H. R. 2646—377
(other than section 202(c)) and inserting ‘‘packer or swine con-
tractor’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 202(c) of the Packers and Stockyards Act,
1921 (7 U.S.C. 192(c)), is amended by inserting ‘‘, swine
contractor,’’ after ‘‘other packer’’ each place it appears.
(B) Section 308(a) of the Packers and Stockyards Act,
1921 (7 U.S.C. 209(a)), is amended by inserting ‘‘or swine
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 swine contractor, and’’ after ‘‘packer,’’ each place it
appears.
SEC. 10503. RIGHT TO DISCUSS TERMS OF CONTRACT.
(a) DEFINITIONS.—In this section:
(1) PRODUCER.—The term ‘‘producer’’ means any person
engaged in the raising and caring for livestock or poultry for
slaughter.
(2) PROCESSOR.—The term ‘‘processor’’ means any person
engaged in the business of obtaining livestock or poultry for
the purpose of slaughtering the livestock or poultry.
(b) NO PROHIBITION OF DISCUSSION.—Notwithstanding a provi-
sion in any contract between a producer and a processor for the
production of livestock or poultry, or in any marketing agreement
between a producer and a processor for the sale of livestock or
poultry for a term of 1 year or more, that provides that information
contained in the contract is confidential, a party to the contract
shall not be prohibited from discussing any terms or details of
the contract with—
(1) a Federal or State agency;
(2) a legal adviser to the party;
(3) a lender to the party;
(4) an accountant hired by the party;
(5) an executive or manager of the party;
(6) a landlord of the party; or
(7) a member of the immediate family of the party.
(c) EFFECT ON STATE LAWS.—Subsection (b) does not—
(1) preempt any State law that addresses confidentiality
provisions in contracts for the sale or production of livestock
or poultry, except any provision of State law that makes lawful
a contract provision that prohibits a party from, or limits a
party in, engaging in discussion that subsection (b) requires
to be permitted; or
(2) deprive any State court of jurisdiction under any such
State law.
(d) APPLICABILITY.—This section applies to each contract
described in subsection (b) that is entered into, amended, renewed,
or extended after the date of enactment of this Act.
SEC. 10504. VETERINARY TRAINING.
The Secretary of Agriculture may develop a program to main-
tain in all regions of the United States a sufficient number of
Federal and State veterinarians who are well trained in recognition
and diagnosis of exotic and endemic animal diseases.
H. R. 2646—378
SEC. 10505. 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 ‘‘2002’’
and inserting ‘‘2007’’.
Subtitle G—Specialty Crops
SEC. 10601. MARKETING ORDERS FOR CANEBERRIES.
(a) IN GENERAL.—Section 8c of the Agricultural Adjustment
Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended—
(1) in subsection (2)(A), by inserting ‘‘caneberries (including
raspberries, blackberries, and loganberries),’’ after ‘‘other than
pears, olives, grapefruit, cherries,’’; and
(2) in subsection (6)(I), by striking ‘‘tomatoes,,’’ and
inserting ‘‘tomatoes, caneberries (including raspberries, black-
berries, and loganberries),’’.
(b) CONFORMING AMENDMENT.—Section 8e(a) of the Agricultural
Adjustment Act (7 U.S.C. 608e–l(a)), reenacted with amendments
by the Agricultural Marketing Agreement Act of 1937, is amended
in the first sentence by striking ‘‘or apples’’ and inserting ‘‘apples,
or caneberries (including raspberries, blackberries, and logan-
berries)’’.
SEC. 10602. AVAILABILITY OF SECTION 32 FUNDS.
The second undesignated paragraph of section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c), is amended by striking
‘‘$300,000,000’’ and inserting ‘‘$500,000,000’’.
SEC. 10603. PURCHASE OF SPECIALTY CROPS.
(a) GENERAL PURCHASE AUTHORITY.—Of the funds made avail-
able under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), for fiscal year 2002 and each subsequent fiscal year, the
Secretary of Agriculture shall use not less than $200,000,000 each
fiscal year to purchase fruits, vegetables, and other specialty food
crops.
(b) PURCHASE AUTHORITY.—
(1) PURCHASE.—Of the amount specified in subsection (a),
the Secretary of Agriculture shall use not less than $50,000,000
each fiscal year for the purchase of fresh fruits and vegetables
for distribution to schools and service institutions in accordance
with section 6(a) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1755(a)).
(2) SERVICING AGENCY.—The Secretary of Agriculture shall
provide for the Secretary of Defense to serve as the servicing
agency for the procurement of the fresh fruits and vegetables
under this subsection on the same terms and conditions as
provided in the memorandum of agreement entered into
between the Agricultural Marketing Service, the Food and Con-
sumer Service, and the Defense Personnel Support Center
during August 1995 (or any successor memorandum of agree-
ment).
