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(1) the Department of Agriculture should continue to make
methyl bromide alternative research and extension activities
a high priority of the Department; and
(2) the Department of Agriculture, the Environmental
Protection Agency, producer and processor organizations,
environmental organizations, and State agencies should con-
tinue their dialogue on the risks and benefits of extending
the 2001 phaseout deadline.
Subtitle E—Research Authority After
Fiscal Year 1997
SEC. 897. AUTHORIZATION OF APPROPRIATIONS.
Subject to section 898, there are authorized to be appropriated
for fiscal years 1998 through 2002 such sums as are necessary
to carry out the agricultural research, extension, and education
activities and initiatives of the Department of Agriculture.
SEC. 898. ACTIVITIES SUBJECT TO AVAILABILITY OF APPROPRIATIONS.
During each of fiscal years 1998 through 2002, the Secretary
of Agriculture shall conduct only those agricultural research, exten-
sion, and education activities and initiatives of the Department
of Agriculture for which funds are specifically provided for the
fiscal year in an appropriation Act.
TITLE IX—MISCELLANEOUS
Subtitle A—Commercial Transportation of
Equine for Slaughter
SEC. 901. FINDINGS.
Because of the unique and special needs of equine being trans-
ported to slaughter, Congress finds that it is appropriate for the
Secretary of Agriculture to issue guidelines for the regulation of
the commercial transportation of equine for slaughter by persons
regularly engaged in that activity within the United States.
SEC. 902. DEFINITIONS.
In this subtitle:
(1) COMMERCIAL TRANSPORTATION.—The term ‘‘commercial
transportation’’ means the regular operation for profit of a
transport business that uses trucks, tractors, trailers, or
semitrailers, or any combination thereof, propelled or drawn
by mechanical power on any highway or public road.
(2) EQUINE
FOR
SLAUGHTER.—The term ‘‘equine for
slaughter’’ means any member of the Equidae family being
transferred to a slaughter facility, including an assembly point,
feedlot, or stockyard.
(3) PERSON.—The term ‘‘person’’—
(A) means any individual, partnership, corporation, or
cooperative association that regularly engages in the
commercial transportation of equine for slaughter; but
(B) does not include any individual or other entity
referred to in subparagraph (A) that occasionally transports
H. R. 2854—298
equine for slaughter incidental to the principal activity
of the individual or other entity in production agriculture.
SEC. 903. REGULATION OF COMMERCIAL TRANSPORTATION OF
EQUINE FOR SLAUGHTER.
(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary of Agriculture may issue guidelines for the regulation
of the commercial transportation of equine for slaughter by persons
regularly engaged in that activity within the United States.
(b) ISSUES FOR REVIEW.—In carrying out this section, the Sec-
retary of Agriculture shall review the food, water, and rest provided
to equine for slaughter in transit, the segregation of stallions from
other equine during transit, and such other issues as the Secretary
considers appropriate.
(c) ADDITIONAL AUTHORITY.—In carrying out this section, the
Secretary of Agriculture may—
(1) require any person to maintain such records and reports
as the Secretary considers necessary;
(2) conduct such investigations and inspections as the Sec-
retary considers necessary; and
(3) establish and enforce appropriate and effective civil
penalties.
SEC. 904. LIMITATION OF AUTHORITY TO EQUINE FOR SLAUGHTER.
Nothing in this subtitle authorizes the Secretary of Agriculture
to regulate the routine or regular transportation, to slaughter or
elsewhere, of—
(1) livestock other than equine; or
(2) poultry.
SEC. 905. EFFECTIVE DATE.
This subtitle shall become effective on the first day of the
first month that begins 30 days or more after the date of enactment
of this Act.
Subtitle B—General Provisions
SEC. 911. INTERSTATE QUARANTINE.
The fourth sentence of section 8 of the Act of August 20,
1912 (7 U.S.C. 161), is amended by inserting after ‘‘Provided, That’’
the following: ‘‘if the Secretary of Agriculture determines under
this section that it is necessary to quarantine a State entirely
comprised of islands, the Secretary of Agriculture, in implementing
the restrictions authorized under this section, shall give consider-
ation to enhancing passenger movement and commerce on and
between islands in the State: Provided further, That’’.
SEC. 912. COTTON CLASSIFICATION SERVICES.
(a) EXTENSION OF AUTHORIZATION.—The first sentence of sec-
tion 3a of the Act of March 3, 1927 (commonly known as the
‘‘Cotton Statistics and Estimates Act’’) (7 U.S.C. 473a), is amended
by striking ‘‘1996’’ and inserting ‘‘2002’’.
(b) COTTON CLASSING OFFICE LOCATIONS.—Section 4 of the
Act of March 3, 1927 (commonly known as the ‘‘Cotton Statistics
and Estimates Act’’) (7 U.S.C. 474), is amended by adding at the
end the following: ‘‘The Secretary of Agriculture shall maintain
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until at least January 1, 1999, all cotton classing office locations
in the State of Missouri that existed on January 1, 1996.’’.
SEC. 913. PLANT VARIETY PROTECTION FOR CERTAIN TUBER PROPA-
GATED PLANT VARIETIES.
