subsection (b) shall bear interest at a rate not exceed-
ing 4 percent.
‘‘(d) USE OF FUNDS.—
‘‘(1) GRANTS.—A recipient of a grant under sub-
section (a) may use the grant funds to pay up to 75
percent of the cost of an economic feasibility study or
technical assistance for a renewable energy project.
‘‘(2) LOANS.—If a renewable energy project is
determined to be economically feasible, a recipient of
a loan or loan guarantee under subsection (a) may
use the loan funds to pay a percentage of the cost of
the project determined by the Secretary.
‘‘(e) FUNDING.—
‘‘(1) IN GENERAL.—Not later than 30 days after
the date of enactment of this section, and on October
1, 2002, and each October 1 thereafter through Octo-
ber 1, 2005, out of any funds in the Treasury not oth-
erwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this sec-
tion $9,000,000, to remain available until expended.
‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall use
to carry out this section the funds transferred under
paragraph (1), without further appropriation.
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‘‘(3) LOAN AND INTEREST SUBSIDIES.—In the
case of a loan or loan guarantee under subsection (a),
the Secretary shall use funds under paragraph (1) to
pay the cost of loan and interest subsidies necessary
to carry out this section.’’.
SEC. 905. CARBON SEQUESTRATION DEMONSTRATION PRO-
GRAM.
(a) FINDINGS.—Congress finds that—
(1) greenhouse gas emissions resulting from
human activity present potential risks and potential
opportunities for agricultural and forestry produc-
tion;
(2) there is a need to identify cost-effective meth-
ods that can be used in the agricultural and forestry
sectors to reduce the threat of climate change;
(3) deforestation and other land use changes ac-
count 
for 
approximately 
1,600,000,000 
of 
the
7,900,000,000 metric tons of the average annual
worldwide quantity of carbon emitted during the
1990s;
(4) ocean and terrestrial systems each sequestered
approximately 2,300,000,000 metric tons of carbon
annually, resulting in a sequestration of 60 percent of
the annual human-induced emissions of carbon dur-
ing the 1990s;
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(5) there are opportunities for increasing the
quantity of carbon that can be stored in terrestrial
systems through improved, human-induced agricul-
tural and forestry practices;
(6) increasing the carbon content of soil helps to
reduce erosion, reduce flooding, minimize the effects of
drought, prevent nutrients and pesticides from wash-
ing into water bodies, and contribute to water infil-
tration, air and water holding capacity, and good
seed germination and plant growth;
(7) tree planting and wetland restoration could
play a major role in sequestering carbon and reduc-
ing greenhouse gas concentrations in the atmosphere;
(8) nitrogen management is a cost-effective meth-
od of addressing nutrient overenrichment in the estu-
aries of the United States and of reducing emissions
of nitrous oxide;
(9) animal feed and waste management can be
cost-effective methods to address water quality issues
and reduce emissions of methane; and
(10) there is a need to—
(A) demonstrate that carbon sequestration
in soils, plants, and forests and reductions in
greenhouse gas emissions through nitrogen and
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animal feed and waste management can be
measured and verified; and
(B) develop and refine quantification,
verification, and auditing methodologies for car-
bon sequestration and greenhouse gas emission
reductions on a project by project basis.
(b) PROGRAM.—Title IV of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C.
7621 et seq.) (as amended by section 750) is amended by
adding at the end the following:
‘‘SEC. 412. CARBON SEQUESTRATION DEMONSTRATION
PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE
PROJECT.—The term ‘eligible
project’ means a project that is likely to result in—
‘‘(A) demonstrable reductions in net emis-
sions of greenhouse gases; or
‘‘(B) demonstrable net increases in the
quantity of carbon sequestered in soils and for-
ests.
‘‘(2) ENVIRONMENTAL TRADE.—The term ‘envi-
ronmental trade’ means a transaction between an
emitter of a greenhouse gas and an agricultural pro-
ducer or farmer-owned cooperative under which the
emitter pays to the agricultural producer or farmer-
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owned cooperative a fee to sequester carbon or other-
wise reduce emissions of greenhouse gases.
‘‘(3) PANEL.—The term ‘panel’ means the panel
of experts established under subsection (b)(4)(A).
‘‘(4) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture, acting in consultation
with—
‘‘(A) the Under Secretary of Agriculture for
Natural Resources and Environment;
‘‘(B) the Under Secretary of Agriculture for
Research, Education, and Economics;
‘‘(C) the Chief Economist of the Depart-
ment; and
‘‘(D) the panel.
‘‘(b) DEMONSTRATION PROGRAM.—
‘‘(1) ESTABLISHMENT.—Subject to the avail-
ability of appropriations, the Secretary shall establish
a program to provide grants, on a competitive, cost-
shared basis, to agricultural producers, non-industrial
private forest owners and farmer-owned cooperatives,
to assist in paying the costs incurred in measuring,
estimating, monitoring, verifying, auditing, and test-
ing methodologies involved in environmental trades
(including costs incurred in employing certified inde-
pendent third persons to carry out those activities).
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‘‘(2) CONDITIONS FOR RECEIPT OF GRANT.—As a
condition of the acceptance of a grant under para-
graph (1), an agricultural producer, non-industrial
forest owner and farmer-owned cooperatives shall—
‘‘(A) establish a carbon and greenhouse gas
monitoring, verification, and reporting system
that meets such requirements as the Secretary
shall prescribe; and
‘‘(B) under the system and through the use
of an independent third party for any necessary
monitoring, verifying, reporting, and auditing,
measure and report to the Secretary the quantity
of carbon sequestered, or the quantity of green-
house gas emissions reduced, as a result of the
conduct of an eligible project.
‘‘(3) CRITERIA FOR AWARD OF GRANT.—
‘‘(A) IN GENERAL.—In awarding a grant
for an eligible project under paragraph (1), the
Secretary shall take into consideration—
‘‘(i) the likelihood of the eligible project
in succeeding in achieving greenhouse gas
emissions reductions and net carbon seques-
tration increases; and
‘‘(ii) the usefulness of the information
to be obtained from the eligible project in
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determining how best to quantify, monitor,
and verify sequestered carbon or reductions
in greenhouse gas emissions.
‘‘(B) ELIGIBILITY CRITERIA.—To be eligible
for a grant under paragraph (1), a project shall
(as determined by the Secretary)—
‘‘(i) be designed to—
‘‘(I) achieve long-term sequestra-
tion of carbon or long-term reductions
in greenhouse gas emissions;
‘‘(II) address concerns regarding
leakage and permanence; or
‘‘(III) promote additionality; and
‘‘(ii) not involve—
‘‘(I) the reforestation of land that
has been deforested since 1990; or
‘‘(II) the conversion of native
grassland.
‘‘(C) PRIORITY
CRITERIA.—The Secretary
shall give priority in awarding a grant under
paragraph (1) to an eligible project that—
‘‘(i) involves multiple parties, a whole
farm approach, or any other approach, such
as the aggregation of land areas, that
would—
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‘‘(I) increase the environmental
benefits or reduce the transaction costs
of the eligible project; and
‘‘(II) reduce the costs of meas-
uring, monitoring, and verifying any
net sequestration of carbon or net re-
duction in greenhouse gas emissions;
and
‘‘(ii) provides certain benefits, such as
improvements in—
‘‘(I) soil fertility;
‘‘(II) wildlife habitat;
‘‘(III) water quality;
‘‘(IV) soil erosion management;
‘‘(V) the use of renewable resources
to produce energy;
‘‘(VI) the avoidance of ecosystem
fragmentation; and
‘‘(VII) the promotion of ecosystem
restoration with native species.
‘‘(4) PANEL.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish a panel to provide advice and rec-
ommendations to the Secretary with respect to
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criteria for awarding grants under this sub-
section.
‘‘(B) COMPOSITION.—The panel shall be
composed of the following representatives, to be
appointed by the Secretary:
‘‘(i) Experts from each of—
‘‘(I) the Department;
‘‘(II) the Environmental Protec-
tion Agency; and
‘‘(III) the Department of Energy.
‘‘(ii) Experts from nongovernmental
and academic entities.
‘‘(5) PAYMENT OF GRANT FUNDS.—The Secretary
shall provide a grant awarded under this section in
such number of installments as is necessary to ensure
proper implementation of an eligible project.
‘‘(c) DISSEMINATION OF INFORMATION.—As soon as
practicable after the date of enactment of this section, the
Secretary shall establish an Internet site through which ag-
ricultural producers, non-industrial private forest owners
and farmer-owned cooperatives may obtain information
concerning—
‘‘(1) potential environmental trades; and
‘‘(2) activities of the Secretary under this sec-
tion.
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‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2002 through 2006, of
which $1,000,000 for each of fiscal years 2002 through 2006
shall be made available to carry out farmer-owned coopera-
tive carbon environmental trade pilot projects, in accord-
ance with this section.’’.
SEC. 906. SENSE OF CONGRESS CONCERNING NATIONAL
RENEWABLE FUELS STANDARD.
It is the sense of Congress that—
(1) Congress supports and encourages adoption
of a national renewable fuels program, under which
the motor vehicle fuel placed into commerce by a re-
finer, blender, or importer shall be composed of renew-
able fuel measured according to a statutory formula
for specified calendar years; and
(2) the Secretary of Agriculture should ensure
that the policies and programs of the Department of
Agriculture promote the production of fuels from re-
newable fuel sources.
SEC. 907. SENSE OF CONGRESS CONCERNING THE BIO-
ENERGY PROGRAM OF THE DEPARTMENT OF
AGRICULTURE.
It is the sense of Congress that—
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(1) ethanol and biofuel production capacity will
be needed to phase out the use of methyl tertiary butyl
ether in gasoline and the dependence of the United
States on foreign oil; and
(2) the bioenergy program of the Department of
Agriculture under part 1424 of title 7, Code of Fed-
eral Regulations, should be continued and expanded.
TITLE X—MISCELLANEOUS
Subtitle A—Country of Origin and
Quality Grade Labeling
SEC. 1001. COUNTRY OF ORIGIN LABELING.
The Agricultural Marketing Act of 1946 (7 U.S.C.
1621 et seq.) is amended by adding at the end the following:
‘‘Subtitle D—Country of Origin
Labeling
‘‘SEC. 281. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) BEEF.—The term ‘beef’ means meat pro-
duced from cattle (including veal).
‘‘(2) COVERED COMMODITY.—
‘‘(A) IN GENERAL.—The term ‘covered com-
modity’ means—
‘‘(i) muscle cuts of beef, lamb, and
pork;
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‘‘(ii) ground beef, ground lamb, and
ground pork;
‘‘(iii) farm-raised fish;
‘‘(iv) wild fish;
‘‘(v) a perishable agricultural com-
modity; and
‘‘(vi) peanuts.
‘‘(B) EXCLUSIONS.—The term ‘covered com-
modity’ does not include—
‘‘(i) processed beef, lamb, and pork food
items; and
‘‘(ii) frozen entrees containing beef,
lamb, and pork.
‘‘(3) FARM-RAISED FISH.—The term ‘farm-raised
fish’ includes—
‘‘(A) farm-raised shellfish; and
‘‘(B) fillets, steaks, nuggets, and any other
flesh from a farm-raised fish or shellfish.
‘‘(4) FOOD SERVICE ESTABLISHMENT.—The term
‘food service establishment’ means a restaurant, cafe-
teria, lunch room, food stand, saloon, tavern, bar,
lounge, or other similar facility operated as an enter-
prise engaged in the business of selling food to the
public.
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‘‘(5) LAMB.—The term ‘lamb’ means meat, other
than mutton, produced from sheep.
‘‘(6) PERISHABLE
AGRICULTURAL
COMMODITY;
RETAILER.—The terms ‘perishable agricultural com-
modity’ and ‘retailer’ have the meanings given the
terms in section 1(b) of the Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. 499a(b)).
‘‘(7) PORK.—The term ‘pork’ means meat pro-
duced from hogs.
‘‘(8) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture, acting through the Agri-
cultural Marketing Service.
‘‘(9) WILD FISH.—
‘‘(A) IN
GENERAL.—The term ‘wild fish’
means naturally-born or hatchery-raised fish
and shellfish harvested in the wild.
‘‘(B) INCLUSIONS.—The term ‘wild fish’ in-
cludes a fillet, steak, nugget, and any other flesh
from wild fish or shellfish.
‘‘(C) EXCLUSIONS.—The term ‘wild fish’ ex-
cludes net-pen aquacultural or other farm-raised
fish.
‘‘SEC. 282. NOTICE OF COUNTRY OF ORIGIN.
‘‘(a) IN GENERAL.—
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‘‘(1) REQUIREMENT.—Except as provided in
subsection (b), a retailer of a covered commodity shall
inform consumers, at the final point of sale of the cov-
ered commodity to consumers, of the country of origin
of the covered commodity.
‘‘(2) UNITED STATES COUNTRY OF ORIGIN.—A
retailer of a covered commodity may designate the
covered commodity as having a United States country
of origin only if the covered commodity—
‘‘(A) in the case of beef, lamb, and pork, is
exclusively from an animal that is exclusively
born, raised, and slaughtered in the United
States;
‘‘(B) in the case of farm-raised fish, is
hatched, raised, harvested, and processed in the
United States;
‘‘(C) in the case of wild fish, is—
‘‘(i) harvested in waters of the United
States, a territory of the United States, or
a State; and
‘‘(ii) processed in the United States, a
territory of the United States, or a State,
including the waters thereof; and
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‘‘(D) in the case of a perishable agricultural
commodities or peanut, is exclusively produced
in the United States.
‘‘(3) WILD FISH AND FARM-RAISED FISH.—The
notice of country of origin for wild fish and farm-
raised fish shall distinguish between wild fish and
farm-raised fish.
‘‘(b) EXEMPTION
FOR FOOD SERVICE ESTABLISH-
MENTS.—Subsection (a) shall not apply to a covered com-
modity if the covered commodity is—
‘‘(1) prepared or served in a food service estab-
lishment; and
‘‘(2)(A) offered for sale or sold at the food service
establishment in normal retail quantities; or
‘‘(B) served to consumers at the food service es-
tablishment.
‘‘(c) METHOD OF NOTIFICATION.—
‘‘(1) IN GENERAL.—The information required by
subsection (a) may be provided to consumers by
means of a label, stamp, mark, placard, or other clear
and visible sign on the covered commodity or on the
package, display, holding unit, or bin containing the
commodity at the final point of sale to consumers.
‘‘(2) LABELED
COMMODITIES.—If the covered
commodity is already individually labeled for retail
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sale regarding country of origin, the retailer shall not
be required to provide any additional information to
comply with this section.
‘‘(d) AUDIT VERIFICATION SYSTEM.—The Secretary
may require that any person that prepares, stores, handles,
or distributes a covered commodity for retail sale maintain
a verifiable recordkeeping audit trail that will permit the
Secretary to ensure compliance with the regulations pro-
mulgated under section 284.
‘‘(e) INFORMATION.—Any person engaged in the busi-
ness of supplying a covered commodity to a retailer shall
provide information to the retailer indicating the country
of origin of the covered commodity.
‘‘(f) CERTIFICATION OF ORIGIN.—
‘‘(1) MANDATORY
IDENTIFICATION.—The Sec-
retary shall not use a mandatory identification sys-
tem to verify the country of origin of a covered com-
modity.
‘‘(2) EXISTING CERTIFICATION PROGRAMS.—To
certify the country of origin of a covered commodity,
the Secretary may use as a model certification pro-
grams in existence on the date of enactment of this
Act, including—
‘‘(A) the carcass grading and certification
system carried out under this Act;
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‘‘(B) the voluntary country of origin beef la-
beling system carried out under this Act;
‘‘(C) voluntary programs established to cer-
tify certain premium beef cuts;
‘‘(D) the origin verification system estab-
lished to carry out the child and adult care food
program established under section 17 of the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1766); or
‘‘(E) the origin verification system estab-
lished to carry out the market access program
under section 203 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5623).
‘‘SEC. 283. ENFORCEMENT.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), section 253 shall apply to a violation of this subtitle.
‘‘(b) WARNINGS.—If the Secretary determines that a
retailer is in violation of section 282, the Secretary shall—
‘‘(1) notify the retailer of the determination of
the Secretary; and
‘‘(2) provide the retailer a 30-day period, begin-
ning on the date on which the retailer receives the no-
tice under paragraph (1) from the Secretary, during
which the retailer may take necessary steps to comply
with section 282.
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‘‘(c) FINES.—If, on completion of the 30-day period
described in subsection (c)(2), the Secretary determines that
the retailer has willfully violated section 282, after pro-
viding notice and an opportunity for a hearing before the
Secretary with respect to the violation, the Secretary may
fine the retailer in an amount determined by the Secretary.
‘‘SEC. 284. REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary may promulgate
such regulations as are necessary to carry out this subtitle.
‘‘(b) PARTNERSHIPS WITH STATES.—In promulgating
the regulations, the Secretary shall, to the maximum extent
practicable, enter into partnerships with States with en-
forcement infrastructure to carry out this subtitle.
‘‘SEC. 285. APPLICATION.
‘‘This subtitle shall apply to the retail sale of a covered
commodity beginning on the date that is 180 days after
the date of the enactment of this subtitle.’’.
SEC. 1002. QUALITY GRADE LABELING OF IMPORTED MEAT
AND MEAT FOOD PRODUCTS.
The Agricultural Marketing Act of 1946 (7 U.S.C.
1621 et seq.) (as amended by section 1001) is amended by
adding at the end the following:
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‘‘Subtitle E—Commodity-Specific
Grading Standards
‘‘SEC. 291. DEFINITION OF SECRETARY.
‘‘In this subtitle, the term ‘Secretary’ means the Sec-
retary of Agriculture.
‘‘SEC. 292. QUALITY GRADE LABELING OF IMPORTED MEAT
AND MEAT FOOD PRODUCTS.
‘‘An imported carcass, part thereof, meat, or meat food
product (as defined by the Secretary) shall not bear a label
that indicates a quality grade issued by the Secretary.
‘‘SEC. 293. REGULATIONS.
‘‘The Secretary shall promulgate such regulations as
are necessary to ensure compliance with, and otherwise
carry out, this subtitle.’’.
Subtitle B—Crop Insurance
SEC. 1011. EQUAL CROP INSURANCE TREATMENT OF POTA-
TOES AND SWEET POTATOES.
Section 508(a)(2) of the Federal Crop Insurance Act
(7 U.S.C. 1508(a)(2)) is amended in the first sentence by
striking ‘‘and potatoes’’ and inserting ‘‘, potatoes, and sweet
potatoes’’.
SEC. 1012. CONTINUOUS COVERAGE.
Section 508(e)(4) of the Federal Crop Insurance Act
(7 U.S.C. 1508(e)(4)) is amended—
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(1) in the paragraph heading, by striking ‘‘TEM-
PORARY PROHIBITION’’ and inserting ‘‘PROHIBITION’’;
and
(2) by striking ‘‘through 2005’’ and inserting
‘‘and subsequent’’.
SEC. 1013. QUALITY LOSS ADJUSTMENT PROCEDURES.
Section 508(m)(3) of the Federal Crop Insurance Act
(7 U.S.C. 1508(m)(3)) is amended—
(1) by striking ‘‘The Corporation’’ and inserting
the following:
‘‘(A) REVIEW.—The Corporation’’; and
(2) by striking ‘‘Based on’’ and inserting the fol-
lowing:
‘‘(B) 
PROCEDURES.—Effective 
beginning
not later than the 2003 reinsurance year, based
on’’.
SEC. 1014. CONSERVATION REQUIREMENTS.
(a) HIGHLY ERODIBLE LAND CONSERVATION.—Sec-
tion 1211(1) of the Food Security Act of 1985 (16 U.S.C.
3811(1)) is amended—
(1) in subparagraph (A), by striking ‘‘produc-
tion flexibility’’;
(2) by redesignating subparagraphs (C) and (D)
as subparagraphs (D) and (E), respectively; and
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(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) an indemnity payment under the Fed-
eral Crop Insurance Act (7 U.S.C. 1501 et
seq.);’’.
(b) WETLAND CONSERVATION.—Section 1221(b) of the
Food Security Act of 1985 (16 U.S.C. 3821(b)) is
amended—
(1) in paragraph (1), by striking ‘‘production
flexibility’’;
(2) by redesignating paragraphs (2) and (3) as
paragraphs (5) and (6), respectively; and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) A farm storage facility loan made under
section 4(h) of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714b(h)).
‘‘(3) A disaster payment.