(c) DEFINITIONS.—In this section, the terms ‘‘fruits’’, ‘‘vegeta-
bles’’, and ‘‘other specialty food crops’’ shall have the meaning
given the terms by the Secretary of Agriculture.
H. R. 2646—379
SEC. 10604. PROTECTION FOR PURCHASERS OF FARM PRODUCTS.
(a) DEFINITION OF EFFECTIVE FINANCING STATEMENT.—Section
1324(c)(4) of the Food Security Act of 1985 (7 U.S.C. 1631(c)(4))
is amended—
(1) in subparagraph (B), by striking ‘‘signed’’ and inserting
‘‘signed, authorized, or otherwise authenticated by the debtor,’’;
(2) by striking subparagraph (C);
(3) in subparagraph (D)—
(A) in clause (iii), by adding ‘‘and’’ after the semicolon
at the end; and
(B) in clause (iv), by striking ‘‘applicable;’’ and all that
follows and inserting ‘‘applicable, and the name of each
county or parish in which the farm products are produced
or located;’’;
(4) in subparagraph (E), by striking ‘‘signed’’ and inserting
‘‘signed, authorized, or otherwise authenticated by the debtor’’;
(5) in subparagraph (G), by striking ‘‘notice signed’’ and
inserting ‘‘notice signed, authorized, or otherwise authenti-
cated’’; and
(6) by redesignating subparagraphs (D) through (I) as sub-
paragraphs (C) through (H), respectively.
(b) PURCHASES
SUBJECT
TO
SECURITY
INTERESTS.—Section
1324(e) of the Food Security Act of 1985 (7 U.S.C. 1631(e)) is
amended—
(1) in paragraph (1)(A)(ii)—
(A) in subclause (III), by adding ‘‘and’’ after the semi-
colon at the end; and
(B) 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
produced or located;’’;
(2) in paragraph (1)(A)(iii), by striking ‘‘similarly signed’’
and inserting ‘‘similarly signed, authorized, or otherwise
authenticated’’;
(3) in paragraph (1)(A)(iv), by striking ‘‘notice signed’’ and
inserting ‘‘notice signed, authorized, or otherwise authenti-
cated’’;
(4) in paragraph (1)(A)(v), by inserting ‘‘contains’’ before
‘‘any payment’’; and
(5) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘subparagraph’’
and inserting ‘‘subsection’’; and
(B) in subparagraph (B), by striking ‘‘; and’’ and
inserting a period.
(c) CERTAIN SALES SUBJECT TO SECURITY INTEREST.—Section
1324(g)(2)(A) of the Food Security Act of 1985 (7 U.S.C.
1631(g)(2)(A)) is amended—
(1) in clause (ii)—
(A) in subclause (III), by adding ‘‘and’’ after the semi-
colon at the end; and
(B) 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
produced or located;’’;
(2) in clause (iii), by striking ‘‘similarly signed’’ and
inserting ‘‘similarly signed, authorized, or otherwise authenti-
cated’’;
H. R. 2646—380
(3) in clause (iv), by striking ‘‘notice signed’’ and inserting
‘‘notice signed, authorized, or otherwise authenticated’’; and
(4) in clause (v), by inserting ‘‘contains’’ before ‘‘any pay-
ment’’.
SEC. 10605. FARMERS’ MARKET PROMOTION PROGRAM.
(a) IN GENERAL.—The Farmer-to-Consumer Direct Marketing
Act of 1976 is amended by inserting after section 5 (7 U.S.C.
3004) 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, expand, and promote farmers’
markets.
‘‘(b) PROGRAM PURPOSES.—
‘‘(1) IN GENERAL.—The purposes of the Program are—
‘‘(A) to increase domestic consumption of agricultural
commodities by improving and expanding, or assisting in
the improvement and expansion of, domestic farmers’ mar-
kets, roadside stands, community-supported agriculture
programs, and other direct producer-to-consumer market
opportunities; and
‘‘(B) to develop, or aid in the development of, new
farmers’ markets, roadside stands, community-supported
agriculture programs, and other direct producer-to-con-
sumer infrastructure.
‘‘(2) LIMITATIONS.—An eligible entity may not use a grant
or other assistance provided under the Program for the pur-
chase, construction, or rehabilitation of a building or structure.
‘‘(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 designate.