(a) IN GENERAL.—Section 42(a)(1)(B)(i) of the Plant Variety
Protection Act (7 U.S.C. 2402(a)(1)(B)(i)) is amended by inserting
after ‘‘filing’’ the following: ‘‘, except that in the case of a tuber
propagated plant variety the Secretary may waive the 4-year limita-
tion for a period ending 1 year after the date of enactment of
the Federal Agriculture Improvement and Reform Act of 1996’’.
(b) TERM OF PROTECTION.—Section 83(b) of the Plant Variety
Protection Act (7 U.S.C. 2483(b)) is amended—
(1) by striking ‘‘(b) The term’’ and inserting the following:
‘‘(b) TERM.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the term’’;
(2) in the second sentence, by striking ‘‘If the certificate’’
and inserting the following:
‘‘(2) EXCEPTIONS.—If the certificate’’; and
(3) in paragraph (2) (as so designated), by striking ‘‘except
that, in the case’’ and inserting the following: ‘‘except that—
‘‘(A) in the case of a tuber propagated plant variety
subject to a waiver granted under section 42(a)(1)(B)(i),
the term of the plant variety protection shall expire 20
years after the date of the original grant of the plant
breeder’s rights to the variety outside the United States;
and
‘‘(B) in the case’’.
SEC. 914. SWINE HEALTH PROTECTION.
(a) TERMINATION OF STATE PRIMARY ENFORCEMENT RESPON-
SIBILITY.—Section 10 of the Swine Health Protection Act (7 U.S.C.
3809) is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
‘‘(c) REQUEST OF STATE OFFICIAL.—
‘‘(1) IN GENERAL.—On request of the Governor or other
appropriate official of a State, the Secretary may terminate,
effective as soon as the Secretary determines is practicable,
the primary enforcement responsibility of a State under sub-
section (a). In terminating the primary enforcement responsibil-
ity under this subsection, the Secretary shall work with the
appropriate State official to determine the level of support
to be provided to the Secretary by the State under this Act.
‘‘(2) REASSUMPTION.—Nothing in this subsection shall pre-
vent a State from reassuming primary enforcement responsibil-
ity if the Secretary determines that the State meets the require-
ments of subsection (a).’’.
(b) ADVISORY COMMITTEE.—The Swine Health Protection Act
is amended—
(1) by striking section 11 (7 U.S.C. 3810); and
(2) by redesignating sections 12, 13, and 14 (7 U.S.C.
3811, 3812, and 3813) as sections 11, 12, and 13, respectively.
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SEC. 915. DESIGNATION OF MOUNT PLEASANT NATIONAL SCENIC
AREA.
Sections 1, 2, and 3(a)(1) of the George Washington National
Forest Mount Pleasant Scenic Area Act (Public Law 103–314; 16
U.S.C. 545 note) are each amended by striking ‘‘George Washington
National Forest Mount Pleasant Scenic Area’’ and inserting ‘‘Mount
Pleasant National Scenic Area’’.
SEC. 916. PSEUDORABIES ERADICATION PROGRAM.
Section 2506(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 114i(d)) is amended by striking ‘‘1995’’
and inserting ‘‘2002’’.
SEC. 917. COLLECTION AND USE OF AGRICULTURAL QUARANTINE AND
INSPECTION FEES.
Section 2509 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (21 U.S.C. 136a) is amended by striking subsection
(a) and inserting the following:
‘‘(a) QUARANTINE AND INSPECTION FEES.—
‘‘(1) FEES AUTHORIZED.—The Secretary of Agriculture may
prescribe and collect fees sufficient—
‘‘(A) to cover the cost of providing agricultural quar-
antine and inspection services in connection with the
arrival at a port in the customs territory of the United
States, or the preclearance or preinspection at a site outside
the customs territory of the United States, of an inter-
national passenger, commercial vessel, commercial aircraft,
commercial truck, or railroad car;
‘‘(B) to cover the cost of administering this subsection;
and
‘‘(C) through fiscal year 2002, to maintain a reasonable
balance in the Agricultural Quarantine Inspection User
Fee Account established under paragraph (5).
‘‘(2) LIMITATION.—In setting the fees under paragraph (1),
the Secretary shall ensure that the amount of the fees is
commensurate with the costs of agricultural quarantine and
inspection services with respect to the class of persons or enti-
ties paying the fees. The costs of the services with respect
to passengers as a class includes the costs of related inspections
of the aircraft or other vehicle.
‘‘(3) STATUS OF FEES.—Fees collected under this subsection
by any person on behalf of the Secretary are held in trust
for the United States and shall be remitted to the Secretary
in such manner and at such times as the Secretary may pre-
scribe.
‘‘(4) LATE PAYMENT PENALTIES.—If a person subject to a
fee under this subsection fails to pay the fee when due, the
Secretary shall assess a late payment penalty, and the overdue
fees shall accrue interest, as required by section 3717 of title
31, United States Code.
‘‘(5) AGRICULTURAL
QUARANTINE
INSPECTION
USER
FEE
ACCOUNT.—
‘‘(A) ESTABLISHMENT.—There is established in the
Treasury of the United States a fund, to be known as
the ‘Agricultural Quarantine Inspection User Fee Account’,
which shall contain all of the fees collected under this