‘‘(4) An indemnity payment under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.).’’.
(c) CONTROLLED SUBSTANCES PRODUCTION CON-
TROL.—Section 519(b) of the Controlled Substances Act (21
U.S.C. 889(b)) is amended—
(1) in paragraph (1)—
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(A) by striking subparagraph (A) and in-
serting the following:
‘‘(A) contract payments under a contract,
marketing assistance loans, and any type of
price support or payment made available under
the Agricultural Market Transition Act (7
U.S.C. 7201 et seq.), the Commodity Credit Cor-
poration Charter Act (15 U.S.C. 714 et seq.), or
any other Act;’’;
(B) by striking subparagraphs (C) and (D)
and inserting the following:
‘‘(C) an indemnity payment under the Fed-
eral Crop Insurance Act (7 U.S.C. 1501 et seq.);
‘‘(D) a disaster payment; or’’;
(2) in paragraph (2), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(3) during the crop year—
‘‘(A) a payment made pursuant to a con-
tract entered into under the environmental qual-
ity incentives program under chapter 4 of sub-
title D of title XII of the Food Security Act of
1985 (16 U.S.C. 3839aa et seq.);
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‘‘(B) a payment under any other provision
of subtitle D of title XII of that Act (16 U.S.C.
3830 et seq.);
‘‘(C) a payment under section 401 or 402 of
the Agricultural Credit Act of 1978 (16 U.S.C.
2201, 2202); or
‘‘(D) a payment, loan, or other assistance
under section 3 or 8 of the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1003 and
1006a).’’.
Subtitle C—Animal Health
Protection
SEC. 1021. SHORT TITLE.
This subtitle may be cited as the ‘‘Animal Health Pro-
tection Act’’.
SEC. 1022. FINDINGS.
Congress finds that—
(1) the prevention, detection, control, and eradi-
cation of diseases and pests of animals are essential
to protect—
(A) animal health;
(B) the health and welfare of the people of
the United States;
(C) the economic interests of the livestock
and related industries of the United States;
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(D) the environment of the United States;
and
(E) interstate commerce and foreign com-
merce of the United States in animals and other
articles;
(2) animal diseases and pests are primarily
transmitted by animals and articles regulated under
this subtitle;
(3) the health of animals is affected by the meth-
ods by which animals and articles are transported in
interstate commerce and foreign commerce;
(4) the Secretary must continue to conduct re-
search on animal diseases and pests that constitute a
threat to the livestock of the United States; and
(5)(A) all animals and articles regulated under
this subtitle are in or affect interstate commerce or
foreign commerce; and
(B) regulation by the Secretary and cooperation
by the Secretary with foreign countries, States or
other jurisdictions, or persons are necessary—
(i) to prevent and eliminate burdens on
interstate commerce and foreign commerce;
(ii) to regulate effectively interstate com-
merce and foreign commerce; and
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(iii) to protect the agriculture, environment,
economy, and health and welfare of the people of
the United States.
SEC. 1023. DEFINITIONS.
In this subtitle:
(1) ANIMAL.—The term ‘‘animal’’ means any
member of the animal kingdom (except a human).
(2) ARTICLE.—The term ‘‘article’’ means any
pest or disease or any material or tangible object that
could harbor a pest or disease.
(3) DISEASE.—The term ‘‘disease’’ means—
(A) any infectious or noninfectious disease
or condition affecting the health of livestock; or
(B) any condition detrimental to produc-
tion of livestock.
(4) ENTER.—The term ‘‘enter’’ means to move
into the commerce of the United States.
(5) EXPORT.—The term ‘‘export’’ means to move
from a place within the territorial limits of the
United States to a place outside the territorial limits
of the United States.
(6) FACILITY.—The term ‘‘facility’’ means any
structure.
(7) IMPORT.—The term ‘‘import’’ means to move
from a place outside the territorial limits of the
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United States to a place within the territorial limits
of the United States.
(8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b).
(9) INTERSTATE COMMERCE.—The term ‘‘inter-
state commerce’’ means trade, traffic, or other
commerce—
(A) between a place in a State and a place
in another State, or between places within the
same State but through any place outside that
State; or
(B) within the District of Columbia or any
territory or possession of the United States.
(10) LIVESTOCK.—The term ‘‘livestock’’ means
all farm-raised animals.
(11) MEANS OF CONVEYANCE.—The term ‘‘means
of conveyance’’ means any personal property used for
or intended for use for the movement of any other per-
sonal property.
(12) MOVE.—The term ‘‘move’’ means—
(A) to carry, enter, import, mail, ship, or
transport;
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(B) to aid, abet, cause, or induce carrying,
entering, importing, mailing, shipping, or trans-
porting;
(C) to offer to carry, enter, import, mail,
ship, or transport;
(D) to receive in order to carry, enter, im-
port, mail, ship, or transport;
(E) to release into the environment; or
(F) to allow any of the activities described
in this paragraph.
(13) PEST.—The term ‘‘pest’’ means any of the
following that can directly or indirectly injure, cause
damage to, or cause disease in livestock:
(A) A protozoan.
(B) A plant.
(C) A bacteria.
(D) A fungus.
(E) A virus or viroid.
(F) An infectious agent or other pathogen.
(G) An arthropod.
(H) A parasite.
(I) A prion.
(J) A vector.
(K) An animal.
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(L) Any organism similar to or allied with
any of the organisms described in this para-
graph.
(14) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(15) STATE.—The term ‘‘State’’ means any of
the States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, the Commonwealth of
the Northern Mariana Islands, the Virgin Islands of
the United States, or any territory or possession of
the United States.
(16) THIS SUBTITLE.—Except when used in this
section, the term ‘‘this subtitle’’ includes any regula-
tion or order issued by the Secretary under the au-
thority of this subtitle.
(17) 
UNITED
STATES.—The 
term 
‘‘United
States’’ means all of the States.
SEC. 1024. RESTRICTION ON IMPORTATION OR ENTRY.
(a) IN GENERAL.—The Secretary may prohibit or
restrict—
(1) the importation or entry of any animal, arti-
cle, or means of conveyance, or use of any means of
conveyance or facility, if the Secretary determines
that the prohibition or restriction is necessary to pre-
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vent the introduction into or dissemination within
the United States of any pest or disease of livestock;
(2) the further movement of any animal that has
strayed into the United States if the Secretary deter-
mines that the prohibition or restriction is necessary
to prevent the introduction into or dissemination
within the United States of any pest or disease of
livestock; and
(3) the use of any means of conveyance in con-
nection with the importation or entry of livestock if
the Secretary determines that the prohibition or re-
striction is necessary because the means of conveyance
has not been maintained in a clean and sanitary con-
dition or does not have accommodations for the safe
and proper movement of livestock.
(b) REGULATIONS.—The Secretary may promulgate
regulations requiring that any animal imported or entered
be raised or handled under post-importation quarantine
conditions by or under the supervision of the Secretary for
the purpose of determining whether the animal is or may
be affected by any pest or disease of livestock.
(c) DESTRUCTION OR REMOVAL.—
(1) IN GENERAL.—The Secretary may order the
destruction or removal from the United States of—
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(A) any animal, article, or means of con-
veyance that has been imported but has not en-
tered the United States if the Secretary deter-
mines that destruction or removal from the
United States is necessary to prevent the intro-
duction into or dissemination within the United
States of any pest or disease of livestock;
(B) any animal or progeny of any animal,
article, or means of conveyance that has been im-
ported or entered in violation of this subtitle; or
(C) any animal that has strayed into the
United States if the Secretary determines that
destruction or removal from the United States is
necessary to prevent the introduction into or dis-
semination within the United States of any pest
or disease of livestock.
(2) REQUIREMENTS OF OWNERS.—
(A) ORDERS TO DISINFECT.—The Secretary
may require the disinfection of—
(i) a means of conveyance used in con-
nection with the importation of an animal;
(ii) an individual involved in the im-
portation of an animal and personal arti-
cles of the individual; and
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(iii) any article used in the importa-
tion of an animal.
(B) FAILURE TO COMPLY WITH ORDERS.—
If an owner fails to comply with an order of the
Secretary under this section, the Secretary
may—
(i) take remedial action, destroy, or re-
move from the United States the animal or
progeny of any animal, article, or means of
conveyance as authorized under paragraph
(1); and
(ii) recover from the owner the costs of
any care, handling, disposal, or other action
incurred by the Secretary in connection
with the remedial action, destruction, or re-
moval.
SEC. 1025. EXPORTATION.
(a) IN GENERAL.—The Secretary may prohibit or
restrict—
(1) the exportation of any animal, article, or
means of conveyance if the Secretary determines that
the prohibition or restriction is necessary to prevent
the dissemination from or within the United States of
any pest or disease of livestock;
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(2) the exportation of any livestock if the Sec-
retary determines that the livestock is unfit to be
moved;
(3) the use of any means of conveyance or facil-
ity in connection with the exportation of any animal
or article if the Secretary determines that the prohibi-
tion or restriction is necessary to prevent the dissemi-
nation from or within the United States of any pest
or disease of livestock; or
(4) the use of any means of conveyance in con-
nection with the exportation of livestock if the Sec-
retary determines that the prohibition or restriction
is necessary because the means of conveyance has not
been maintained in a clean and sanitary condition or
does not have accommodations for the safe and proper
movement and humane treatment of livestock.
(b) REQUIREMENTS OF OWNERS.—
(1) ORDERS TO DISINFECT.—The Secretary may
require the disinfection of—
(A) a means of conveyance used in connec-
tion with the exportation of an animal;
(B) an individual involved in the expor-
tation of an animal and personal articles of the
individual; and
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(C) any article used in the exportation of
an animal.
(2) FAILURE TO COMPLY WITH ORDERS.—If an
owner fails to comply with an order of the Secretary
under this section, the Secretary may—
(A) take remedial action with respect to the
animal, article, or means of conveyance referred
to in paragraph (1); and
(B) recover from the owner the costs of any
care, handling, disposal, or other action incurred
by the Secretary in connection with the remedial
action.
(c) CERTIFICATION.—The Secretary may certify the
classification, quality, quantity, condition, processing, han-
dling, or storage of any animal or article intended for ex-
port.
SEC. 1026. INTERSTATE MOVEMENT.
The Secretary may prohibit or restrict—
(1) the movement in interstate commerce of any
animal, article, or means of conveyance if the Sec-
retary determines that the prohibition or restriction
is necessary to prevent the introduction or dissemina-
tion of any pest or disease of livestock; and
(2) the use of any means of conveyance or facil-
ity in connection with the movement in interstate
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commerce of any animal or article if the Secretary
determines that the prohibition or restriction is nec-
essary to prevent the introduction or dissemination of
any pest or disease of livestock.
SEC. 1027. SEIZURE, QUARANTINE, AND DISPOSAL.
(a) IN GENERAL.—The Secretary may hold, seize,
quarantine, treat, destroy, dispose of, or take other remedial
action with respect to—
(1) any animal or progeny of any animal, arti-
cle, or means of conveyance that—
(A) is moving or has been moved in inter-
state commerce or has been imported and en-
tered; and
(B) the Secretary has reason to believe may
carry, may have carried, or may have been af-
fected with or exposed to any pest or disease of
livestock at the time of movement or that is oth-
erwise in violation of this subtitle;
(2) any animal or progeny of any animal, arti-
cle, or means of conveyance that is moving or is being
handled, or has moved or has been handled, in inter-
state commerce in violation of this subtitle;
(3) any animal or progeny of any animal, arti-
cle, or means of conveyance that has been imported,
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and is moving or is being handled or has moved or
has been handled, in violation of this subtitle; or
(4) any animal or progeny of any animal, arti-
cle, or means of conveyance that the Secretary finds
is not being maintained, or has not been maintained,
in accordance with any post-importation quarantine,
post-importation condition, post-movement quar-
antine, or post-movement condition in accordance
with this subtitle.
(b) EXTRAORDINARY EMERGENCIES.—
(1) IN GENERAL.—Subject to paragraph (2), if
the Secretary determines that an extraordinary emer-
gency exists because of the presence in the United
States of a pest or disease of livestock and that the
presence of the pest or disease threatens the livestock
of the United States, the Secretary may—
(A) hold, seize, treat, apply other remedial
actions 
to, 
destroy 
(including 
preventative
slaughter), or otherwise dispose of, any animal,
article, facility, or means of conveyance if the
Secretary determines the action is necessary to
prevent the dissemination of the pest or disease;
and
(B) prohibit or restrict the movement or use
within a State, or any portion of a State of any
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animal or article, means of conveyance, or facil-
ity if the Secretary determines that the prohibi-
tion or restriction is necessary to prevent the dis-
semination of the pest or disease.
(2) STATE ACTION.—
(A) IN GENERAL.—The Secretary may take
action in a State under this subsection only on
finding that measures being taken by the State
are inadequate to control or eradicate the pest or
disease, after review and consultation with—
‘‘(i) the Governor or an appropriate
animal health official of the State; or
‘‘(ii) in the case of any animal, article,
facility, or means of conveyance under the
jurisdiction of an Indian tribe, the head of
the Indian tribe.
(B) NOTICE.—Subject to subparagraph (C),
before any action is taken in a State under sub-
paragraph (A), the Secretary shall—
(i) notify the Governor, an appropriate
animal health official of the State, or head
of the Indian tribe of the proposed action;
(ii) issue a public announcement of the
proposed action; and
(iii) publish in the Federal Register—
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(I) the findings of the Secretary;
(II) a description of the proposed
action; and
(III) a statement of the reasons
for the proposed action.
(C) NOTICE AFTER ACTION.—If it is not
practicable to publish in the Federal Register the
information 
required 
under 
subparagraph
(B)(iii) before taking action under subparagraph
(A), the Secretary shall publish the information
as soon as practicable, but not later than 10
business days, after commencement of the action.
(c) QUARANTINE, DISPOSAL, OR OTHER REMEDIAL
ACTION.—
(1) IN
GENERAL.—The Secretary, in writing,
may order the owner of any animal, article, facility,
or means of conveyance referred to in subsection (a)
or (b) to maintain in quarantine, dispose of, or take
other remedial action with respect to the animal, arti-
cle, facility, or means of conveyance, in a manner de-
termined by the Secretary.
(2) FAILURE TO COMPLY WITH ORDERS.—If the
owner fails to comply with the order of the Secretary,
the Secretary may—
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(A) seize, quarantine, dispose of, or take
other remedial action with respect to the animal,
article, facility, or means of conveyance under
subsection (a) or (b); and
(B) recover from the owner the costs of any
care, handling, disposal, or other remedial action
incurred by the Secretary in connection with the
seizure, quarantine, disposal, or other remedial
action.
(d) COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall compensate the owner
of any animal, article, facility, or means of convey-
ance that the Secretary requires to be destroyed under
this section.
(2) AMOUNT.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the compensation shall be
based on the fair market value, as determined by
the Secretary, of the destroyed animal, article,
facility, or means of conveyance.
(B) LIMITATION.—Compensation paid any
owner under this subsection shall not exceed the
difference between—
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(i) the fair market value of the de-
stroyed animal, article, facility, or means of
conveyance; and
(ii) any compensation received by the
owner from a State or other source for the
destroyed animal, article, facility, or means
of conveyance.
(C) REVIEWABILITY OF DETERMINATION.—
The determination by the Secretary of the
amount to be paid under this subsection shall be
final and not subject to judicial review.
(3) EXCEPTIONS.—No payment shall be made by
the Secretary under this subsection for—
(A) any animal, article, facility, or means
of conveyance that has been moved or handled by
the owner in violation of an agreement for the
control and eradication of diseases or pests or in
violation of this subtitle;
(B) any progeny of any animal or article,
which animal or article has been moved or han-
dled by the owner of the animal or article in vio-
lation of this subtitle;
(C) any animal, article, or means of con-
veyance that is refused entry under this subtitle;
or
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(D) any animal, article, facility, or means
of conveyance that becomes or has become af-
fected with or exposed to any pest or disease of
livestock because of a violation of an agreement
for the control and eradication of diseases or
pests or a violation of this subtitle by the owner.
SEC. 1028. INSPECTIONS, SEIZURES, AND WARRANTS.
(a) GUIDELINES.—The activities authorized by this
section shall be carried out consistent with guidelines ap-
proved by the Attorney General.
(b) WARRANTLESS INSPECTIONS.—The Secretary may
stop and inspect, without a warrant, any person or means
of conveyance moving—
(1) into the United States, to determine whether
the person or means of conveyance is carrying any
animal or article regulated under this subtitle;
(2) in interstate commerce, on probable cause to
believe that the person or means of conveyance is car-
rying any animal or article regulated under this sub-
title; or
(3) in intrastate commerce from any State, or
any portion of a State, quarantined under section
1027(b), on probable cause to believe that the person
or means of conveyance is carrying any animal or
article quarantined under section 1027(b).
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(c) INSPECTIONS WITH WARRANTS.—
(1) IN
GENERAL.—The Secretary may enter,
with a warrant, any premises in the United States
for the purpose of making inspections and seizures
under this subtitle.
(2) APPLICATION
AND
ISSUANCE
OF
WAR-
RANTS.—
(A) IN GENERAL.—On proper oath or affir-
mation showing probable cause to believe that
there is on certain premises any animal, article,
facility, or means of conveyance regulated under
this subtitle, a United States judge, a judge of a
court of record in the United States, or a United
States magistrate judge may issue a warrant for
the entry on premises within the jurisdiction of
the judge or magistrate to make any inspection
or seizure under this subtitle.
(B) EXECUTION.—The warrant may be ap-
plied for and executed by the Secretary or any
United States marshal.
SEC. 1029. DETECTION, CONTROL, AND ERADICATION OF
DISEASES AND PESTS.
(a) IN GENERAL.—The Secretary may carry out oper-
ations and measures to detect, control, or eradicate any pest
or disease of livestock (including the drawing of blood and
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diagnostic testing of animals), including animals at a
slaughterhouse, stockyard, or other point of concentration.
(b) COMPENSATION.—The Secretary may pay a claim
arising out of the destruction of any animal, article, or
means of conveyance consistent with the purposes of this
subtitle.
SEC. 1030. VETERINARY ACCREDITATION PROGRAM.
(a) IN GENERAL.—The Secretary may establish a vet-
erinary accreditation program that is consistent with this
subtitle, including the establishment of standards of conduct
for accredited veterinarians.
(b) CONSULTATION.—The Secretary shall consult with
State animal health officials regarding the establishment of
the veterinary accreditation program.
SEC. 1031. COOPERATION.
(a) IN GENERAL.—To carry out this subtitle, the Sec-
retary may cooperate with other Federal agencies, States
or political subdivisions of States, national governments of
foreign countries, local governments of foreign countries, do-
mestic or international organizations, domestic or inter-
national associations, Indian tribes, and other persons.
(b) RESPONSIBILITY.—The person or other entity co-
operating with the Secretary shall be responsible for the au-
thority necessary to carry out operations or measures—
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(1) on all land and property within a foreign
country or State, or under the jurisdiction of an In-
dian tribe, other than on land and property owned or
controlled by the United States; and
(2) using other facilities and means, as deter-
mined by the Secretary.
(c) SCREWWORMS.—
(1) IN GENERAL.—The Secretary may, independ-
ently or in cooperation with national governments of
foreign countries or international organizations or as-
sociations, produce and sell sterile screwworms to any
national government of a foreign country or inter-
national organization or association, if the Secretary
determines that the livestock industry and related in-
dustries of the United States will not be adversely af-
fected by the production and sale.
(2) PROCEEDS.—
(A) 
INDEPENDENT
PRODUCTION
AND
SALE.—If the Secretary independently produces
and sells sterile screwworms under paragraph
(1), the proceeds of the sale shall be—
(i) deposited into the Treasury of the
United States; and
(ii) credited to the account from which
the operating expenses of the facility pro-
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ducing the sterile screwworms have been
paid.
(B) 
COOPERATIVE
PRODUCTION
AND
SALE.—
(i) IN GENERAL.—If the Secretary co-
operates 
to 
produce 
and 
sell 
sterile
screwworms under paragraph (1), the pro-
ceeds of the sale shall be divided between the
United States and the cooperating national
government or international organization
or association in a manner determined by
the Secretary.
(ii) ACCOUNT.—The United States por-
tion of the proceeds shall be—
(I) deposited into the Treasury of
the United States; and
(II) credited to the account from
which the operating expenses of the fa-
cility producing the sterile screwworms
have been paid.
(d) COOPERATION IN PROGRAM ADMINISTRATION.—
The Secretary may cooperate with State authorities, Indian
tribe authorities, or other persons in the administration of
regulations for the improvement of livestock and livestock
products.