‘‘(d) CRITERIA AND GUIDELINES.—The Secretary shall establish
criteria and guidelines for the submission, evaluation, and funding
of proposed projects under the Program.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2002 through 2007.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) SURVEY.—Section 4 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3003) is amended—
(A) in the first sentence, by striking ‘‘a continuing’’
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)—
H. R. 2646—381
(i) in the first sentence, by striking ‘‘Extension
Service of the United States Department of Agri-
culture’’ and inserting ‘‘Secretary’’; and
(ii) in the second sentence—
(I) 
by 
striking ‘‘Extension 
Service’’ 
and
inserting ‘‘Secretary’’; and
(II) by striking ‘‘and on the basis of which
of these two agencies, or combination thereof, can
best perform these activities’’ and inserting ‘‘, as
determined by the Secretary’’;
(B) by redesignating subsection (b) as subsection (c);
and
(C) by inserting after subsection (a) the following:
‘‘(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 man-
agers of farmers’ markets;
‘‘(2) develop opportunities to share information among man-
agers of farmers’ markets;
‘‘(3) establish a program to train cooperative extension
service employees in the development of direct marketing tech-
niques; and
‘‘(4) work with producers to develop farmers’ markets.’’.
SEC. 10606. NATIONAL ORGANIC CERTIFICATION COST-SHARE PRO-
GRAM.
(a) IN GENERAL.—Of funds of the Commodity Credit Corpora-
tion, the Secretary of Agriculture (acting through the Agricultural
Marketing Service) shall use $5,000,000 for fiscal year 2002, to
remain available until expended, to establish a national organic
certification cost-share program to assist producers and handlers
of agricultural products in obtaining certification under the national
organic production program established under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.).
(b) FEDERAL SHARE.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall pay under this section not more than 75 percent of the
costs incurred by a producer or handler in obtaining certifi-
cation under the national organic production program, as cer-
tified to and approved by the Secretary.
(2) MAXIMUM AMOUNT.—The maximum amount of a pay-
ment made to a producer or handler under this section shall
be $500.
SEC. 10607. EXEMPTION OF CERTIFIED ORGANIC PRODUCTS FROM
ASSESSMENTS.
(a) IN
GENERAL.—Section 501 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7401) is amended
by adding at the end the following:
‘‘(e) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS FROM ASSESS-
MENTS.—
‘‘(1) IN GENERAL.—Notwithstanding any provision of a com-
modity promotion law, a person that produces and markets
solely 100 percent organic products, and that does not produce
any conventional or nonorganic products, shall be exempt from
the payment of an assessment under a commodity promotion
law with respect to any agricultural commodity that is produced
H. R. 2646—382
on a certified organic farm (as defined in section 2103 of the
Organic Foods Production Act of 1990 (7 U.S.C. 6502)).
‘‘(2) REGULATIONS.—Not later than 1 year after the date
of enactment of this subsection, the Secretary shall promulgate
regulations concerning eligibility and compliance for an exemp-
tion under paragraph (1).’’.
(b) TECHNICAL AMENDMENTS.—Section 501(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401(a))
is amended—
(1) in paragraph (17), by striking ‘‘or’’;
(2) in paragraph (18), by striking the period and inserting
‘‘; or’’; and
(3) by adding at the end the following:
‘‘(19) any other provision of law enacted after April 4,
1996, that provides for the establishment and operation of
a promotion program described in the first sentence.’’.
SEC. 10608. CRANBERRY ACREAGE RESERVE PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE AREA.—The term ‘‘eligible area’’ means a wet-
land or buffer strip adjacent to a wetland that, as determined
by the Secretary—
(A)(i) is used, and has a history of being used, for
the cultivation of cranberries; or
(ii) is an integral component of a cranberry-growing
operation;
(B) is located in an environmentally sensitive area.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(b) PROGRAM.—The Secretary shall establish a program to pur-
chase permanent easements in eligible areas from willing sellers.
(c) PURCHASE PRICE.—The Secretary shall ensure, to the max-
imum extent practicable, that each easement purchased under this
section is for an amount that appropriately reflects the range of
values for agricultural and nonagricultural land in the region in
which the eligible area subject to the easement is located (including
whether that land is located in 1 or more environmentally sensitive
areas, as determined by the Secretary).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000.
Subtitle H—Administration
SEC. 10701. INITIAL RATE OF BASIC PAY FOR EMPLOYEES OF COUNTY
COMMITTEES.
Section 5334 of title 5, United States Code, is amended by
striking subsection (e) and inserting the following:
‘‘(e) An employee of a county committee established pursuant
to section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)) may, on appointment to a position subject
to this subchapter, have the initial rate of basic pay of the employee
fixed at—
‘‘(1) the lowest rate of the higher grade that exceeds the
rate of basic pay of the employee with the county committee
by not less than 2 step-increases of the grade from which
the employee was promoted, if the Federal Civil Service position
H. R. 2646—383
under this subchapter is at a higher grade than the last grade
the employee had while an employee of the county committee;
‘‘(2) the same step of the grade as the employee last held
during service with the county committee, if the Federal Civil
Service position under this subchapter is at the same grade
as the last grade the employee had while an employee of
the county committee; or
‘‘(3) the lowest step of the Federal grade for which the
rate of basic pay is equal to or greater than the highest previous
rate of pay of the employee, if the Federal Civil Service position
under this subchapter is at a lower grade than the last grade
the employee had while an employee of the county committee.’’.