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(e) CONSULTATION WITH OTHER FEDERAL AGEN-
CIES.—
(1) IN GENERAL.—The Secretary shall consult
with the head of a Federal agency with respect to any
activity that is under the jurisdiction of the Federal
agency.
(2) LEAD
AGENCY.—The Department of Agri-
culture shall be the lead agency with respect to issues
related to pests and diseases of livestock.
SEC. 1032. REIMBURSABLE AGREEMENTS.
(a) AUTHORITY TO ENTER INTO AGREEMENTS.—The
Secretary may enter into reimbursable fee agreements with
persons for preclearance of animals or articles at locations
outside the United States for movement into the United
States.
(b) FUNDS COLLECTED FOR PRECLEARANCE.—Funds
collected for preclearance activities shall—
(1) be credited to accounts that may be estab-
lished by the Secretary for carrying out this section;
and
(2) remain available until expended for the
preclearance activities, without fiscal year limitation.
(c) PAYMENT OF EMPLOYEES.—
(1) IN
GENERAL.—Notwithstanding any other
law, the Secretary may pay an officer or employee of
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the Department of Agriculture performing services
under this subtitle relating to imports into and ex-
ports from the United States for all overtime, night,
or holiday work performed by the officer or employee
at a rate of pay determined by the Secretary.
(2) REIMBURSEMENT.—
(A) IN GENERAL.—The Secretary may re-
quire a person for whom the services are per-
formed to reimburse the Secretary for any ex-
penses paid by the Secretary for the services
under this subsection.
(B) USE
OF
FUNDS.—All funds collected
under this subsection shall—
(i) be credited to the account that in-
curs the costs; and
(ii) remain available until expended,
without fiscal year limitation.
(d) LATE PAYMENT PENALTIES.—
(1) COLLECTION.—On failure by a person to re-
imburse the Secretary in accordance with this section,
the Secretary may assess a late payment penalty
against the person, including interest on overdue
funds, as required by section 3717 of title 31, United
States Code.
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(2) USE OF FUNDS.—Any late payment penalty
and any accrued interest shall—
(A) be credited to the account that incurs
the costs; and
(B) remain available until expended, with-
out fiscal year limitation.
SEC. 1033. ADMINISTRATION AND CLAIMS.
(a) ADMINISTRATION.—To carry out this subtitle, the
Secretary may—
(1) acquire and maintain real or personal prop-
erty;
(2) employ a person;
(3) make a grant; and
(4) notwithstanding chapter 63 of title 31,
United States Code, enter into a contract, cooperative
agreement, memorandum of understanding, or other
agreement.
(b) TORT CLAIMS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may pay a tort claim, in the
manner authorized by the first paragraph of section
2672 of title 28, United States Code, if the claim
arises outside the United States in connection with
an activity authorized under this subtitle.
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(2) REQUIREMENTS.—A claim may not be al-
lowed under this subsection unless the claim is pre-
sented in writing to the Secretary not later than 2
years after the date on which the claim arises.
SEC. 1034. PENALTIES.
(a) CRIMINAL PENALTIES.—Any person that know-
ingly violates this subtitle, or that knowingly forges, coun-
terfeits, or, without authority from the Secretary, uses, al-
ters, defaces, or destroys any certificate, permit, or other
document provided under this subtitle shall be guilty of a
misdemeanor, and, on conviction, shall be fined in accord-
ance with title 18, United States Code, imprisoned not more
than 1 year, or both.
(b) CIVIL PENALTIES.—
(1) IN GENERAL.—Any person that violates this
subtitle, or that forges, counterfeits, or, without au-
thority from the Secretary, uses, alters, defaces, or de-
stroys any certificate, permit, or other document pro-
vided under this subtitle may, after notice and oppor-
tunity for a hearing on the record, be assessed a civil
penalty by the Secretary that does not exceed the
greater of—
(A)(i) $50,000 in the case of any indi-
vidual, except that the civil penalty may not ex-
ceed $1,000 in the case of an initial violation of
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this subtitle by an individual moving regulated
articles not for monetary gain;
(ii) $250,000 in the case of any other per-
son for each violation; and
(iii) $500,000 for all violations adjudicated
in a single proceeding; or
(B) twice the gross gain or gross loss for
any violation or forgery, counterfeiting, or unau-
thorized use, alteration, defacing or destruction
of a certificate, permit, or other document pro-
vided under this subtitle that results in the per-
son’s deriving pecuniary gain or causing pecu-
niary loss to another person.
(2) FACTORS IN DETERMINING CIVIL PENALTY.—
In determining the amount of a civil penalty, the
Secretary shall take into account the nature, cir-
cumstance, extent, and gravity of the violation or vio-
lations and the Secretary may consider, with respect
to the violator—
(A) the ability to pay;
(B) the effect on ability to continue to do
business;
(C) any history of prior violations;
(D) the degree of culpability; and
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(E) such other factors as the Secretary con-
siders to be appropriate.
(3) SETTLEMENT
OF
CIVIL
PENALTIES.—The
Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that may be as-
sessed under this subsection.
(4) FINALITY OF ORDERS.—
(A) FINAL ORDER.—The order of the Sec-
retary assessing a civil penalty shall be treated
as a final order reviewable under chapter 158 of
title 28, United States Code.
(B) REVIEW.—The validity of the order of
the Secretary may not be reviewed in an action
to collect the civil penalty.
(C) INTEREST.—Any civil penalty not paid
in full when due under an order assessing the
civil penalty shall thereafter accrue interest until
paid at the rate of interest applicable to civil
judgments of the courts of the United States.
(c) SUSPENSION
OR REVOCATION
OF ACCREDITA-
TION.—
(1) IN GENERAL.—The Secretary may, after no-
tice and opportunity for a hearing on the record, sus-
pend or revoke the accreditation of any veterinarian
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accredited under this subtitle that violates this sub-
title.
(2) FINAL ORDER.—The order of the Secretary
suspending or revoking accreditation shall be treated
as a final order reviewable under chapter 158 of title
28, United States Code.
(3) SUMMARY SUSPENSION.—
(A) IN GENERAL.—Notwithstanding para-
graph (1), the Secretary may summarily sus-
pend the accreditation of a veterinarian who the
Secretary has reason to believe has violated this
subtitle.
(B) HEARINGS.—The Secretary shall pro-
vide the accredited veterinarian with a subse-
quent notice and an opportunity for a prompt
post-suspension hearing on the record.
(d) LIABILITY FOR ACTS OF AGENTS.—In the con-
struction and enforcement of this subtitle, the act, omission,
or failure of any officer, agent, or person acting for or em-
ployed by any other person within the scope of the employ-
ment or office of the officer, agent, or person, shall be
deemed also to be the act, omission, or failure of the other
person.
(e) GUIDELINES
FOR CIVIL PENALTIES.—The Sec-
retary shall coordinate with the Attorney General to estab-
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lish guidelines to determine under what circumstances the
Secretary may issue a civil penalty or suitable notice of
warning in lieu of prosecution by the Attorney General of
a violation of this subtitle.
SEC. 1035. ENFORCEMENT.
(a) COLLECTION OF INFORMATION.—
(1) IN
GENERAL.—The Secretary may gather
and compile information and conduct any inspection
or investigation that the Secretary considers to be
necessary for the administration or enforcement of
this subtitle.
(2) SUBPOENAS.—
(A) IN GENERAL.—The Secretary shall have
power to issue a subpoena to compel the attend-
ance and testimony of any witness and the pro-
duction of any documentary evidence relating to
the administration or enforcement of this subtitle
or any matter under investigation in connection
with this subtitle.
(B) LOCATION
OF
PRODUCTION.—The at-
tendance of any witness and production of docu-
mentary evidence relevant to the inquiry may be
required from any place in the United States.
(C) ENFORCEMENT.—
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(i) IN
GENERAL.—In case of disobe-
dience to a subpoena by any person, the
Secretary may request the Attorney General
to invoke the aid of any court of the United
States within the jurisdiction in which the
investigation is conducted, or where the per-
son resides, is found, transacts business, is
licensed to do business, or is incorporated,
to require the attendance and testimony of
any witness and the production of documen-
tary evidence.
(ii) NONCOMPLIANCE.—In case of a re-
fusal to obey a subpoena issued to any per-
son, a court may order the person to appear
before the Secretary and give evidence con-
cerning the matter in question or to produce
documentary evidence.
(iii) CONTEMPT.—Any failure to obey
the order of the court may be punished by
the court as contempt of the court.
(D) COMPENSATION.—
(i) WITNESSES.—A witness summoned
by the Secretary under this subtitle shall be
paid the same fees and mileage that are
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paid to a witness in a court of the United
States.
(ii) DEPOSITIONS.—A witness whose
deposition is taken, and the person taking
the deposition, shall be entitled to the same
fees that are paid for similar services in a
court of the United States.
(E) PROCEDURES.—
(i) PUBLICATION.—The Secretary shall
publish procedures for the issuance of sub-
poenas under this section.
(ii) REVIEW.—The procedures shall in-
clude a requirement that subpoenas be re-
viewed for legal sufficiency and, to be effec-
tive, be signed by the Secretary.
(iii) DELEGATION.—If the authority to
sign a subpoena is delegated to an agency
other than the Office of Administrative Law
Judges, the agency receiving the delegation
shall seek review of the subpoena for legal
sufficiency outside that agency.
(b) AUTHORITY OF ATTORNEY GENERAL.—The Attor-
ney General may—
(1) prosecute, in the name of the United States,
all criminal violations of this subtitle that are re-
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ferred to the Attorney General by the Secretary or are
brought to the notice of the Attorney General by any
person;
(2) bring an action to enjoin the violation of or
to compel compliance with this subtitle, or to enjoin
any interference by any person with the Secretary in
carrying out this subtitle, in any case in which the
Secretary has reason to believe that the person has
violated, or is about to violate this subtitle or has
interfered, or is about to interfere, with the actions of
the Secretary; or
(3) bring an action for the recovery of any un-
paid civil penalty, funds under a reimbursable agree-
ment, late payment penalty, or interest assessed
under this subtitle.
(c) COURT JURISDICTION.—
(1) IN
GENERAL.—The United States district
courts, the District Court of Guam, the District Court
of the Northern Mariana Islands, the District Court
of the Virgin Islands, the highest court of American
Samoa, and the United States courts of the other ter-
ritories and possessions are vested with jurisdiction
in all cases arising under this subtitle.
(2) VENUE.—Any action arising under this sub-
title may be brought, and process may be served, in
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the judicial district where a violation or interference
occurred or is about to occur, or where the person
charged with the violation, interference, impending
violation, impending interference, or failure to pay
resides, is found, transacts business, is licensed to do
business, or is incorporated.
(3) EXCEPTION.—Paragraphs (1) and (2) do not
apply to subsections (b) and (c) of section 1034.
SEC. 1036. REGULATIONS AND ORDERS.
The Secretary may promulgate such regulations, and
issue such orders, as the Secretary determines necessary to
carry out this subtitle.
SEC. 1037. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to carry out this sub-
title.
(b) TRANSFER OF FUNDS.—
(1) IN GENERAL.—In connection with an emer-
gency under which a pest or disease of livestock
threatens any segment of agricultural production in
the United States, the Secretary may transfer from
other appropriations or funds available to the agen-
cies or corporations of the Department of Agriculture
such funds as the Secretary determines are necessary
for the arrest, control, eradication, or prevention of
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the spread of the pest or disease of livestock and for
related expenses.
(2) AVAILABILITY.—Any funds transferred under
this subsection shall remain available until expended,
without fiscal year limitation.
(c) USE OF FUNDS.—In carrying out this subtitle, the
Secretary may use funds made available to carry out this
subtitle for—
(1) printing and binding, without regard to sec-
tion 501 of title 44, United States Code;
(2) the employment of civilian nationals in for-
eign countries; and
(3) the construction and operation of research
laboratories, quarantine stations, and other buildings
and facilities for special purposes.
SEC. 1038. REPEALS AND CONFORMING AMENDMENTS.
(a) REPEALS.—The following provisions of law are re-
pealed:
(1) Public Law 97–46 (7 U.S.C. 147b).
(2) Section 101(b) of the Act of September 21,
1944 (7 U.S.C. 429).
(3) The Act of August 28, 1950 (7 U.S.C. 2260).
(4) Section 919 of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 2260a).
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(5) Section 306 of the Tariff Act of 1930 (19
U.S.C. 1306).
(6) Sections 6 through 8 and 10 of the Act of Au-
gust 30, 1890 (21 U.S.C. 102 through 105).
(7) The Act of February 2, 1903 (21 U.S.C. 111,
120 through 122).
(8) Sections 2 through 9, 11, and 13 of the Act
of May 29, 1884 (21 U.S.C. 112, 113, 114, 114a,
114a–1, 115 through 120, 130).
(9) The first section and sections 2, 3, and 5 of
the Act of February 28, 1947 (21 U.S.C. 114b, 114c,
114d, 114d–1).
(10) The Act of June 16, 1948 (21 U.S.C. 114e,
114f).
(11) Public Law 87–209 (21 U.S.C. 114g, 114h).
(12) Section 2506 of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (21 U.S.C. 114i).
(13) The third and fourth provisos of the fourth
paragraph under the heading ‘‘BUREAU OF ANIMAL
INDUSTRY’’ of the Act of May 31, 1920 (21 U.S.C.
116).
(14) The first section and sections 2, 3, 4, and
6 of the Act of March 3, 1905 (21 U.S.C. 123 through
127).
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(15) The first proviso under the heading ‘‘GEN-
ERAL
EXPENSES, BUREAU
OF ANIMAL INDUSTRY’’
under the heading ‘‘BUREAU OF ANIMAL INDUS-
TRY’’ of the Act of June 30, 1914 (21 U.S.C. 128).
(16) The fourth proviso under the heading ‘‘SAL-
ARIES AND EXPENSES’’ under the heading ‘‘ANIMAL
AND PLANT HEALTH INSPECTION SERVICE’’ of title I
of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appro-
priations Act, 2001 (21 U.S.C. 129).
(17) The third paragraph under the heading
‘‘MISCELLANEOUS’’ of the Act of May 26, 1910 (21
U.S.C. 131).
(18) The first section and sections 2 through 6
and 11 through 13 of Public Law 87–518 (21 U.S.C.
134 through 134h).
(19) Public Law 91–239 (21 U.S.C. 135 through
135b).
(20) Sections 12 through 14 of the Federal Meat
Inspection Act (21 U.S.C. 612 through 614).
(21) Chapter 39 of title 46, United States Code.
(b) CONFORMING AMENDMENTS.—
(1) Section 414(b) of the Plant Protection Act (7
U.S.C. 7714(b)) is amended—
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(A) in paragraph (1), by striking ‘‘, or the
owner’s agent,’’; and
(B) in paragraph (2), by striking ‘‘or agent
of the owner’’ each place it appears.
(2) Section 423 of the Plant Protection Act (7
U.S.C. 7733) is amended—
(A) by striking subsection (b) and inserting
the following:
‘‘(b) LOCATION OF PRODUCTION.—The attendance of
any witness and production of documentary evidence rel-
evant to the inquiry may be required from any place in
the United States.’’;
(B) in the third sentence of subsection (e),
by inserting ‘‘to an agency other than the Office
of Administrative Law Judges’’ after ‘‘is dele-
gated’’; and
(C) by striking subsection (f).
(3) Section 11(h) of the Endangered Species Act
of 1973 (16 U.S.C. 1540(h)) is amended in the first
sentence by striking ‘‘animal quarantine laws (21
U.S.C. 101–105, 111–135b, and 612–614)’’ and in-
serting ‘‘animal quarantine laws (as defined in sec-
tion 2509(f) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (21 U.S.C. 136a(f))’’.
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(4) Section 18 of the Federal Meat Inspection
Act (21 U.S.C. 618) is amended by striking ‘‘of the
cattle’’ and all that follows through ‘‘as herein de-
scribed’’ and inserting ‘‘of the carcasses and products
of cattle, sheep, swine, goats, horses, mules, and other
equines’’.
(5) Section 2509 of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (21 U.S.C. 136a) is
amended—
(A) in subsection (c), by inserting after
paragraph (1) the following:
‘‘(2) VETERINARY DIAGNOSTICS.—The Secretary
may prescribe and collect fees to recover the costs of
carrying out the provisions of the Animal Health
Protection Act that relate to veterinary diagnostics.’’;
and
(B) in subsection (f)(1), by striking sub-
paragraphs (B) through (O) and inserting the
following:
‘‘(B) section 9 of the Act of August 30, 1890
(21 U.S.C. 101);
‘‘(C) the Animal Health Protection Act; or
‘‘(D) any other Act administered by the
Secretary relating to plant or animal diseases or
pests.’’.
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(c) EFFECT ON REGULATIONS.—A regulation issued
under a provision of law repealed by subsection (a) shall
remain in effect until the Secretary issues a regulation
under section 1036 that supersedes the earlier regulation.
Subtitle D—General Provisions
SEC. 1041. FEES FOR PESTICIDES.
(a) MAINTENANCE FEE.—
(1) 
AMOUNTS
FOR
REGISTRANTS.—Section
4(i)(5) of the Federal Insecticide, Fungicide, and
Rodenticide 
Act 
(7 
U.S.C. 
136a–1(i)(5)) 
is
amended—
(A) in subparagraph (A), by striking ‘‘each
year’’ and all that follows and inserting ‘‘each
year $2,300 for each registration’’;
(B) in subparagraph (D)—
(i) in clause (i), by striking ‘‘$55,000’’
and inserting ‘‘$70,000’’; and
(ii) 
in 
clause 
(ii), 
by 
striking
‘‘$95,000’’ and inserting ‘‘$120,000’’; and
(C) in subparagraph (E)(i)—
(i) 
in 
subclause 
(I) 
by 
striking
‘‘$38,500’’ and inserting ‘‘$46,000’’; and
(ii) in subclause (II), by striking
‘‘$66,500’’ and inserting ‘‘$80,000’’.
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(2) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C)
of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136(a)–1(i)(5)(C)) is amended—
(A) by striking ‘‘(C)(i) The’’ and inserting
the following:
‘‘(C) TOTAL AMOUNT OF FEES.—The’’;
(B) by striking ‘‘$14,000,000 each fiscal
year’’ and inserting ‘‘$20,000,000 for the period
beginning on January 1, 2002, and ending on
February 28, 2002’’; and
(C) by striking clause (ii).
(3) DEFINITION OF SMALL BUSINESS.—Section
4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a–1(i)(5)(E)(ii)) is
amended—
(A) in subclause (I), by striking ‘‘150’’ and
inserting ‘‘500’’; and
(B) in subclause (II), by striking ‘‘gross rev-
enue from chemicals that did not exceed
$40,000,000’’ and inserting ‘‘global gross revenue
from pesticides that did not exceed $60,000,000’’.
(4) PERIOD OF EFFECTIVENESS.—Section 4(i)(5)
of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a–1(i)(5)) is amended by striking
subparagraph (H) and inserting the following:
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‘‘(H) PERIOD
OF
EFFECTIVENESS.—This
paragraph shall be in effect during the period be-
ginning on January 1, 2002, and ending on
February 28, 2002.’’.
(b) OTHER FEES.—Section 4(i)(6) of the Federal In-
secticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–
1(i)(6)) is amended by striking ‘‘the date of the enactment
of this section and ending on September 30, 2001’’ and in-
serting ‘‘January 1, 2002, and ending on February 28,
2002’’.
(c) EXPEDITED PROCESSING OF SIMILAR APPLICA-
TIONS.—Section 4(k)(3) of the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136a–1(k)(3)) is
amended—
(1) in the paragraph heading, by striking ‘‘EX-
PEDITED’’ and inserting ‘‘REVIEW OF INERT INGREDI-
ENTS; EXPEDITED’’; and
(2) in subparagraph (A)—
(A) by striking ‘‘each of the’’ and all that
follows through ‘‘such fiscal year’’ and inserting
‘‘the period beginning on January 1, 2002, and
ending on February 28, 2002, 1⁄7 of the mainte-
nance fees collected during the period’’;
(B) by redesignating clauses (i), (ii), and
(iii) as subclauses (I), (II), and (III), respec-
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tively, and adjusting the margins appropriately;
and
(C) by striking ‘‘assure the expedited proc-
essing and review of any applicant that’’ and in-
serting the following:
‘‘(i) review and evaluate inert ingredi-
ents; and
‘‘(ii) ensure the expedited processing
and review of any application that—’’.
(d) PESTICIDE TOLERANCE PROCESSING FEES.—Sec-
tion 408(m)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 346a(m)(1)) is amended—
(1) by striking ‘‘The Administrator’’ and insert-
ing the following:
‘‘(A) IN GENERAL.—The Administrator’’;
(2) by striking ‘‘Under the regulations’’ and in-
serting the following:
‘‘(B) INCLUSIONS.—Under the regulations’’;
(3) by redesignating subparagraphs (A), (B),
(C), and (D) as clauses (i), (ii), (iii), and (iv), re-
spectively, and adjusting the margins appropriately;
(4) by striking ‘‘The regulations may’’ and in-
serting the following:
‘‘(C) WAIVER; REFUND.—The regulations
may’’; and
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(5) by adding at the end the following:
‘‘(D) ANNUAL ADJUSTMENT OF FEES.—The
Administrator may annually promulgate regula-
tions to implement changes in the amounts in
the schedule of pesticide tolerance processing fees
in effect on the date of enactment of this sub-
paragraph by the same percentage as the annual
adjustment to the Federal General Schedule pay
scale under section 5303 of title 5, United States
Code.
‘‘(E) PERIOD
OF
EFFECTIVENESS.—This
paragraph shall be in effect during the period be-
ginning on January 1, 2002, and ending on
February 28, 2002.’’.
SEC. 1042. PEST MANAGEMENT IN SCHOOLS.
(a) SHORT TITLE.—This section may be cited as the
‘‘School Environment Protection Act of 2002’’.
(b) PEST MANAGEMENT.—The Federal Insecticide,
Fungicide, and Rodenticide Act is amended—
(1) by redesignating sections 33 and 34 (7
U.S.C. 136x, 136y) as sections 34 and 35, respec-
tively; and
(2) by inserting after section 32 (7 U.S.C. 136w–
7) the following:
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‘‘SEC. 33. PEST MANAGEMENT IN SCHOOLS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BAIT.—The term ‘bait’ means a pesticide
that contains an ingredient that serves as a feeding
stimulant, odor, pheromone, or other attractant for a
target pest.
‘‘(2) CONTACT PERSON.—The term ‘contact per-
son’ means an individual who is—
‘‘(A) knowledgeable about school pest man-
agement plans; and
‘‘(B) designated by a local educational
agency to carry out implementation of the school
pest management plan of a school.
‘‘(3) EMERGENCY.—The term ‘emergency’ means
an urgent need to mitigate or eliminate a pest that
threatens the health or safety of a student or staff
member.
‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ has the meaning given the
term in section 3 of the Elementary and Secondary
Education Act of 1965.
‘‘(5) SCHOOL.—
‘‘(A) IN GENERAL.—The term ‘school’ means
a public—
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‘‘(i) elementary school (as defined in
section 3 of the Elementary and Secondary
Education Act of 1965);
‘‘(ii) secondary school (as defined in
section 3 of that Act);
‘‘(iii) kindergarten or nursery school
that is part of an elementary school or sec-
ondary school; or
‘‘(iv) tribally-funded school.
‘‘(B) INCLUSIONS.—The term ‘school’ in-
cludes any school building, and any area outside
of a school building (including a lawn, play-
ground, sports field, and any other property or
facility), that is controlled, managed, or owned
by the school or school district.
‘‘(6) SCHOOL
PEST
MANAGEMENT
PLAN.—The
term ‘school pest management plan’ means a pest
management plan developed under subsection (b).
‘‘(7) STAFF MEMBER.—
‘‘(A) IN GENERAL.—The term ‘staff member’
means a person employed at a school or local
educational agency.
‘‘(B) EXCLUSIONS.—The term ‘staff mem-
ber’ does not include—
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‘‘(i) a person hired by a school, local
educational agency, or State to apply a pes-
ticide; or
‘‘(ii) a person assisting in the applica-
tion of a pesticide.
‘‘(8) STATE AGENCY.—The term ‘State agency’
means the an agency of a State, or an agency of an
Indian tribe or tribal organization (as those terms
are defined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450b)),
that exercises primary jurisdiction over matters relat-
ing to pesticide regulation.
‘‘(9) UNIVERSAL NOTIFICATION.—The term ‘uni-
versal notification’ means notice provided by a local
educational agency or school to—
‘‘(A) parents, legal guardians, or other per-
sons with legal standing as parents of each child
attending the school; and
‘‘(B) staff members of the school.
‘‘(b) SCHOOL PEST MANAGEMENT PLANS.—
‘‘(1) STATE PLANS.—
‘‘(A) GUIDANCE.—As soon as practicable
(but not later than 180 days) after the date of
enactment of the School Environment Protection
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Act of 2002, the Administrator shall develop, in
accordance with this section—
‘‘(i) guidance for a school pest manage-
ment plan; and
‘‘(ii) a sample school pest management
plan.
‘‘(B) PLAN.—As soon as practicable (but
not later than 1 year) after the date of enact-
ment of the School Environment Protection Act
of 2002, each State agency shall develop and sub-
mit to the Administrator for approval, as part
of the State cooperative agreement under section
23, a school pest management plan for local edu-
cational agencies in the State.
‘‘(C) COMPONENTS.—A school pest manage-
ment plan developed under subparagraph (B)
shall, at a minimum—
‘‘(i) implement a system that—
‘‘(I) eliminates or mitigates health
risks, or economic or aesthetic damage,
caused by pests;
‘‘(II) employs—
‘‘(aa) integrated methods;
‘‘(bb) site or pest inspection;
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‘‘(cc) pest population moni-
toring; and
‘‘(dd) an evaluation of the
need for pest management; and
‘‘(III) is developed taking into
consideration pest management alter-
natives (including sanitation, struc-
tural repair, and mechanical, biologi-
cal, cultural, and pesticide strategies)
that minimize health and environ-
mental risks;
‘‘(ii) require, for pesticide applications
at the school, universal notification to be
provided—
‘‘(I) at the beginning of the school
year;
‘‘(II) at the midpoint of the school
year; and
‘‘(III) at the beginning of any
summer session, as determined by the
school;
‘‘(iii) establish a registry of staff mem-
bers of a school, and of parents, legal guard-
ians, or other persons with legal standing as
parents of each child attending the school,
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that have requested to be notified in ad-
vance of any pesticide application at the
school;
‘‘(iv) establish guidelines that are con-
sistent with the definition of a school pest
management plan under subsection (a);
‘‘(v) require that each local educational
agency use a certified applicator or a per-
son authorized by the State agency to im-
plement the school pest management plans;
‘‘(vi) be consistent with the State coop-
erative agreement under section 23; and
‘‘(vii) require the posting of signs in
accordance with paragraph (4)(G).
‘‘(D) APPROVAL BY ADMINISTRATOR.—Not
later than 90 days after receiving a school pest
management plan submitted by a State agency
under subparagraph (B), the Administrator
shall—
‘‘(i) determine whether the school pest
management plan, at a minimum, meets
the requirements of subparagraph (C); and
‘‘(ii)(I) if the Administrator deter-
mines that the school pest management plan
meets the requirements, approve the school
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pest management plan as part of the State
cooperative agreement; or
‘‘(II) if the Administrator determines
that the school pest management plan does
not meet the requirements—
‘‘(aa) disapprove the school pest
management plan;
‘‘(bb) provide the State agency
with recommendations for and assist-
ance in revising the school pest man-
agement plan to meet the requirements;
and
‘‘(cc) provide a 90-day deadline
by which the State agency shall resub-
mit the revised school pest management
plan to obtain approval of the plan, in
accordance with the State cooperative
agreement.
‘‘(E) DISTRIBUTION
OF
STATE
PLAN
TO
SCHOOLS.—On approval of the school pest man-
agement plan of a State agency, the State agency
shall make the school pest management plan
available to each local educational agency in the
State.
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‘‘(F) EXCEPTION
FOR
EXISTING
STATE
PLANS.—If, on the date of enactment of the
School Environment Protection Act of 2002, a
State has implemented a school pest management
plan that, at a minimum, meets the require-
ments under subparagraph (C) (as determined
by the Administrator), the State agency may
maintain the school pest management plan and
shall not be required to develop a new school pest
management plan under subparagraph (B).
‘‘(2) IMPLEMENTATION BY LOCAL EDUCATIONAL
AGENCIES.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date on which a local educational agen-
cy receives a copy of a school pest management
plan of a State agency under paragraph (1)(E),
the local educational agency shall develop and
implement in each of the schools under the juris-
diction of the local educational agency a school
pest management plan that meets the standards
and requirements under the school pest manage-
ment plan of the State agency, as determined by
the Administrator.
‘‘(B) EXCEPTION FOR EXISTING PLANS.—If,
on the date of enactment of the School Environ-
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ment Protection Act of 2002, a State maintains
a school pest management plan that, at a min-
imum, meets the standards and criteria estab-
lished under this section (as determined by the
Administrator), and a local educational agency
in the State has implemented the State school
pest management plan, the local educational
agency may maintain the school pest manage-
ment plan and shall not be required to develop
and implement a new school pest management
plan under subparagraph (A).
‘‘(C) 
APPLICATION
OF
PESTICIDES
AT
SCHOOLS.—A school pest management plan shall
prohibit—
‘‘(i) the application of a pesticide
(other than a pesticide, including a bait, gel
or paste, described in paragraph (4)(C)) to
any area or room at a school while the area
or room is occupied or in use by students
or staff members (except students or staff
members participating in regular or voca-
tional agricultural instruction involving the
use of pesticides); and
‘‘(ii) the use by students or staff mem-
bers of an area or room treated with a pes-
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ticide by broadcast spraying, baseboard
spraying, tenting, or fogging during—
‘‘(I) the period specified on the
label of the pesticide during which a
treated area or room should remain
unoccupied; or
‘‘(II) if there is no period speci-
fied on the label, the 24-hour period be-
ginning at the end of the treatment.
‘‘(3) CONTACT PERSON.—
‘‘(A) IN GENERAL.—Each local educational
agency shall designate a contact person to carry
out a school pest management plan in schools
under the jurisdiction of the local educational
agency.
‘‘(B) DUTIES.—The contact person of a
local educational agency shall—
‘‘(i) maintain information about the
scheduling of pesticide applications in each
school under the jurisdiction of the local
educational agency;
‘‘(ii) act as a contact for inquiries, and
disseminate information requested by par-
ents or guardians, about the school pest
management plan;
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‘‘(iii) maintain and make available to
parents, legal guardians, or other persons
with legal standing as parents of each child
attending the school, before and during the
notice period and after application—
‘‘(I) copies of material safety data
sheet for pesticides applied at the
school, or copies of material safety data
sheets for end-use dilutions of pes-
ticides applied at the school, if data
sheets are available;
‘‘(II) labels and fact sheets ap-
proved by the Administrator for all
pesticides that may be used by the local
educational agency; and
‘‘(III) any final official informa-
tion related to the pesticide, as pro-
vided to the local educational agency
by the State agency; and
‘‘(iv) for each school, maintain all pes-
ticide use data for each pesticide used at the
school (other than antimicrobial pesticides
(as defined in clauses (i) and (ii) of section
2(mm)(1)(A))) for at least 3 years after the
date on which the pesticide is applied; and
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‘‘(v) make that data available for in-
spection on request by any person.
‘‘(4) NOTIFICATION.—
‘‘(A) UNIVERSAL NOTIFICATION.—At the be-
ginning of each school year, at the midpoint of
each school year, and at the beginning of any
summer session (as determined by the school), a
local educational agency or school shall provide
to staff members of a school, and to parents, legal
guardians, and other persons with legal standing
as parents of students enrolled at the school, a
notice describing the school pest management
plan that includes—
‘‘(i) a summary of the requirements
and procedures under the school pest man-
agement plan;
‘‘(ii) a description of any potential
pest problems that the school may experi-
ence (including a description of the proce-
dures that may be used to address those
problems);
‘‘(iii) the address, telephone number,
and website address of the Office of Pes-
ticide Programs of the Environmental Pro-
tection Agency; and
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‘‘(iv) the following statement (includ-
ing information to be supplied by the school
as indicated in brackets):
‘As part of a school pest management plan, lllll
(insert school name) may use pesticides to control pests. The
Environmental Protection Agency (EPA) and lllll
(insert name of State agency exercising jurisdiction over
pesticide registration and use) registers pesticides for that
use. EPA continues to examine registered pesticides to de-
termine that use of the pesticides in accordance with in-
structions printed on the label does not pose unreasonable
risks to human health and the environment. Nevertheless,
EPA cannot guarantee that registered pesticides do not pose
risks, and unnecessary exposure to pesticides should be
avoided. Based in part on recommendations of a 1993 study
by the National Academy of Sciences that reviewed reg-
istered pesticides and their potential to cause unreasonable
adverse effects on human health, particularly on the health
of pregnant women, infants, and children, Congress enacted
the Food Quality Protection Act of 1996. That law requires
EPA to reevaluate all registered pesticides and new pes-
ticides to measure their safety, taking into account the
unique exposures and sensitivity that pregnant women, in-
fants, and children may have to pesticides. EPA review
under that law is ongoing. You may request to be notified
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at least 24 hours in advance of pesticide applications to
be made and receive information about the applications by
registering with the school. Certain pesticides used by the
school (including baits, pastes, and gels) are exempt from
notification requirements. If you would like more informa-
tion concerning any pesticide application or any product
used at the school, contact lllll (insert name and
phone number of contact person).’.
‘‘(B) NOTIFICATION TO PERSONS ON REG-
ISTRY.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii) and paragraph (5)—
‘‘(I) notice of an upcoming pes-
ticide application at a school shall be
provided to each person on the registry
of the school not later than 24 hours
before the end of the last business day
during which the school is in session
that precedes the day on which the ap-
plication is to be made; and
‘‘(II) the application of a pes-
ticide for which a notice is given under
subclause (I) shall not commence before
the end of the business day.
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‘‘(ii) NOTIFICATION CONCERNING PES-
TICIDES USED IN CURRICULA.—If pesticides
are used as part of a regular vocational ag-
ricultural curriculum of the school, a notice
containing the information described in
subclauses (I), (IV), (VI), and (VII) of
clause (iii) for all pesticides that may be
used as a part of that curriculum shall be
provided to persons on the registry only
once at the beginning of each academic term
of the school.
‘‘(iii) CONTENTS OF NOTICE.—A notice
under clause (i) shall contain—
‘‘(I) the trade name, common
name (if applicable), and Environ-
mental Protection Agency registration
number of each pesticide to be applied;
‘‘(II) a description of each loca-
tion at the school at which a pesticide
is to be applied;
‘‘(III) a description of the date
and time of application, except that, in
the case of an outdoor pesticide appli-
cation, a notice shall include at least 3
dates, in chronological order, on which
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the outdoor pesticide application may
take place if the preceding date is can-
celed;
‘‘(IV) information that the State
agency shall provide to the local edu-
cational agency, including a descrip-
tion of potentially acute and chronic
effects that may result from exposure to
each pesticide to be applied based on—
‘‘(aa) a description of poten-
tially acute and chronic effects
that may result from exposure to
each pesticide to be applied, as
stated on the label of the pesticide
approved by the Administrator;
‘‘(bb) 
information 
derived
from the material safety data
sheet for the end-use dilution of
the pesticide to be applied (if
available) or the material safety
data sheets; and
‘‘(cc) final, official informa-
tion related to the pesticide pre-
pared by the Administrator and
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provided to the local educational
agency by the State agency;
‘‘(V) a description of the purpose
of the application of the pesticide;
‘‘(VI) the address, telephone num-
ber, and website address of the Office of
Pesticide Programs of the Environ-
mental Protection Agency; and
‘‘(VII) the statement described in
subparagraph (A)(iv) (other than the
ninth sentence of that statement).
‘‘(C) NOTIFICATION AND POSTING EXEMP-
TION.—A notice or posting of a sign under sub-
paragraph (A), (B), or (G) shall not be required
for the application at a school of—
‘‘(i) an antimicrobial pesticide;
‘‘(ii) a bait, gel, or paste that is
placed—
‘‘(I) out of reach of children or in
an area that is not accessible to chil-
dren; or
‘‘(II) in a tamper-resistant or
child-resistant container or station;
and
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‘‘(iii) any pesticide that, as of the date
of enactment of the School Environment
Protection Act of 2002, is exempt from the
requirements of this Act under section 25(b)
(including regulations promulgated at sec-
tion 152 of title 40, Code of Federal Regula-
tions (or any successor regulation)).
‘‘(D) NEW
STAFF
MEMBERS
AND
STU-
DENTS.—After the beginning of each school year,
a local educational agency or school within a
local educational agency shall provide each no-
tice required under subparagraph (A) to—
‘‘(i) each new staff member who is em-
ployed during the school year; and
‘‘(ii) the parent or guardian of each
new student enrolled during the school year.
‘‘(E) METHOD OF NOTIFICATION.—A local
educational agency or school may provide a no-
tice under this subsection, using information de-
scribed in paragraph (4), in the form of—
‘‘(i) a written notice sent home with
the students and provided to staff members;
‘‘(ii) a telephone call;
‘‘(iii) direct contact;
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‘‘(iv) a written notice mailed at least
1 week before the application; or
‘‘(v) a notice delivered electronically
(such as through electronic mail or fac-
simile).
‘‘(F) REISSUANCE.—If the date of the appli-
cation of the pesticide needs to be extended be-
yond the period required for notice under this
paragraph, the school shall issue a notice con-
taining only the new date and location of appli-
cation.
‘‘(G) POSTING OF SIGNS.—
‘‘(i) IN GENERAL.—Except as provided
in paragraph (5)—
‘‘(I) a school shall post a sign not
later than the last business day during
which school is in session preceding the
date of application of a pesticide at the
school; and
‘‘(II) the application for which a
sign is posted under subclause (I) shall
not commence before the time that is
24 hours after the end of the business
day on which the sign is posted.
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‘‘(ii) LOCATION.—A sign shall be post-
ed under clause (i)—
‘‘(I) at a central location notice-
able to individuals entering the build-
ing; and
‘‘(II) at the proposed site of appli-
cation.
‘‘(iii) ADMINISTRATION.—A sign re-
quired to be posted under clause (i) shall—
‘‘(I) remain posted for at least 24
hours after the end of the application;
‘‘(II) be—
‘‘(aa) at least 81⁄2 inches by
11 inches for signs posted inside
the school; and
‘‘(bb) at least 4 inches by 5
inches for signs posted outside the
school; and
‘‘(III) contain—
‘‘(aa) information about the
pest problem for which the appli-
cation is necessary;
‘‘(bb) the name of each pes-
ticide to be used;
‘‘(cc) the date of application;
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‘‘(dd) the name and tele-
phone number of the designated
contact person; and
‘‘(ee) the statement contained
in subparagraph (A)(iv).
‘‘(iv) OUTDOOR
PESTICIDE
APPLICA-
TIONS.—
‘‘(I) IN GENERAL.—In the case of
an outdoor pesticide application at a
school, each sign shall include at least
3 dates, in chronological order, on
which the outdoor pesticide application
may take place if the preceding date is
canceled.
‘‘(II) DURATION OF POSTING.—A
sign described in subclause (I) shall be
posted after an outdoor pesticide appli-
cation in accordance with clauses (ii)
and (iii).
‘‘(5) EMERGENCIES.—
‘‘(A) IN GENERAL.—A school may apply a
pesticide at the school without complying with
this part in an emergency, subject to subpara-
graph (B).
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‘‘(B) SUBSEQUENT NOTIFICATION OF PAR-
ENTS, GUARDIANS, AND STAFF MEMBERS.—Not
later than the earlier of the time that is 24 hours
after a school applies a pesticide under this
paragraph or on the morning of the next busi-
ness day, the school shall provide to each parent
or guardian of a student listed on the registry,
a staff member listed on the registry, and the
designated contact person, notice of the applica-
tion of the pesticide in an emergency that
includes—
‘‘(i) the information required for a no-
tice under paragraph (4)(G); and
‘‘(ii) a description of the problem and
the factors that required the application of
the pesticide to avoid a threat to the health
or safety of a student or staff member.
‘‘(C) 
METHOD
OF
NOTIFICATION.—The
school may provide the notice required by para-
graph (B) by any method of notification de-
scribed in paragraph (4)(E).
‘‘(D) POSTING
OF
SIGNS.—Immediately
after the application of a pesticide under this
paragraph, a school shall post a sign warning of
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the pesticide application in accordance with
clauses (ii) through (iv) of paragraph (4)(B).
‘‘(c) RELATIONSHIP TO STATE AND LOCAL REQUIRE-
MENTS.—Nothing in this section (including regulations
promulgated under this section)—
‘‘(1) precludes a State or political subdivision of
a State from imposing on local educational agencies
and schools any requirement under State or local law
(including regulations) that is more stringent than
the requirements imposed under this section; or
‘‘(2) establishes any exception under, or affects
in any other way, section 24(b).
‘‘(d) EXCLUSION OF CERTAIN PEST MANAGEMENT AC-
TIVITIES.—Nothing in this section (including regulations
promulgated under this section) applies to a pest manage-
ment activity that is conducted—
‘‘(1) on or adjacent to a school; and
‘‘(2) by, or at the direction of, a State or local
agency other than a local educational agency.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.’’.
(c) CONFORMING AMENDMENT.—The table of contents
in section 1(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. prec. 121) is amended by striking
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the items relating to sections 30 through 32 and inserting
the following:
‘‘Sec. 30. Minimum requirements for training of maintenance applicators and
service technicians.
‘‘Sec. 31. Environmental Protection Agency minor use program.
‘‘Sec. 32. Department of Agriculture minor use program.
‘‘(a) In general.
‘‘(b)(1) Minor use pesticide data.
‘‘(2) Minor Use Pesticide Data Revolving Fund.
‘‘Sec. 33. Pest management in schools.
‘‘(a) Definitions.
‘‘(1) Bait.
‘‘(2) Contact person.
‘‘(3) Emergency.
‘‘(4) Local educational agency.
‘‘(5) School.
‘‘(6) Staff member.
‘‘(7) State agency.
‘‘(8) Universal notification.
‘‘(b) School pest management plans.
‘‘(1) State plans.
‘‘(2) Implementation by local educational agencies.
‘‘(3) Contact person.
‘‘(4) Notification.
‘‘(5) Emergencies.
‘‘(c) Relationship to State and local requirements.
‘‘(d) Exclusion of certain pest management activities.
‘‘(e) Authorization of appropriations.
‘‘Sec. 34. Severability.
‘‘Sec. 35. Authorization of appropriations.’’.
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect on October 1, 2002.
SEC. 1043. PROHIBITION ON PACKERS OWNING, FEEDING,
OR CONTROLLING LIVESTOCK.
(a) IN GENERAL.—Section 202 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 192), is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
(2) by inserting after subsection (e) the following:
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‘‘(f) Own, feed, or control livestock intended for slaugh-
ter (for more than 14 days prior to slaughter and acting
through the packer or a person that directly or indirectly
controls, or is controlled by or under common control with,
the packer), except that this subsection shall not apply to—
‘‘(1) a cooperative or entity owned by a coopera-
tive, if a majority of the ownership interest in the co-
operative is held by active cooperative members
that—
‘‘(A) own, feed, or control livestock; and
‘‘(B) provide the livestock to the cooperative
for slaughter; or
‘‘(2) a packer that is owned or controlled by pro-
ducers of a type of livestock, if during a calendar year
the packer slaughters less than 2 percent of the head
of that type of livestock slaughtered in the United
States; or’’; and
(3) in subsection (h) (as so redesignated), by
striking ‘‘or (e)’’ and inserting ‘‘(e), or (f)’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to paragraph (2), the
amendments made by subsection (a) take effect on the
date of enactment of this Act.
(2) TRANSITION RULES.—In the case of a packer
that on the date of enactment of this Act owns, feeds,
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or controls livestock intended for slaughter in viola-
tion of section 202(f) of the Packers and Stockyards
Act, 1921 (as amended by subsection (a)), the amend-
ments made by subsection (a) apply to the packer—
(A) in the case of a packer of swine, begin-
ning on the date that is 18 months after the date
of enactment of this Act; and
(B) in the case of a packer of any other
type of livestock, beginning as soon as prac-
ticable, but not later than 180 days, after the
date of enactment of this Act, as determined by
the Secretary of Agriculture.
SEC. 1044. PACKERS AND STOCKYARDS.
(a) DEFINITIONS.—Section 2(a) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended by add-
ing at the end the following:
‘‘(12) LIVESTOCK CONTRACTOR.—The term ‘live-
stock contractor’ means any person engaged in the
business of obtaining livestock under a livestock pro-
duction contract for the purpose of slaughtering the
livestock or selling the livestock for slaughter, if—
‘‘(A) the livestock is obtained by the person
in commerce; or
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‘‘(B) the livestock (including livestock prod-
ucts from the livestock) obtained by the person is
sold or shipped in commerce.
‘‘(13) LIVESTOCK PRODUCTION CONTRACT.—The
term ‘livestock production contract’ means any
growout contract or other arrangement under which
a livestock production contract grower raises and
cares for the livestock in accordance with the instruc-
tions of another person.
‘‘(14) LIVESTOCK PRODUCTION CONTRACT GROW-
ER.—The term ‘livestock production contract grower’
means any person engaged in the business of raising
and caring for livestock in accordance with the in-
structions of another person.’’.
(b) CONTRACTORS.—
(1) IN GENERAL.—The Packers and Stockyards
Act, 1921, is amended by striking ‘‘packer’’ each place
it appears in sections 202, 203, 204, and 205 (7
U.S.C. 192, 193, 194, 195) (other than section 202(c))
and inserting ‘‘packer or livestock contractor’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 202(c) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 192(c)), is
amended by inserting ‘‘, livestock contractor,’’
after ‘‘other packer’’ each place it appears.
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(B) Section 308(a) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 209(a)), is
amended by inserting ‘‘or livestock production
contract’’ after ‘‘poultry growing arrangement’’.
(C) Sections 401 and 403 of the Packers
and Stockyards Act, 1921 (7 U.S.C. 221, 223),
are amended by inserting ‘‘any livestock con-
tractor, and’’ after ‘‘packer,’’ each place it ap-
pears.
(c) RIGHT TO DISCUSS TERMS OF CONTRACT.—The
Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.),
is amended by adding at the end the following:
‘‘SEC. 417. RIGHT TO DISCUSS TERMS OF CONTRACT.
‘‘(a) IN GENERAL.—Notwithstanding a provision in
any contract for the sale or production of livestock or poul-
try that provides that information contained in the contract
is confidential, a party to the contract shall not be prohib-
ited from discussing any terms or details of any contract
with—
‘‘(1) a legal adviser;
‘‘(2) a lender;
‘‘(3) an accountant;
‘‘(4) an executive or manager;
‘‘(5) a landlord;
‘‘(6) a family member; or
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‘‘(7) a Federal or State agency with responsi-
bility for—
‘‘(A) enforcing a statute designed to protect
a party to the contract; or
‘‘(B) administering this Act.
‘‘(b) EFFECT ON STATE LAWS.—Subsection (a) does
not affect State laws that address confidentiality provisions
in contracts for the sale or production of livestock or poul-
try.’’.
SEC. 1045. UNLAWFUL STOCKYARD PRACTICES INVOLVING
NONAMBULATORY LIVESTOCK.
(a) IN GENERAL.—Title III of the Packers and Stock-
yards Act, 1921, is amended by inserting after section 317
(7 U.S.C. 217a) the following:
‘‘SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING
NONAMBULATORY LIVESTOCK.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) HUMANELY EUTHANIZED.—The term ‘hu-
manely euthanized’ means to kill an animal by me-
chanical, chemical, or other means that immediately
render the animal unconscious, with this state re-
maining until the animal’s death.
‘‘(2) NONAMBULATORY
LIVESTOCK.—The term
‘nonambulatory livestock’ means any livestock that is
unable to stand and walk unassisted.
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‘‘(b) UNLAWFUL PRACTICES.—
‘‘(1) IN GENERAL.—It shall be unlawful under
section 312 for any stockyard owner, market agency,
or dealer to buy, sell, give, receive, transfer, market,
hold, or drag any nonambulatory livestock unless the
nonambulatory 
livestock 
has 
been 
humanely
euthanized.
‘‘(2) EXCEPTIONS.—
‘‘(A) NON-GIPSA
FARMS.—Paragraph (1)
shall not apply to any farm the animal care
practices of which are not subject to the author-
ity of the Grain Inspection, Packers, and Stock-
yards Administration.
‘‘(B) VETERINARY
CARE.—Paragraph (1)
shall not apply in a case in which non-
ambulatory livestock receive veterinary care in-
tended to render the livestock ambulatory.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by sub-
section (a) takes effect 1 year after the date of the en-
actment of this Act.
(2) REGULATIONS.—Not later than 1 year after
the date of enactment of this Act, the Secretary of Ag-
riculture shall promulgate regulations consistent with
the amendment, relating to the handling, treatment,
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and disposition of nonambulatory livestock at live-
stock marketing facilities or by dealers.
SEC. 1046. ARBITRATION CLAUSES.
Title IV of the Packers and Stockyards Act, 1921, is
amended by inserting after section 413 (7 U.S.C. 228b–4)
the following:
‘‘SEC. 413A. ARBITRATION CLAUSES.
‘‘Notwithstanding any other provision of law, in the
case of a contract for the sale or production of livestock or
poultry under this Act that is entered into or renewed after
the date of enactment of this section and that includes a
provision that requires arbitration of a dispute arising
from the contract, a person that seeks to resolve a dispute
under the contract may, notwithstanding the terms of the
contract, elect—
‘‘(1) to arbitrate the dispute in accordance with
the contract; or
‘‘(2) to resolve the dispute in accordance with
any other lawful method of dispute resolution, includ-
ing mediation and civil action.’’.
SEC. 1047. COTTON CLASSIFICATION SERVICES.
The first sentence of section 3a of the Act of March
3, 1927 (commonly known as the ‘‘Cotton Statistics and
Estimates Act’’) (7 U.S.C. 473), is amended by striking
‘‘2002’’ and inserting ‘‘2006’’.
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SEC. 1048. PROTECTION FOR PURCHASERS OF FARM PROD-
UCTS.
Section 1324 of the Food Security Act of 1985 (7
U.S.C. 1631) is amended—
(1) in subsection (c)(4)—
(A) in subparagraph (B), by striking
‘‘signed,’’ and inserting ‘‘signed, authorized, or
otherwise authenticated by the debtor,’’;
(B) by striking subparagraph (C);
(C) in subparagraph (D)—
(i) in clause (iii), by adding ‘‘and’’
after the semicolon at the end; and
(ii) in clause (iv), by striking ‘‘appli-
cable;’’ and all that follows and inserting
‘‘applicable, and the name of each county or
parish in which the farm products are
growing or located;’’; and
(D) by redesignating subparagraphs (D)
through (I) as subparagraphs (C) through (H),
respectively;
(2) in subsection (e)—
(A) in paragraph (1)(A)—
(i) in clause (ii)—
(I) in subclause (III), by adding
‘‘and’’ after the semicolon at the end;
and
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(II) in subclause (IV), by striking
‘‘crop year,’’ and all that follows and
inserting ‘‘crop year, and the name of
each county or parish in which the
farm products are growing or lo-
cated;’’; and
(iii) in clause (v), by inserting ‘‘con-
tains’’ before ‘‘any payment’’; and
(B) in paragraph (3)—
(i) in subparagraph (A), by striking
‘‘subparagraph’’ and inserting ‘‘subsection’’;
and
(ii) in subparagraph (B), by striking
‘‘; and’’ and inserting a period; and
(3) subsection (g)(2)(A)—
(A) in clause (ii)—
(i) in subclause (III), by adding ‘‘and’’
after the semicolon at the end; and
(ii) in subclause (IV), by striking
‘‘crop year,’’ and all that follows and insert-
ing ‘‘crop year, and the name of each coun-
ty or parish in which the farm products are
growing or located;’’; and
(B) in clause (v), by inserting ‘‘contains’’
before ‘‘any payment’’.
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SEC. 1049. IMPROVED STANDARDS FOR THE CARE AND
TREATMENT OF CERTAIN ANIMALS.
(a) SOCIALIZATION
PLAN; BREEDING
RESTRIC-
TIONS.—Section 13(a)(2) of the Animal Welfare Act (7
U.S.C. 2143(a)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at
the end;
(2) in subparagraph (B), by striking the period
at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) for the socialization of dogs intended
for sale as pets with other dogs and people,
through compliance with a performance standard
developed by the Secretary based on the rec-
ommendations of veterinarians and animal wel-
fare and behavior experts that—
‘‘(i) identifies actions that dealers and
inspectors shall take to ensure adequate so-
cialization; and
‘‘(ii) identifies a set of behavioral
measures that inspectors shall use to evalu-
ate adequate socialization; and
‘‘(D) for addressing the initiation and fre-
quency of breeding of female dogs so that a fe-
male dog is not—
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‘‘(i) bred before the female dog has
reached at least 1 year of age; and
‘‘(ii) whelped more frequently than 3
times in any 24-month period.’’.
(b) SUSPENSION OR REVOCATION OF LICENSE, CIVIL
PENALTIES, JUDICIAL
REVIEW, 
AND
CRIMINAL
PEN-
ALTIES.—Section 19 of the Animal Welfare Act (7 U.S.C.
2149) is amended—
(1) by striking ‘‘SEC. 19. (a) If the Secretary’’
and inserting the following:
‘‘SEC. 19. SUSPENSION OR REVOCATION OF LICENSE, CIVIL
PENALTIES, JUDICIAL REVIEW, AND CRIMI-
NAL PENALTIES.
‘‘(a) SUSPENSION OR REVOCATION OF LICENSE.—
‘‘(1) IN GENERAL.—If the Secretary’’;
(2) in subsection (a)—
(A) in paragraph (1) (as designated by
paragraph (1)), by striking ‘‘if such violation’’
and all that follows and inserting ‘‘if the Sec-
retary determines that 1 or more violations have
occurred.’’; and
(B) by adding at the end the following:
‘‘(2) LICENSE
REVOCATION.—If the Secretary
finds that any person licensed as a dealer, exhibitor,
or operator of an auction sale subject to section 12,
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has committed a serious violation (as determined by
the Secretary) of any rule, regulation, or standard
governing the humane handling, transportation, vet-
erinary care, housing, breeding, socialization, feeding,
watering, or other humane treatment of dogs under
section 12 or 13 on 3 or more separate inspections
within any 8-year period, the Secretary shall—
‘‘(A) suspend the license of the person for 21
days; and
‘‘(B) after providing notice and a hearing
not more than 30 days after the third violation
is noted on an inspection report, revoke the li-
cense of the person unless the Secretary makes a
written finding that revocation is unwarranted
because 
of 
extraordinary 
extenuating 
cir-
cumstances.’’;
(3) in subsection (b), by striking ‘‘(b) Any deal-
er’’ and inserting ‘‘(b) CIVIL PENALTIES.—Any deal-
er’’;
(4) in subsection (c), by striking ‘‘(c) Any deal-
er’’ and inserting ‘‘(c) JUDICIAL REVIEW.—Any deal-
er’’; and
(5) in subsection (d), by striking ‘‘(d) Any deal-
er’’ and inserting ‘‘(d) CRIMINAL PENALTIES.—Any
dealer’’.
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(c) REGULATIONS.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Agriculture
shall promulgate such regulations as are necessary to carry
out the amendments made by this section, including devel-
opment of the standards required by the amendments made
by subsection (a).
SEC. 1050. EXPANSION OF STATE MARKETING PROGRAMS.
(a) STATE MARKETING PROGRAMS.—Section 204(b) of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b))
is amended—
(1) by striking ‘‘(b) The’’ and all that follows
through ‘‘: Provided, That no’’ and inserting the fol-
lowing:
‘‘(b) STATE MARKETING PROGRAMS.—
‘‘(1) IN GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary of Agri-
culture shall make available $7,000,000 for fiscal year
2003, 
$8,000,000 
for 
fiscal 
year 
2004, 
and
$10,000,000 for each of fiscal years 2005 and 2006 for
allotment to State departments of agriculture, State
bureaus and departments of markets, State agricul-
tural experiment stations, and other appropriate
State agencies for cooperative projects in marketing
service and in marketing research to effectuate the
purposes of—
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‘‘(A) title II of this Act; and
‘‘(B) the Farmer’s Market Promotion Pro-
gram established under section 6 of the Farmer-
to-Consumer Direct Marketing Act of 1976.
‘‘(2) SMALL
FARMS
AND
LIMITED
RESOURCE
FARMERS.—Of the funds made available under para-
graph (1), a priority shall be given for initiatives de-
signed to support direct and other marketing efforts
of small farms and limited resource farmers.
‘‘(3) STATE FUNDS.—No’’;
(2) by striking ‘‘The funds which’’ and inserting
the following:
‘‘(4) ADDITIONAL FUNDS.—The funds that’’;
(3) by striking ‘‘The allotments’’ and inserting
the following:
‘‘(5) RECIPIENT AGENCIES.—The allotments’’;
(4) by striking ‘‘Such allotments’’ and inserting
the following:
‘‘(6) COOPERATIVE
AGREEMENTS.—The allot-
ments’’; and
(5) by striking ‘‘Should duplication’’ and insert-
ing the following:
‘‘(7) DUPLICATION.—If duplication’’.
(b) FARMERS’ MARKET PROMOTION PROGRAM.—
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(1) SURVEY.—Section 4 of the Farmer-to-Con-
sumer Direct Marketing Act of 1976 (7 U.S.C. 3003)
is amended—
(A) in the first sentence, by striking ‘‘a con-
tinuing’’ and inserting ‘‘an annual’’; and
(B) by striking the second sentence.
(2) DIRECT MARKETING ASSISTANCE.—Section 5
of the Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3004) is amended—
(A) in subsection (a)—
(i) in the first sentence, by striking
‘‘Extension Service of the United States De-
partment of Agriculture’’ and inserting
‘‘Secretary’’; and
(ii) in the second sentence—
(I) by striking ‘‘Extension Serv-
ice’’ and inserting ‘‘Secretary’’; and
(II) by striking ‘‘and on the basis
of which of these two agencies, or com-
bination thereof, can best perform these
activities’’ and inserting ‘‘, as deter-
mined by the Secretary’’;
(B) by redesignating subsection (b) as sub-
section (c); and
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(C) by inserting after subsection (a) the fol-
lowing:
‘‘(b) DEVELOPMENT
OF FARMERS’ MARKETS.—The
Secretary shall—
‘‘(1) work with the Governor of a State, and a
State agency designated by the Governor, to develop
programs to train managers of farmers’ markets;
‘‘(2) develop opportunities to share information
among managers of farmers’ markets;
‘‘(3) establish a program to train cooperative ex-
tension service employees in the development of direct
marketing techniques; and
‘‘(4) work with producers to develop farmers’
markets.’’.
(3) FARMERS’ MARKET PROMOTION PROGRAM.—
The Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3001 et seq.) is amended by inserting
after section 5 the following:
‘‘SEC. 6. FARMERS’ MARKET PROMOTION PROGRAM.
‘‘(a) ESTABLISHMENT.—The Secretary shall carry out
a program, to be known as the ‘Farmers’ Market Promotion
Program’ (referred to in this section as the ‘Program’), to
make grants to eligible entities for projects to establish, ex-
pand, and promote farmers’ markets.
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‘‘(b) PROGRAM PURPOSES.—The purposes of the Pro-
gram are—
‘‘(1) to increase domestic consumption of agricul-
tural commodities by improving and expanding, or
assisting in the improvement and expansion of, do-
mestic farmers’ markets, roadside stands, community-
supported agriculture programs, and other direct pro-
ducer-to-consumer infrastructure; and
‘‘(2) to develop, or aid in the development of,
new farmers’ markets, roadside stands, community-
supported agriculture programs, and other direct pro-
ducer-to-consumer infrastructure.
‘‘(c) ELIGIBLE ENTITIES.—An entity shall be eligible
to receive a grant under the Program if the entity is—
‘‘(1) an agricultural cooperative;
‘‘(2) a local government;
‘‘(3) a nonprofit corporation;
‘‘(4) a public benefit corporation;
‘‘(5) an economic development corporation;
‘‘(6) a regional farmers’ market authority; or
‘‘(7) such other entity as the Secretary may des-
ignate.
‘‘(d) CRITERIA AND GUIDELINES.—The Secretary shall
establish criteria and guidelines for the submission, evalua-
tion, and funding of proposed projects under the Program.
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‘‘(e) AMOUNT.—
‘‘(1) IN
GENERAL.—Under the Program, the
amount of a grant to an eligible entity for any 1
project shall be not more than $500,000 for any 1 fis-
cal year.
‘‘(2) AVAILABILITY.—The amount of a grant to
an eligible entity for a project shall be available until
expended or until the date on which the project termi-
nates.
‘‘(f) COST SHARING.—
‘‘(1) IN GENERAL.—The share of the costs of a
project covered by a grant awarded under the Pro-
gram shall not exceed 60 percent.
‘‘(2) GRANTEE SHARE.—
‘‘(A) FORM.—The non-Federal share of the
cost of a project carried out under the Program
may be paid in the form of cash or the provision
of services, materials, or other in-kind contribu-
tions.
‘‘(B) LIMITATION.—The value of any real or
personal property owned by an eligible entity as
of the date on which the eligible entity submits
a proposal for a project under the Program shall
not be credited toward the grantee share required
under this paragraph.
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‘‘(g) FUNDING.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $10,000,000 for
each of fiscal years 2002 through 2006.
‘‘(2) LIMITATION.—Except for funds made avail-
able pursuant to section 204(b) of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1623(b)), no
amounts may be made available to carry out this sec-
tion unless specifically provided by an appropriation
Act.’’.
SEC. 1051. DEFINITION OF ANIMAL UNDER THE ANIMAL
WELFARE ACT.
Section 2(g) of the Animal Welfare Act (7 U.S.C.
2132(g)) is amended by striking ‘‘excludes horses not used
for research purposes and’’ and inserting the following: ‘‘ex-
cludes birds, rats of the genus Rattus, and mice of the genus
Mus bred for use in research, horses not used for research
purposes, and’’.
SEC. 1052. PENALTIES AND FOREIGN COMMERCE PROVI-
SIONS OF THE ANIMAL WELFARE ACT.
(a) PENALTIES AND FOREIGN COMMERCE PROVISIONS
OF THE ANIMAL WELFARE ACT.—Section 26 of the Animal
Welfare Act (7 U.S.C. 2156) is amended—
(1) in subsection (e)—
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(A) by inserting ‘‘PENALTIES.—’’ after
‘‘(e)’’;
(B) by striking ‘‘$5,000’’ and inserting
‘‘$15,000’’; and
(C) by striking ‘‘1 year’’ and inserting ‘‘2
years’’; and
(2) in subsection (g)(2)(B), by inserting at the
end before the semicolon the following: ‘‘or from any
State into any foreign country’’.
(b) EFFECTIVE DATE.—The amendments made by this
section take effect 30 days after the date of the enactment
of this Act.
SEC. 1053. PROHIBITION ON INTERSTATE MOVEMENT OF
ANIMALS FOR ANIMAL FIGHTING.
(a) PROHIBITION ON INTERSTATE MOVEMENT OF ANI-
MALS FOR ANIMAL FIGHTING.—Section 26(d) of the Animal
Welfare Act (7 U.S.C. 2156(d)) is amended to read as fol-
lows:
‘‘(d) ACTIVITIES NOT SUBJECT TO PROHIBITION.—
This section does not apply to the selling, buying, trans-
porting, or delivery of an animal in interstate or foreign
commerce for any purpose, so long as the purpose does not
include participation of the animal in an animal fighting
venture.’’.
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(b) EFFECTIVE DATE.—The amendment made by this
section take effect 30 days after the date of the enactment
of this Act.
SEC. 1054. OUTREACH AND ASSISTANCE FOR SOCIALLY DIS-
ADVANTAGED FARMERS AND RANCHERS.
(a) IN GENERAL.—Section 2501 of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279) is amended by striking subsection (a) and inserting
the following:
‘‘(a) OUTREACH AND ASSISTANCE.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) DEPARTMENT.—The term ‘Depart-
ment’ means the Department of Agriculture.
‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible
entity’ means—
‘‘(i) any community-based organiza-
tion, network, or coalition of community-
based organizations that—
‘‘(I) has demonstrated experience
in providing agricultural education or
other agriculturally related services to
socially disadvantaged farmers and
ranchers;
‘‘(II) has provided to the Sec-
retary documentary evidence of work
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with socially disadvantaged farmers
and ranchers during the 2-year period
preceding the submission of an appli-
cation for assistance under this sub-
section; and
‘‘(III) has not engaged in activi-
ties prohibited under section 501(c)(3)
of the Internal Revenue Code of 1986;
‘‘(ii)(I) an 1890 institution (as defined
in section 2 of the Agricultural Research,
Extension, and Education Reform Act of
1998 (7 U.S.C. 7601)), including West Vir-
ginia State College;
‘‘(II) a 1994 institution (as defined in
section 2 of that Act);
‘‘(III) an Indian tribal community
college;
‘‘(IV) an Alaska Native cooperative col-
lege;
‘‘(V) a Hispanic-serving institution (as
defined in section 1404 of the National Ag-
ricultural Research, Extension, and Teach-
ing Policy Act of 1977 (7 U.S.C. 3103));
and
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‘‘(VI) any other institution of higher
education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C.
1001)) that has demonstrated experience in
providing agriculture education or other ag-
riculturally related services to socially dis-
advantaged farmers and ranchers in a re-
gion; and
‘‘(iii) an Indian tribe (as defined in section
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) or a na-
tional tribal organization that has demonstrated
experience in providing agriculture education or
other agriculturally related services to socially
disadvantaged farmers and ranchers in a region.
‘‘(C) SECRETARY.—The term ‘Secretary’
means the Secretary of Agriculture.
‘‘(2) PROGRAM.—The Secretary shall carry out
an outreach and technical assistance program to en-
courage and assist socially disadvantaged farmers
and ranchers—
‘‘(A) in owning and operating farms and
ranches; and
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‘‘(B) in participating equitably in the full
range of agricultural programs offered by the De-
partment.
‘‘(3) REQUIREMENTS.—The outreach and tech-
nical assistance program under paragraph (2)
shall—
‘‘(A) enhance coordination of the outreach,
technical assistance, and education efforts au-
thorized under various agriculture programs;
and
‘‘(B) include information on, and assistance
with—
‘‘(i) commodity, conservation, credit,
rural, and business development programs;
‘‘(ii) application and bidding proce-
dures;
‘‘(iii) farm and risk management;
‘‘(iv) marketing; and
‘‘(v) other activities essential to par-
ticipation in agricultural and other pro-
grams of the Department.
‘‘(4) GRANTS AND CONTRACTS.—
‘‘(A) IN
GENERAL.—The Secretary may
make grants to, and enter into contracts and
other agreements with, an eligible entity to pro-
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vide information and technical assistance under
this subsection.
‘‘(B) RELATIONSHIP TO OTHER LAW.—The
authority to carry out this section shall be in ad-
dition to any other authority provided in this or
any other Act.
‘‘(5) FUNDING.—
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this subsection $25,000,000 for each
of fiscal years 2002 through 2006.
‘‘(B) INTERAGENCY FUNDING.—In addition
to funds authorized to be appropriated under
subparagraph (A), any agency of the Depart-
ment may participate in any grant, contract, or
agreement entered into under this section by con-
tributing funds, if the agency determined that
the objectives of the grant, contract, or agreement
will further the authorized programs of the con-
tributing agency.’’.
(b) 
DEFINITION
OF
SOCIALLY
DISADVANTAGED
GROUP.—Section 2501(e)(1) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 2279(e)(1)) is
amended by striking ‘‘racial or ethnic’’ and inserting ‘‘gen-
der, racial, or ethnic’’.
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SEC. 1055. WILD FISH AND WILD SHELLFISH.
Section 2104 of the Organic Foods Production Act of
1990 (7 U.S.C. 6503) is amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) WILD FISH AND WILD SHELLFISH.—
‘‘(1) IN
GENERAL.—Notwithstanding section
2107(a)(1), the Secretary may allow, through regula-
tions promulgated after public notice and opportunity
for comment, wild fish or wild shellfish harvested
from salt water to be certified or labeled as organic.
‘‘(2) CONSULTATION AND ACCOMMODATION.—In
carrying out paragraph (1), the Secretary shall—
‘‘(A) consult with—
‘‘(i) the Secretary of Commerce;
‘‘(ii) the National Organic Standards
Board established under section 2119;
‘‘(iii) producers, processors, and sellers;
and
‘‘(iv) other interested members of the
public; and
‘‘(B) to the maximum extent practicable,
accommodate the unique characteristics of the in-
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dustries in the United States that harvest and
process wild fish and shellfish.’’.
SEC. 1056. ASSISTANT SECRETARY OF AGRICULTURE FOR
CIVIL RIGHTS.
(a) IN GENERAL.—Section 218 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6918) is
amended by adding at the end the following:
‘‘(f) ASSISTANT SECRETARY OF AGRICULTURE FOR
CIVIL RIGHTS.—
‘‘(1) DEFINITION OF SOCIALLY DISADVANTAGED
FARMER OR RANCHER.—In this subsection, the term
‘socially disadvantaged farmer or rancher’ has the
meaning given the term in section 355(e) of the Con-
solidated Farm and Rural Development Act (7 U.S.C.
2003(e)).
‘‘(2) ESTABLISHMENT OF POSITION.—The Sec-
retary shall establish within the Department the posi-
tion of Assistant Secretary of Agriculture for Civil
Rights.
‘‘(3) APPOINTMENT.—The Assistant Secretary of
Agriculture for Civil Rights shall be appointed by the
President, by and with the advice and consent of the
Senate.
‘‘(4) DUTIES.—The Assistant Secretary of Agri-
culture for Civil Rights shall—
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‘‘(A) enforce and coordinate compliance
with all civil rights laws and related laws—
‘‘(i) by the agencies of the Department;
and
‘‘(ii) under all programs of the Depart-
ment (including all programs supported
with Department funds);
‘‘(B) ensure that—
‘‘(i) the Department has measurable
goals for treating customers and employees
fairly and on a nondiscriminatory basis;
and
‘‘(ii) the goals and the progress made
in meeting the goals are included in—
‘‘(I) strategic plans of the Depart-
ment; and
‘‘(II) annual reviews of the plans;
‘‘(C) compile and publicly disclose data
used in assessing civil rights compliance in
achieving on a nondiscriminatory basis partici-
pation of socially disadvantaged farmers and
ranchers in programs of the Department;
‘‘(D)(i) hold Department agency heads and
senior executives accountable for civil rights com-
pliance and performance; and
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‘‘(ii) assess performance of Department
agency heads and senior executives on the basis
of success made in those areas;
‘‘(E) ensure, to the maximum extent
practicable—
‘‘(i) a sufficient level of participation
by socially disadvantaged farmers and
ranchers in deliberations of county and
area committees established under section
8(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)); and
‘‘(ii) that participation data and elec-
tion results involving the committees are
made available to the public; and
‘‘(F) perform such other functions as may
be prescribed by the Secretary.’’.
(b) COMPENSATION.—Section 5315 of title 5, United
States Code, is amended by striking ‘‘Assistant Secretaries
of Agriculture (2)’’ and inserting ‘‘Assistant Secretaries of
Agriculture (3)’’.
(c) CONFORMING AMENDMENTS.—Section 296(b) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 7014(b)) is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the
end;
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(2) in paragraph (4), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(5) the authority of the Secretary to establish
within the Department the position of Assistant Sec-
retary of Agriculture for Civil Rights under section
218(f).’’.
SEC. 1057. TRANSPARENCY AND ACCOUNTABILITY FOR SO-
CIALLY 
DISADVANTAGED 
FARMERS 
AND
RANCHERS; PUBLIC DISCLOSURE REQUIRE-
MENTS FOR COUNTY COMMITTEE ELECTIONS.
(a) TRANSPARENCY AND ACCOUNTABILITY FOR SO-
CIALLY DISADVANTAGED FARMERS AND RANCHERS.—The
Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by inserting after section 2501 (7 U.S.C. 2279)
the following:
‘‘SEC. 2501A. TRANSPARENCY AND ACCOUNTABILITY FOR
SOCIALLY DISADVANTAGED FARMERS AND
RANCHERS.
‘‘(a) PURPOSE.—The purpose of this section is to en-
sure compilation and public disclosure of data to assess and
hold the Department of Agriculture accountable for the non-
discriminatory participation of socially disadvantaged
farmers and ranchers in programs of the Department.
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‘‘(b) DEFINITION
OF
SOCIALLY
DISADVANTAGED
FARMER OR RANCHER.—In this section, the term ‘socially
disadvantaged farmer or rancher’ has the meaning given
the term in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e)).
‘‘(c) COMPILATION
OF
PROGRAM
PARTICIPATION
DATA.—
‘‘(1) ANNUAL REQUIREMENT.—For each county
and State in the United States, the Secretary shall
compute annually the participation rate of socially
disadvantaged farmers and ranchers as a percentage
of the total participation of all farmers and ranchers
for each program of the Department of Agriculture es-
tablished for farmers or ranchers.
‘‘(2) DETERMINATION
OF
PARTICIPATION.—In
determining the rates under paragraph (1), the Sec-
retary shall consider, for each county and State, the
number of socially disadvantaged farmers and ranch-
ers of each race, ethnicity, and gender in proportion
to the total number of farmers and ranchers partici-
pating in each program.’’.
(b) PUBLIC DISCLOSURE REQUIREMENTS FOR COUNTY
COMMITTEE ELECTIONS.—Section 8(b)(5) of the Soil Con-
servation and Domestic Allotment Act (16 U.S.C.
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590h(b)(5)) is amended by striking subparagraph (B) and
inserting the following:
‘‘(B) ESTABLISHMENT AND ELECTIONS FOR
COUNTY, AREA, OR LOCAL COMMITTEES.—
‘‘(i) ESTABLISHMENT.—
‘‘(I) IN GENERAL.—In each coun-
ty or area in which activities are car-
ried out under this section, the Sec-
retary shall establish a county or area
committee.
‘‘(II) 
LOCAL
ADMINISTRATIVE
AREAS.—The Secretary may designate
local administrative areas within a
county or a larger area under the ju-
risdiction of a committee established
under subclause (I).
‘‘(ii) COMPOSITION OF COUNTY, AREA,
OR LOCAL COMMITTEES.—A committee es-
tablished under clause (i) shall consist of
not fewer than 3 nor more than 5 members
that—
‘‘(I) are fairly representative of
the agricultural producers within the
area covered by the county, area, or
local committee; and
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‘‘(II) are elected by the agricul-
tural producers that participate or co-
operate 
in 
programs 
administered
within the area under the jurisdiction
of the county, area, or local committee.
‘‘(iii) ELECTIONS.—
‘‘(I) IN
GENERAL.—Subject to
subclauses (II) through (V), the Sec-
retary shall establish procedures for
nominations and elections to county,
area, or local committees.
‘‘(II) NONDISCRIMINATION STATE-
MENT.—Each solicitation of nomina-
tions for, and notice of elections of, a
county, area, or local committee shall
include the nondiscrimination state-
ment used by the Secretary.
‘‘(III) NOMINATIONS.—
‘‘(aa) ELIGIBILITY.—To be
eligible for nomination and elec-
tion to the applicable county,
area, or local committee, as deter-
mined by the Secretary, an agri-
cultural producer shall be located
within the area under the juris-
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diction of a county, area, or local
committee, and participate or co-
operate in programs administered
within that area.
‘‘(bb) OUTREACH.—In addi-
tion to such nominating proce-
dures as the Secretary may pre-
scribe, the Secretary shall solicit
and accept nominations from or-
ganizations representing the inter-
ests 
of 
socially 
disadvantaged
groups (as defined in section
355(e)(1) 
of 
the 
Consolidated
Farm and Rural Development Act
(7 U.S.C. 2003(e)(1)).
‘‘(IV) OPENING OF BALLOTS.—
‘‘(aa) PUBLIC
NOTICE.—At
least 10 days before the date on
which ballots are to be opened and
counted, a county, area, or local
committee 
shall 
announce 
the
date, time, and place at which
election ballots will be opened and
counted.
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‘‘(bb) 
OPENING
OF
BAL-
LOTS.—Election ballots shall not
be opened until the date and time
announced under item (aa).
‘‘(cc) 
OBSERVATION.—Any
person may observe the opening
and counting of the election bal-
lots.
‘‘(V) REPORT OF ELECTION.—Not
later than 20 days after the date on
which an election is held, a county,
area, or local committee shall file an
election report with the Secretary and
the State office of the Farm Service
Agency that includes—
‘‘(aa) the number of eligible
voters in the area covered by the
county, area, or local committee;
‘‘(bb) the number of ballots
cast in the election by eligible vot-
ers (including the percentage of el-
igible voters that cast ballots);
‘‘(cc) the number of ballots
disqualified in the election;
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‘‘(dd) the percentage that the
number of ballots disqualified is
of the number of ballots received;
‘‘(ee) the number of nominees
for each seat up for election;
‘‘(ff) the race, ethnicity, and
gender of each nominee, as pro-
vided through the voluntary self-
identification of each nominee;
and
‘‘(gg) the final election re-
sults (including the number of
ballots received by each nominee).
‘‘(VI) NATIONAL
REPORT.—Not
later than 90 days after the date on
which the first election of a county,
area, or local committee that occurs
after the date of enactment of the Agri-
culture, Conservation, and Rural En-
hancement Act of 2002 is held, the Sec-
retary shall complete a report that con-
solidates all the election data reported
to the Secretary under subclause (V).
‘‘(VII) ELECTION REFORM.—
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‘‘(aa) ANALYSIS.—If deter-
mined necessary by the Secretary
after analyzing the data contained
in the report under subclause
(VI), the Secretary shall promul-
gate and publish in the Federal
Register proposed uniform guide-
lines for conducting elections for
members and alternate members
of county, area, and local commit-
tees not later than 1 year after the
date of completion of the report.
‘‘(bb) INCLUSION.—The pro-
cedures promulgated by the Sec-
retary under item (aa) shall en-
sure fair representation of socially
disadvantaged groups described in
subclause (III)(bb) in an area
covered by the county, area, or
local committee, in cases in which
those groups are underrepresented
on the county, area, or local com-
mittee for that area.
‘‘(cc) METHODS
OF
INCLU-
SION.—Notwithstanding 
clause
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(ii), the Secretary may ensure in-
clusion of socially disadvantaged
farmers and ranchers through
provisions allowing for appoint-
ment of additional voting mem-
bers to a county, area, or local
committee or through other meth-
ods.
‘‘(iv) TERM OF OFFICE.—The term of
office for a member of a county, area, or
local committee shall not exceed 3 years.
‘‘(v) PUBLIC
AVAILABILITY
AND
RE-
PORT TO CONGRESS.—
‘‘(I) PUBLIC
DISCLOSURE.—The
Secretary shall maintain and make
readily available to the public, via
website and otherwise in electronic and
paper form, all data required to be col-
lected and computed under section
2501A(c) of the Food, Agriculture,
Conservation, and Trade Act of 1990
and clause (iii)(V) collected annually
since the most recent Census of Agri-
culture.
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‘‘(II) REPORT
TO
CONGRESS.—
After each Census of Agriculture, the
Secretary shall report to Congress the
rate of loss or gain in participation by
each socially disadvantaged group, by
race, ethnicity, and gender, since the
previous Census.’’.
SEC. 1058. ANIMAL ENTERPRISE TERRORISM.
(a) IN GENERAL.—Section 43 of title 18, United
States Code, is amended—
(1) by striking subsections (a) and (b) and in-
serting the following:
‘‘(a) OFFENSE.—
‘‘(1) IN GENERAL.—It shall be unlawful for a
person to—
‘‘(A) travel in interstate or foreign com-
merce, or use or cause to be used the mail or any
facility in interstate or foreign commerce, for the
purpose of causing physical disruption to the
functioning of an animal enterprise; and
‘‘(B) intentionally damage or cause the loss
of any property (including an animal or record)
used by the animal enterprise, or conspire to do
so.
‘‘(b) PENALTIES.—
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‘‘(1) ECONOMIC DAMAGE.—A person that, in the
course of a violation of subsection (a), causes eco-
nomic damage to an animal enterprise in an amount
less than $10,000 shall be imprisoned not more than
6 months, fined under this title, or both.
‘‘(2) MAJOR ECONOMIC DAMAGE.—A person that,
in the course of a violation of subsection (a), causes
economic damage to an animal enterprise in an
amount equal to or greater than $10,000 shall be im-
prisoned not more than 3 years, fined under this title,
or both.
‘‘(3) SERIOUS BODILY INJURY.—A person that,
in the course of a violation of subsection (a), causes
serious bodily injury to another individual shall be
imprisoned not more than 20 years, fined under this
title, or both.
‘‘(4) DEATH.—A person that, in the course of a
violation of subsection (a), causes the death of an in-
dividual shall be imprisoned for life or for any term
of years, fined under this title, or both.’’; and
(2) in subsection (c)—
(A) in the matter preceding paragraph (1),
by striking ‘‘restitution—’’ and inserting ‘‘res-
titution for—’’;
(B) in paragraph (1)—
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(i) by striking ‘‘for’’; and
(ii) by striking ‘‘and’’ at the end;
(C) in paragraph (2), by striking the period
at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(3) any other economic damage resulting from
the offense.’’.
SEC. 1059. PSEUDORABIES ERADICATION PROGRAM.
Section 2506(d) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (21 U.S.C. 114i(d)) is amended
by striking ‘‘2002’’ and inserting ‘‘2006’’.
SEC. 1060. TRANSPORTATION OF POULTRY AND OTHER ANI-
MALS.
Section 5402(d)(2) of title 39, United States Code (as
amended by section 651(2) of Public Law 107–67 (115 Stat.
557)), is amended by striking subparagraph (C).
SEC. 1061. EMERGENCY GRANTS TO ASSIST LOW-INCOME
MIGRANT AND SEASONAL FARMWORKERS.
Section 2281 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (42 U.S.C. 5177a) is amended—
(1) in subsection (a), by striking ‘‘, not to exceed
$20,000,000 annually,’’; and
(2) by striking subsection (c) and inserting the
following:
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‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$40,000,000 for each of fiscal years 2002 through 2006.’’.
SEC. 1062. TREE ASSISTANCE PROGRAM.
(a) IN GENERAL.—Section 194 of the Federal Agri-
culture Improvement and Reform Act of 1996 (Public Law
104–127; 110 Stat. 945) is amended to read as follows:
‘‘SEC. 194. TREE ASSISTANCE PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ORCHARDIST.—The term ‘eligible
orchardist’ means a person that produces annual
crops from trees for commercial purposes,
‘‘(2) NATURAL
DISASTER.—The term ‘natural
disaster’ means plant disease, insect infestation,
drought, fire, freeze, flood, earthquake, and other nat-
ural occurrences, as determined by the Secretary.
‘‘(3) TREE.—The term ‘tree’ includes trees,
bushes, and vines.
‘‘(4) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(b) ELIGIBILITY.—
‘‘(1) LOSS.—Subject to paragraph (2), the Sec-
retary shall provide assistance in accordance with
subsection (c) to eligible orchardists that, as deter-
mined by the Secretary—
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‘‘(A) planted trees for commercial purposes;
and
‘‘(B) lost those trees as a result of a natural
disaster.
‘‘(2) LIMITATION.—An eligible orchardist shall
qualify for assistance under subsection (c) only if the
tree mortality rate of the orchardist, as a result of the
natural disaster, exceeds 15 percent (adjusted for nor-
mal mortality), as determined by the Secretary.
‘‘(c) ASSISTANCE.—
‘‘(1) IN GENERAL.—Assistance provided by the
Secretary to eligible orchardists for losses described in
subsection (b) shall consist of—
‘‘(A) reimbursement of 75 percent of the cost
of replanting trees lost due to a natural disaster,
as determined by the Secretary, in excess of 15
percent mortality (adjusted for normal mor-
tality); or
‘‘(B) at the discretion of the Secretary, suf-
ficient tree seedlings to reestablish the stand.
‘‘(2) LIMITATION ON ASSISTANCE.—
‘‘(A) LIMITATION.—The total amount of
payments that a person may receive under this
section shall not exceed—
‘‘(i) $100,000; or
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‘‘(ii) an equivalent value in tree seed-
lings.
‘‘(B) REGULATIONS.—The Secretary shall
promulgate regulations that—
‘‘(i) define the term ‘person’ for the
purposes of this section (which definition
shall conform, to the extent practicable, to
the regulations defining the term ‘person’
promulgated under section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308); and
‘‘(ii) prescribe such rules as the Sec-
retary determines are necessary to ensure a
fair and reasonable application of the limi-
tation established under this section.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Notwith-
standing section 161, there is authorized to be appropriated
such sums as are necessary to carry out this section for each
of fiscal years 2002 through 2006.’’.
(b) APPLICATION DATE.—The amendment made by
subsection (a) shall apply to tree losses that are incurred
as a result of a natural disaster after January 1, 2000.
SEC. 1063. PRECLEARANCE QUARANTINE INSPECTIONS.
The Food, Agriculture, Conservation, and Trade Act
of 1990 is amended by inserting after section 2505 (Public
Law 101–624; 104 Stat. 4068) the following:
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‘‘SEC. 2505A. PRECLEARANCE QUARANTINE INSPECTIONS.
‘‘(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary of Agriculture, acting through the Administrator of
the Animal and Plant Health Inspection Service, shall con-
duct, at all direct departure and interline airports in the
State of Hawaii, preclearance quarantine inspections of
persons, baggage, cargo, and any other articles destined for
movement from the State of Hawaii to—
‘‘(1) the continental United States;
‘‘(2) Guam;
‘‘(3) Puerto Rico; or
‘‘(4) the Virgin Islands of the United States.
‘‘(b) LIMITATION.—Subsection (a) shall not be imple-
mented unless appropriations for necessary expenses of the
Animal and Plant Health Inspection Service for inspection,
quarantine, and regulatory activities are increased by an
amount not less than $3,000,000 in a fiscal year 2002 ap-
propriation Act other than the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agen-
cies Appropriations Act, 2002 (Public Law 107–76).’’.
SEC. 1064. EMERGENCY LOANS FOR SEED PRODUCERS.
Section 253(b)(5)(B) of the Agricultural Risk Protec-
tion Act of 2000 (Public Law 106–224; 114 Stat. 423) is
amended by striking ‘‘18 months’’ and inserting ‘‘54
months’’.
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SEC. 1065. NATIONAL ORGANIC CERTIFICATION COST-
SHARE PROGRAM.
(a) IN GENERAL.—Of funds of the Commodity Credit
Corporation, the Secretary of Agriculture (acting through
the Agricultural Marketing Service) shall use $3,500,000 for
fiscal year 2002, $3,500,000 for each of fiscal years 2003
and 2004, and $3,000,000 for fiscal year 2005 to establish
a national organic certification cost-share program to assist
producers and handlers of agricultural products in obtain-
ing certification under the national organic production pro-
gram 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 han-
dler in obtaining certification under the national or-
ganic production program, as certified to and ap-
proved 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. 1066. FOOD SAFETY COMMISSION.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established a com-
mission to be known as the ‘‘Food Safety Commis-
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sion’’ (referred to in this section as the ‘‘Commis-
sion’’).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall
be composed of 15 members, of whom—
(i) 4 shall be appointed by the Major-
ity Leader of the Senate;
(ii) 3 shall be appointed by the Minor-
ity Leader of the Senate;
(iii) 4 shall be appointed by the Speak-
er of the House of Representatives;
(iv) 3 shall be appointed by the Minor-
ity Leader of the House of Representatives;
and
(v) 1 shall—
(I) be appointed jointly by the
Speaker of the House of Representa-
tives and the Majority Leader of the
Senate; and
(II) serve as chairperson.
(B) 
ELIGIBILITY.—Members 
of 
the
Commission—
(i) shall be knowledgeable or have ex-
pertise or training in matters under the ju-
risdiction of the Commission;
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(ii) shall represent, at a minimum—
(I) consumer groups;
(II) food processors, producers,
and retailers;
(III) public health professionals;
(IV) food inspectors;
(V) former or current food safety
regulators;
(VI) members of academia; or
(VII) any other interested indi-
viduals; and
(iii) shall not be Federal employees.
(C) DATE
OF
APPOINTMENTS.—The ap-
pointment of a member of the Commission shall
be made not later than 60 days after the date of
enactment of this Act.
(D) CONSULTATION.—The Speaker of the
House of Representatives, the Minority Leader of
the House of Representatives, the Majority Lead-
er of the Senate, and the Minority Leader of the
Senate shall consult among themselves prior to
appointing the members of the Commission
under subparagraph (A) to achieve, to the max-
imum extent practicable—
(i) consensus on the appointments; and
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(ii) fair and equitable representation of
various points of view with respect to mat-
ters reviewed by the Commission.
(E) 
VACANCIES.—A 
vacancy 
on 
the
Commission—
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled—
(I) not later than 60 days after
the date on which the vacancy occurs;
and
(II) in the same manner as the
original appointment was made.
(3) MEETINGS.—
(A) INITIAL MEETING.—The initial meeting
of the Commission shall be conducted not later
than 30 days after the later of—
(i) the date of appointment of the final
member of the Commission; or
(ii) the date on which funds authorized
to be appropriated under subsection (f)(1)
are made available.
(B) OTHER
MEETINGS.—The Commission
shall meet at the call of the Chairperson.
(4) QUORUM; STANDING RULES.—
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(A) QUORUM.—A majority of the members
of the Commission shall constitute a quorum to
conduct business.
(B) STANDING RULES.—At the first meeting
of the Commission, the Commission shall adopt
standing rules of the Commission to guide the
conduct of business and decisionmaking of the
Commission.
(C) CONSENSUS.—
(i) IN GENERAL.—To the maximum ex-
tent practicable, the Commission shall carry
out the duties of the Commission by reach-
ing consensus.
(ii) VOTING.—
(I) IN GENERAL.—If the Commis-
sion is unable to achieve consensus
with respect to a particular decision,
the Commission shall vote on the deci-
sion.
(II) AUTHORITY.—Each member
of the Commission shall have 1 vote,
which vote shall be accorded the same
weight as a vote of each other voting
member.
(b) DUTIES.—
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(1) RECOMMENDATIONS.—
(A) IN
GENERAL.—The Commission shall
make specific recommendations that build on
and implement, to the maximum extent prac-
ticable, the recommendations contained in the re-
port of the National Academy of Sciences enti-
tled ‘‘Ensuring Safe Food from Production to
Consumption’’ and that shall serve as the basis
for draft legislative language to—
(i) improve the food safety system;
(ii) improve public health;
(iii) create a harmonized, central
framework for managing Federal food safety
programs (including outbreak management,
standard-setting, 
inspection, 
monitoring,
surveillance, risk assessment, enforcement,
research, and education);
(iv) enhance the effectiveness of Federal
food safety resources; and
(v) eliminate, to the maximum extent
practicable, gaps, conflicts, duplication, and
failures in the food safety system.
(B) 
COMPONENTS.—Recommendations
made by the Commission under subparagraph
(A) shall, at a minimum, address—
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(i) all food available commercially in
the United States, including meat, poultry,
eggs, seafood, and produce;
(ii) the application of all resources
based on risk, including resources for in-
spection, research, enforcement, and edu-
cation;
(iii) shortfalls, redundancy, and incon-
sistency in laws (including regulations);
and
(iv) the use of science-based methods,
performance standards, and preventative
control systems to ensure the safety of the
food supply of the United States.
(2) REPORT.—Not later than 1 year after the
date on which the Commission first meets, the Com-
mission shall submit to the President and Congress a
comprehensive report that includes—
(A) the findings, conclusions, and rec-
ommendations of the Commission;
(B) a summary of any reports submitted to
the Commission under subsection (e) by—
(i) the Advisory Commission on Inter-
governmental Relations; and
(ii) the National Academy of Sciences;
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(C) a summary of any other material used
by the Commission in the preparation of the re-
port under this paragraph; and
(D) if requested by 1 or more members of
the Commission, a statement of the minority
views of the Commission.
(c) POWERS OF THE COMMISSION.—
(1) HEARINGS.—The Commission or, at the di-
rection of the Commission, any subcommittee or mem-
ber of the Commission, may, for the purpose of car-
rying out this section hold such hearings, meet and
act at such times and places, take such testimony, re-
ceive such evidence, and administer such oaths, as the
Commission or such subcommittee or member con-
siders advisable.
(2) WITNESS ALLOWANCES AND FEES.—
(A) IN GENERAL.—Section 1821 of title 28,
United States Code, shall apply to a witness re-
quested to appear at a hearing of the Commis-
sion.
(B) EXPENSES.—The per diem and mileage
allowances for a witness shall be paid from funds
available to pay the expenses of the Commission.
(3) INFORMATION FROM FEDERAL AGENCIES.—
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(A) IN GENERAL.—The Commission may se-
cure directly, from any Federal Department or
agency, such information as the Commission
considers necessary to carry out the duties of the
Commission under subsection (b).
(B) PROVISION OF INFORMATION.—
(i) IN GENERAL.—Subject to subpara-
graph (C), on the request of the Commis-
sion, the head of a department or agency
described in subparagraph (A) shall furnish
information requested by the Commission to
the Commission.
(ii) ADMINISTRATION.—The furnishing
of information by a department or agency
to the Commission shall not be considered a
waiver of any exemption available to the
department or agency under section 552 of
title 5, United States Code.
(C) INFORMATION TO BE KEPT CONFIDEN-
TIAL.—
(i) IN GENERAL.—For purposes of sec-
tion 1905 of title 18, United States Code—
(I) the Commission shall be con-
sidered an agency of the Federal Gov-
ernment; and
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(II) any individual employed by
an individual, entity, or organization
that is a party to a contract with the
Commission under subsection (e) shall
be considered an employee of the Com-
mission.
(ii) PROHIBITION
ON
DISCLOSURE.—
Information obtained by the Commission,
other than information that is available to
the public, shall not be disclosed to any per-
son in any manner except—
(I) to an employee of the Commis-
sion described in clause (i), for the
purpose of receiving, reviewing, or
processing the information;
(II) in compliance with a court
order; or
(III) in any case in which the in-
formation is publicly released by the
Commission in an aggregate or sum-
mary form that does not directly or in-
directly disclose—
(aa) the identity of any per-
son or business entity; or
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(bb) any information the re-
lease of which is prohibited under
section 1905 of title 18, United
States Code.
(d) COMMISSION PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—A member of
the Commission shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for
each day (including travel time) during which the
member is engaged in the performance of the duties
of the Commission.
(2) TRAVEL EXPENSES.—A member of the Com-
mission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
an employee of an agency under subchapter I of chap-
ter 57 of title 5, United States Code, while away from
the home or regular place of business of the member
in the performance of the duties of the Commission.
(3) STAFF.—
(A) IN GENERAL.—The Chairperson of the
Commission may, without regard to the civil
service laws (including regulations), appoint and
terminate an executive director and such other
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additional personnel as are necessary to enable
the Commission to perform the duties of the
Commission.
(B) CONFIRMATION OF EXECUTIVE DIREC-
TOR.—The employment of an executive director
shall be subject to confirmation by the Commis-
sion.
(C) COMPENSATION.—
(i) IN GENERAL.—Except as provided
in clause (ii), the Chairperson of the Com-
mission may fix the compensation of the ex-
ecutive director and other personnel without
regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5,
United States Code, relating to classifica-
tion of positions and General Schedule pay
rates.
(ii) MAXIMUM RATE OF PAY.—The rate
of pay for the executive director and other
personnel shall not exceed the rate payable
for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(4) DETAIL OF FEDERAL GOVERNMENT EMPLOY-
EES.—
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(A) IN
GENERAL.—Notwithstanding any
other provision of law (including an Act of ap-
propriation), an employee of the Federal Govern-
ment may be detailed to the Commission, with-
out reimbursement, for such period of time as the
Commission may require.
(B) CIVIL SERVICE STATUS.—The detail of
the employee shall be without interruption or
loss of civil service status or privilege.
(5) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairperson of the Com-
mission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5,
United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(e) CONTRACTS FOR RESEARCH.—
(1) ADVISORY
COMMISSION
ON
INTERGOVERN-
MENTAL RELATIONS.—
(A) IN GENERAL.—In carrying out the du-
ties of the Commission under subsection (b), the
Commission may enter into contracts with the
Advisory Commission on Intergovernmental Re-
lations under which the Advisory Commission on
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Intergovernmental Relations shall conduct a
thorough review of, and shall catalogue, all ap-
plicable Federal, State, local, and tribal laws,
regulations, and ordinances that pertain to food
safety in the United States.
(B) REPORT.—A contract under subpara-
graph (A) shall require that, not later than 240
days after the date on which the Commission
first meets, the Advisory Commission on Inter-
governmental Relations shall submit to the Com-
mission a report that describes the results of the
services rendered by the Advisory Commission on
Intergovernmental Relations under the contract.
(2) NATIONAL ACADEMY OF SCIENCES.—
(A) IN GENERAL.—In carrying out the du-
ties of the Commission under subsection (b), the
Commission may enter in contracts with the Na-
tional Academy of Sciences to obtain research or
other assistance.
(B) REPORT.—A contract under subpara-
graph (A) shall require that, not later than 240
days after the date on which the Commission
first meets, the National Academy of Sciences
shall submit to the Commission a report that de-
scribes the results of the services to be rendered
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by the National Academy of Sciences under the
contract.
(3) OTHER
ORGANIZATIONS.—Nothing in this
subsection limits or otherwise affects the ability of the
Commission to enter into a contract with an entity
or organization that is not described in paragraph
(1) or (2) to obtain assistance in conducting research
necessary to carry out the duties of the Commission
under subsection (b).
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $3,000,000.
(2) LIMITATION.—No payment may be made
under subsection (d) or (e) except to the extent pro-
vided for in advance in an appropriations Act.
(g) TERMINATION.—The Commission shall terminate
on the date that is 60 days after the date on which the Com-
mission submits the recommendations and report under
subsection (b).
SEC. 1067. HUMANE METHODS OF ANIMAL SLAUGHTER.
It is the sense of Congress that—
(1) the Secretary of Agriculture should—
(A) resume tracking the number of viola-
tions of Public Law 85–765 (7 U.S.C. 1901 et
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seq.) and report the results and relevant trends
annually to Congress; and
(B) fully enforce Public Law 85–765 by en-
suring that humane methods in the slaughter of
livestock—
(i) prevent needless suffering;
(ii) result in safer and better working
conditions for persons engaged in the
slaughtering of livestock;
(iii) bring about improvement of prod-
ucts and economies in slaughtering oper-
ations; and
(iv) produce other benefits for pro-
ducers, processors, and consumers that tend
to expedite an orderly flow of livestock and
livestock products in interstate and foreign
commerce; and
(2) it should be the policy of the United States
that the slaughtering of livestock and the handling of
livestock in connection with slaughter shall be carried
out only by humane methods.
SEC. 1068. PENALTIES FOR VIOLATIONS OF PLANT PROTEC-
TION ACT.
Section 424 of the Plant Protection Act (7 U.S.C.
7734) is amended—
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(1) by striking subsection (a) and inserting the
following:
‘‘(a) CRIMINAL PENALTIES.—
‘‘(1) IN
GENERAL.—A person that knowingly
violates this title shall be subject to criminal penalties
in accordance with this subsection.
‘‘(2) MAJOR VIOLATIONS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), a person that commits a
violation of this title described in this subpara-
graph shall be guilty of a felony and, on convic-
tion, shall be imprisoned not more than 5 years,
fined not more than $25,000, or both, in the case
of a violation of this title involving—
‘‘(i) plant pests;
‘‘(ii) more than 50 pounds of plants;
‘‘(iii) more than 5 pounds of plant
products;
‘‘(iv) more than 50 pounds of noxious
weeds;
‘‘(v) possession with intent to dis-
tribute or sell items described in clause (i),
(ii), (iii), or (iv), knowing the items have
been involved in a violation of this title; or
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‘‘(vi) forging, counterfeiting, or without
authority from the Secretary, using, alter-
ing, defacing, or destroying a certificate,
permit, or other document provided under
this title.
‘‘(B) MULTIPLE VIOLATIONS.—On the sec-
ond and any subsequent conviction of a person
of a violation of this title described in subpara-
graph (A), the person shall be imprisoned not
more than 10 years or fined not more than
$50,000, or both.
‘‘(C) INTENT
TO
HARM
AGRICULTURE
OF
UNITED
STATES.—In the case of a knowing
movement in violation of this title by a person
of a plant, plant product, biological control orga-
nism, plant pest, noxious weed, article, or means
of conveyance into, out of, or within the United
States, with the intent to harm the agriculture of
the United States by introduction into the
United States or dissemination of a plant pest or
noxious weed within the United States, the per-
son shall be imprisoned not less than 10 nor
more than 20 years, fined not more than
$500,000, or both.
‘‘(3) OTHER VIOLATIONS.—
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a person shall be imprisoned not
more than 1 year, fined not more than $1,000,
or both, in the case of a violation of this title
involving—
‘‘(i) 50 pounds or less of plants;
‘‘(ii) 5 pounds or less of plant prod-
ucts; or
‘‘(iii) 50 pounds or less of noxious
weeds.
‘‘(B) MULTIPLE VIOLATIONS.—On the sec-
ond and any subsequent conviction of a person
that commits a violation of this title described in
this subparagraph shall be guilty of a mis-
demeanor and, on conviction, of a violation of
this title described in subparagraph (A), the per-
son shall be imprisoned not more than 3 years,
fined not more than $10,000, or both.’’;
(2) by redesignating subsections (b), (c), and (d)
as subsections (c), (e), (f), respectively;
(3) by inserting after subsection (a) the fol-
lowing:
‘‘(b) CRIMINAL FORFEITURE.—
‘‘(1) IN GENERAL.—In imposing a sentence on a
person convicted of a violation of this title, in addi-
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tion to any other penalty imposed under this section
and irrespective of any provision of State law, a
court shall order that the person forfeit to the United
States—
‘‘(A) any of the property of the person used
to commit or to facilitate the commission of the
violation (other than a misdemeanor); and
‘‘(B) any property, real or personal, consti-
tuting, derived from, or traceable to any proceeds
that the person obtained directly or indirectly as
a result of the violation.
‘‘(2) PROCEDURES.—All property subject to for-
feiture under this subsection, any seizure and disposi-
tion of the property, and any proceeding relating to
the forfeiture shall be subject to the procedures of sec-
tion 413 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 853), other than
subsections (d) and (q).
‘‘(3) PROCEEDS.—The proceeds from the sale of
any forfeited property, and any funds forfeited, under
this subsection shall be used—
‘‘(A) first, to reimburse the Department of
Justice, the United States Postal Service, and
the Department of the Treasury for any costs in-
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curred by the Departments and the Service to
initiate and complete the forfeiture proceeding;
‘‘(B) second, to reimburse the Office of In-
spector General of the Department of Agriculture
for any costs incurred by the Office in the law
enforcement effort resulting in the forfeiture;
‘‘(C) third, to reimburse any Federal or
State law enforcement agency for any costs in-
curred in the law enforcement effort resulting in
the forfeiture; and
‘‘(D) fourth, by the Secretary to carry out
the functions of the Secretary under this title.’’;
and
(4) by inserting after subsection (c) (as redesig-
nated by paragraph (2)) the following:
‘‘(c) CIVIL FORFEITURE.—
‘‘(1) IN GENERAL.—There shall be subject to for-
feiture to the United States any property, real or
personal—
‘‘(A) used to commit or used knowingly to
facilitate the commission of a violation (other
than a misdemeanor) described in subsection (a);
or
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‘‘(B) constituting, derived from, or traceable
to proceeds of a violation described in subsection
(a).
‘‘(2) PROCEDURES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the procedures of chapter 46 of title
18, United States Code, relating to civil forfeit-
ures shall apply to a seizure or forfeiture under
this subsection, to the extent that the procedures
are applicable and consistent with this sub-
section.
‘‘(B) PERFORMANCE
OF
DUTIES.—Duties
imposed on the Secretary of the Treasury under
chapter 46 of title 18, United States Code, shall
be performed with respect to seizures and forfeit-
ures under this subsection by officers, employees,
agents, and other persons designated by the Sec-
retary of Agriculture.’.
SEC. 1069. CONNECTICUT RIVER ATLANTIC SALMON COM-
MISSION.
(a) EFFECTIVE PERIOD.—Section 3(2) of Public Law
98–138 (Public Law 98–138; 97 Stat. 870) is amended by
striking ‘‘twenty’’ and inserting ‘‘40’’.
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(b) AUTHORIZATION
OF
APPROPRIATIONS.—Public
Law 98–138 (97 Stat. 866) is amended by adding at the
end the following:
‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to the Sec-
retary of the Interior to carry out the activities of the Con-
necticut River Atlantic Salmon Commission $9,000,000 for
each of fiscal years 2002 through 2010.’’.
SEC. 1070. BEAR PROTECTION.
(a) SHORT TITLE.—This section may be cited as the
‘‘Bear Protection Act of 2002’’.
(b) FINDINGS.—Congress finds that—
(1) all 8 extant species of bear—Asian black
bear, brown bear, polar bear, American black bear,
spectacled bear, giant panda, sun bear, and sloth
bear—are listed on Appendix I or II of the Conven-
tion on International Trade in Endangered Species of
Wild Fauna and Flora (27 UST 1087; TIAS 8249);
(2)(A) Article XIV of CITES provides that Par-
ties to CITES may adopt stricter domestic measures
regarding the conditions for trade, taking, possession,
or transport of species listed on Appendix I or II; and
(B) the Parties to CITES adopted a resolution
in 1997 (Conf. 10.8) urging the Parties to take imme-
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diate action to demonstrably reduce the illegal trade
in bear parts;
(3)(A) thousands of bears in Asia are cruelly
confined in small cages to be milked for their bile;
and
(B) the wild Asian bear population has declined
significantly in recent years as a result of habitat loss
and poaching due to a strong demand for bear viscera
used in traditional medicines and cosmetics;
(4) Federal and State undercover operations
have revealed that American bears have been poached
for their viscera;
(5) while most American black bear populations
are generally stable or increasing, commercial trade
could stimulate poaching and threaten certain popu-
lations if the demand for bear viscera increases; and
(6) prohibitions against the importation into the
United States and exportation from the United
States, as well as prohibitions against the interstate
trade, of bear viscera and products containing, or la-
beled or advertised as containing, bear viscera will
assist in ensuring that the United States does not
contribute to the decline of any bear population as a
result of the commercial trade in bear viscera.
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(c) PURPOSE.—The purpose of this section is to ensure
the long-term viability of the world’s 8 bear species by—
(1) prohibiting interstate and international
trade in bear viscera and products containing, or la-
beled or advertised as containing, bear viscera;
(2) encouraging bilateral and multilateral efforts
to eliminate such trade; and
(3) ensuring that adequate Federal legislation
exists with respect to domestic trade in bear viscera
and products containing, or labeled or advertised as
containing, bear viscera.
(d) DEFINITIONS.—In this section:
(1) BEAR
VISCERA.—The term ‘‘bear viscera’’
means the body fluids or internal organs, including
the gallbladder and its contents but not including the
blood or brains, of a species of bear.
(2) CITES.—The term ‘‘CITES’’ means the
Convention on International Trade in Endangered
Species of Wild Fauna and Flora (27 UST 1087;
TIAS 8249).
(3) IMPORT.—The term ‘‘import’’ means to land
on, bring into, or introduce into any place subject to
the jurisdiction of the United States, regardless of
whether the landing, bringing, or introduction con-
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stitutes an importation within the meaning of the
customs laws of the United States.
(4) PERSON.—The term ‘‘person’’ means—
(A) an individual, corporation, partnership,
trust, association, or other private entity;
(B) an officer, employee, agent, department,
or instrumentality of—
(i) the Federal Government;
(ii) any State or political subdivision
of a State; or
(iii) any foreign government; and
(C) any other entity subject to the jurisdic-
tion of the United States.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) STATE.—The term ‘‘State’’ means a State,
the District of Columbia, the Commonwealth of Puer-
to Rico, the Virgin Islands, Guam, the Common-
wealth of the Northern Mariana Islands, American
Samoa, and any other territory, commonwealth, or
possession of the United States.
(7) TRANSPORT.—The term ‘‘transport’’ means
to move, convey, carry, or ship by any means, or to
deliver or receive for the purpose of movement, con-
veyance, carriage, or shipment.
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(e) PROHIBITED ACTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), a person shall not—
(A) import into, or export from, the United
States bear viscera or any product, item, or sub-
stance containing, or labeled or advertised as
containing, bear viscera; or
(B) sell or barter, offer to sell or barter,
purchase, possess, transport, deliver, or receive,
in interstate or foreign commerce, bear viscera or
any product, item, or substance containing, or
labeled or advertised as containing, bear viscera.
(2) EXCEPTION FOR WILDLIFE LAW ENFORCE-
MENT PURPOSES.—A person described in subsection
(d)(4)(B) may import into, or export from, the
United States, or transport between States, bear
viscera or any product, item, or substance containing,
or labeled or advertised as containing, bear viscera if
the importation, exportation, or transportation—
(A) is solely for the purpose of enforcing
laws relating to the protection of wildlife; and
(B) is authorized by a valid permit issued
under Appendix I or II of CITES, in any case
in which such a permit is required under
CITES.
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(f) PENALTIES AND ENFORCEMENT.—
(1) CRIMINAL PENALTIES.—A person that know-
ingly violates subsection (e) shall be fined under title
18, United States Code, imprisoned not more than 1
year, or both.
(2) CIVIL PENALTIES.—
(A) AMOUNT.—A person that knowingly
violates subsection (e) may be assessed a civil
penalty by the Secretary of not more than
$25,000 for each violation.
(B) MANNER OF ASSESSMENT AND COLLEC-
TION.—A civil penalty under this paragraph
shall be assessed, and may be collected, in the
manner in which a civil penalty under the En-
dangered Species Act of 1973 may be assessed
and collected under section 11(a) of that Act (16
U.S.C. 1540(a)).
(3) SEIZURE
AND
FORFEITURE.—Any bear
viscera or any product, item, or substance imported,
exported, sold, bartered, attempted to be imported, ex-
ported, sold, or bartered, offered for sale or barter,
purchased, possessed, transported, delivered, or re-
ceived in violation of this subsection (including any
regulation issued under this subsection) shall be seized
and forfeited to the United States.
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(4) REGULATIONS.—After consultation with the
Secretary of the Treasury and the United States
Trade Representative, the Secretary shall issue such
regulations as are necessary to carry out this sub-
section.
(5) ENFORCEMENT.—The Secretary, the Sec-
retary of the Treasury, and the Secretary of the de-
partment in which the Coast Guard is operating shall
enforce this subsection in the manner in which the
Secretaries carry out enforcement activities under sec-
tion 11(e) of the Endangered Species Act of 1973 (16
U.S.C. 1540(e)).
(6) USE OF PENALTY AMOUNTS.—Amounts re-
ceived as penalties, fines, or forfeiture of property
under this subsection shall be used in accordance with
section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).
(g) DISCUSSIONS CONCERNING BEAR CONSERVATION
AND THE BEAR PARTS TRADE.—In order to seek to estab-
lish coordinated efforts with other countries to protect bears,
the Secretary shall continue discussions concerning trade
in bear viscera with—
(1) the appropriate representatives of Parties to
CITES; and
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(2) the appropriate representatives of countries
that are not parties to CITES and that are deter-
mined by the Secretary and the United States Trade
Representative to be the leading importers, exporters,
or consumers of bear viscera.
(h) CERTAIN RIGHTS NOT AFFECTED.—Except as pro-
vided in subsection (e), nothing in this section affects—
(1) the regulation by any State of the bear popu-
lation of the State; or
(2) any hunting of bears that is lawful under
applicable State law (including regulations).
SEC. 1071. REENACTMENT OF FAMILY FARMER BANK-
RUPTCY PROVISIONS.
(a) REENACTMENT.—Notwithstanding any other pro-
vision of law, chapter 12 of title 11, United States Code,
is hereby reenacted.
(b) CONFORMING REPEAL.—Section 302(f) of Public
Law 99–554 (100 Stat. 3124) is repealed.
(c) EFFECTIVE DATE.—This section shall be deemed
to have taken effect on October 1, 2001.
SEC. 1072. PROHIBITION ON PACKERS OWNING, FEEDING,
OR CONTROLLING LIVESTOCK.
(a) IN GENERAL.—Section 202 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 192(f)) (as amended by sec-
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tion 1043(a)), is amended by striking subsection (f) and
inserting the following:
‘‘(f) Own or feed livestock directly, through a sub-
sidiary, or through an arrangement that gives the packer
operational, managerial, or supervisory control over the
livestock, or over the farming operation that produces the
livestock, to such an extent that the producer is no longer
materially participating in the management of the oper-
ation with respect to the production of the livestock, except
that this subsection shall not apply to—
‘‘(1) an arrangement entered into within 14
days before slaughter of the livestock by a packer, a
person acting through the packer, or a person that di-
rectly or indirectly controls, or is controlled by or
under common control with, the packer;
‘‘(2) a cooperative or entity owned by a coopera-
tive, if a majority of the ownership interest in the co-
operative is held by active cooperative members
that—
‘‘(A) own, feed, or control livestock; and
‘‘(B) provide the livestock to the cooperative
for slaughter; or
‘‘(3) a packer that is owned or controlled by pro-
ducers of a type of livestock, if during a calendar year
the packer slaughters less than 2 percent of the head
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of that type of livestock slaughtered in the United
States; or’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to paragraph (2), the
amendments made by subsection (a) take effect on the
date of enactment of this Act.
(2) TRANSITION RULES.—In the case of a packer
that on the date of enactment of this Act owns, feeds,
or controls livestock intended for slaughter in viola-
tion of section 202(f) of the Packers and Stockyards
Act, 1921 (as amended by subsection (a)), the amend-
ments made by subsection (a) apply to the packer—
(A) in the case of a packer of swine, begin-
ning on the date that is 18 months after the date
of enactment of this Act; and
(B) in the case of a packer of any other
type of livestock, beginning as soon as prac-
ticable, but not later than 180 days, after the
date of enactment of this Act, as determined by
the Secretary of Agriculture.
SEC. 1073. EQUITY AND FAIRNESS FOR THE PROMOTION OF
IMPORTED HASS AVOCADOS.
Section 1205 of the Hass Avocado Promotion, Re-
search, and Information Act (contained in H.R. 5426 of
the One Hundred Sixth Congress, as introduced on October
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6, 2000 and as enacted by Public Law 106–387) is
amended—
(1) in subsection (b)(2) after subparagraph (B)
insert—
‘‘(C) FUTURE ALLOCATION.—After 5 years,
the United States Department of Agriculture has
discretion to revisit the issue of seat allocation
on the board.’’.
(2) in subsection (h)(1)(C)(iii) by striking every-
thing in the first sentence following ‘‘shall’’ and in-
serting in lieu thereof ‘‘be paid not less than 30 days
after the avocado clears customs, unless deemed not
feasible as determined by the Commissioner of Cus-
toms in consultation with the Secretary of Agri-
culture.’’.
SEC. 1074. SENSE OF THE SENATE REGARDING SOCIAL SE-
CURITY SURPLUS FUNDS.
(a) FINDINGS.—
(1) Since both political parties have pledged not
to misuse social security surplus funds by spending
them for other purposes.
(2) Since under the Administration’s fiscal year
2003 budget, the Federal Government is projected to
spend the social security surplus for other purposes in
each of the next 10 years.
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(3) Since permanent extension of the inheritance
tax repeal would cost, according to the Administra-
tion’s estimate, approximately $104,000,000,000 over
the next 10 years, all of which would further reduce
the social security surplus.
(b) SENSE OF THE SENATE.—Therefore it is the sense
of the Senate that no social security surplus funds should
be used to pay to make currently scheduled tax cuts perma-
nent or for wasteful spending.
SEC. 1075. SENSE OF THE SENATE ON PERMANENT REPEAL
OF ESTATE TAXES.
(a) FINDINGS.—
(1) The Economic Growth and Tax Relief Rec-
onciliation Act of 2001 provided substantial relief
from Federal estate and gift taxes beginning this year
and repealed the Federal estate tax for one year be-
ginning on January 1, 2010.
(2) The Economic Growth and Tax Relief Rec-
onciliation Act of 2001 contains a ‘‘sunset’’ provision
that reinstates the Federal estate tax at its 2001 level
beginning on January 1, 2011.
(b) SENSE OF THE SENATE.—Therefore, it is the sense
of the Senate that the repeal of the estate tax should be made
permanent by eliminating the sunset provision’s applica-
bility to the estate tax.
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SEC. 1076. COMMERCIAL FISHERIES FAILURE.
(a) IN GENERAL.—In addition to amounts appro-
priated or otherwise made available by this Act, there are
appropriated to the Department of Agriculture $10,000,000
for fiscal year 2002, which shall be transferred to the Com-
modity Credit Corporation to provide, in consultation with
the Secretary of Commerce, emergency disaster assistance
for the commercial fishery failure under section 308(b)(1)
of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(b)(1)) with respect to Northeast multispecies fisheries.
(b) PROGRAM REQUIREMENTS.—Amounts made avail-
able under this section shall be used to support a voluntary
fishing capacity reduction program in the Northeast multi-
species fishery that—
(1) is certified by the Secretary of Commerce to
be consistent with section 312(b) of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16
U.S.C. 1861a(b)); and
(2) permanently revokes multispecies limited ac-
cess fishing permits so as to obtain the maximum sus-
tained reduction in fishing capacity at the least cost
and in the minimum period of time and to prevent
the replacement of fishing capacity removed by the
program.
(c) APPLICATION OF INTERIM FINAL RULE.—The pro-
gram shall be carried out in accordance with the Interim
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Final Rule under part 648 of title 50, Code of Federal Reg-
ulations, or any corresponding regulation or rule promul-
gated thereunder.
(d) SUNSET.—The authority provided by subsection
(a) shall terminate 1 year after the date of enactment of
this Act and no amount may be made available under this
section thereafter.
SEC. 1077. REVIEW OF STATE MEAT INSPECTION PRO-
GRAMS.
(a) FINDINGS.—Congress finds that—
(1) the goal of a safe and wholesome supply of
meat and meat food products throughout the United
States would be better served if a consistent set of re-
quirements, established by the Federal Government,
were applied to all meat and meat food products,
whether produced under State inspection or Federal
inspection;
(2) under such a system, Federal and State meat
inspection programs would function together to create
a seamless inspection system to ensure food safety and
inspire consumer confidence in the food supply in
interstate commerce; and
(3) such a system would ensure the viability of
State meat inspection programs, which should help to
foster the viability of small establishments.
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(b) REVIEW.—Not later than September 30, 2003, the
Secretary of Agriculture shall conduct a comprehensive re-
view of each State meat and poultry inspection program,
which shall include—
(1) an analysis of the effectiveness of the State
program; and
(2) identification of changes that are necessary
to enable the possible future transformation of the
State program to a State meat and poultry inspec-
tion program that includes the mandatory ante-
mortem and postmortem inspection, reinspection,
sanitation, and related requirements of the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.) and the
Poultry Products Inspection Act (21 U.S.C. 451 et
seq.) (including the regulations, directives, notices,
policy memoranda, and other regulatory requirements
of those Acts).
(c) COMMENT.—In carrying out subsection (a), the
Secretary shall, to the maximum extent practicable, obtain
comment from interested parties.
(d) FUNDING.—There are authorized to be appro-
priated such sums as are necessary to carry out this section.
SEC. 1078. AGRICULTURAL RESEARCH AND TECHNOLOGY.
(a) SCIENTIFIC STUDIES.—
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(1) IN GENERAL.—The Secretary of Agriculture
shall conduct scientific studies on—
(A) 
the 
transmission 
of 
spongiform
encephalopathy in deer, elk, and moose; and
(B) chronic wasting disease (including the
risks that chronic wasting disease poses to live-
stock).
(2) REPORT.—The Secretary shall submit to the
Committee on Agriculture of the House of Representa-
tives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the results of
the scientific studies.
(b) RESEARCH AND EXTENSION GRANT PROGRAM.—
The Secretary shall establish a program to provide research
and extension grants to eligible entities (as determined by
the Secretary) to develop, for livestock production—
(1) prevention and control methodologies for in-
fectious animal diseases that affect trade; and
(2) laboratory tests to expedite detection of—
(A) infected livestock; and
(B) the presence of diseases within herds or
flocks of livestock.
(c) VACCINES.—
(1) VACCINE
STORAGE
STUDY.—The Secretary
shall—
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(A) conduct a study to determine the num-
ber of doses of livestock disease vaccines that
should be available to protect against livestock
diseases that could be introduced into the United
States; and
(B) compare that number with the number
of doses of the livestock disease vaccines that are
available as of that date.
(2) STOCKPILING OF VACCINES.—If, after con-
ducting the study and comparison described in para-
graph (1), the Secretary determines that there is an
insufficient number of doses of a particular vaccine
referred to in that paragraph, the Secretary shall take
such actions as are necessary to obtain the required
additional doses of the vaccine.
(d) VETERINARY TRAINING.—The Secretary shall de-
velop a program to maintain in all regions of the United
States a sufficient number of Federal and State veterinar-
ians who are well trained in recognition and diagnosis of
exotic and endemic animal diseases.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section such
sums as are necessary for each of fiscal years 2002 through
2006.