SEC. 10702. COMMODITY FUTURES TRADING COMMISSION PAY COM-
PARABILITY.
(a) APPOINTMENT AND COMPENSATION OF EMPLOYEES OF THE
COMMISSION.—Section 2(a) of the Commodity Exchange Act (7
U.S.C. 2(a)) is amended—
(1) by redesignating paragraphs (7) through (11) as para-
graphs (8) through (12), respectively; and
(2) by inserting after paragraph (6) the following:
‘‘(7) APPOINTMENT AND COMPENSATION.—
‘‘(A) IN GENERAL.—The Commission may appoint and
fix the compensation of such officers, attorneys, economists,
examiners, and other employees as may be necessary for
carrying out the functions of the Commission under this
Act.
‘‘(B) RATES
OF
PAY.—Rates of basic pay for all
employees of the Commission may be set and adjusted
by the Commission without regard to chapter 51 or sub-
chapter III of chapter 53 of title 5, United States Code.
‘‘(C) COMPARABILITY.—
‘‘(i) IN GENERAL.—The Commission may provide
additional compensation and benefits to employees of
the Commission if the same type of compensation or
benefits are provided by any agency referred to in
section 1206(a) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C.
1833b(a)) or could be provided by such an agency under
applicable provisions of law (including rules and regu-
lations).
‘‘(ii) CONSULTATION.—In setting and adjusting the
total amount of compensation and benefits for
employees, the Commission shall consult with, and
seek to maintain comparability with, the agencies
referred to in section 1206(a) of the Financial Institu-
tions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1833b(a)).’’.
(b) REPORTING OF INFORMATION BY THE COMMISSION.—Section
1206 of the Financial Institutions Reform, Recovery, and Enforce-
ment Act of 1989 (12 U.S.C. 1833b) is amended—
(1) by striking ‘‘The Federal’’ and inserting the following:
‘‘(a) IN GENERAL.—The Federal’’; and
(2) by adding at the end the following:
‘‘(b) COMMODITY FUTURES TRADING COMMISSION.—In estab-
lishing and adjusting schedules of compensation and benefits for
H. R. 2646—384
employees of the Commodity Futures Trading Commission under
applicable provisions of law, the Commission shall—
‘‘(1) inform the heads of the agencies referred to in sub-
section (a) and Congress of such compensation and benefits;
and
‘‘(2) seek to maintain comparability with those agencies
regarding compensation and benefits.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 3132(a)(1) of title 5, United States Code, is
amended—
(A) in subparagraph (C), by striking ‘‘or’’ at the end;
(B) in subparagraph (D), by adding ‘‘or’’ at the end;
and
(C) by adding at the end the following:
‘‘(E) the Commodity Futures Trading Commission;’’.
(2) Section 5316 of title 5, United States Code, is
amended—
(A) by striking ‘‘General Counsel, Commodity Futures
Trading Commission.’’; and
(B) by striking ‘‘Executive Director, Commodity
Futures Trading Commission.’’.
(3) Section 5373(a) of title 5, United States Code, is
amended—
(A) in paragraph (2), by striking ‘‘or’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(4) section 2(a)(7) of the Commodity Exchange Act (7
U.S.C. 2(a)(7)).’’.
SEC. 10703. OVERTIME AND HOLIDAY PAY.
(a) IN GENERAL.—The Secretary of Agriculture may—
(1) pay employees of the Department of Agriculture
employed in an establishment subject to the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.) for all overtime and
holiday work performed at the establishment at rates deter-
mined by the Secretary, subject to applicable law relating to
minimum wages and maximum hours; and
(2) accept from the establishment reimbursement for any
sums paid by the Secretary for the overtime and holiday work,
at rates determined under paragraph (1).
(b) AVAILABILITY.—Sums received by the Secretary under this
section shall remain available until expended without further appro-
priation and without fiscal year limitation, to carry out subsection
(a).
(c) CONFORMING AMENDMENTS.—
(1) Section 25 of the Poultry Products Inspection Act (21
U.S.C. 468) is amended by striking ‘‘except that the cost’’ and
all that follows and inserting ‘‘except the cost of overtime and
holiday pay paid pursuant to the section 10703 of the Farm
Security and Rural Investment Act of 2002.’’.
(2) The Act of June 5, 1948 (21 U.S.C. 695), is amended
by striking ‘‘overtime’’ and all that follows and inserting ‘‘over-
time and holiday pay paid pursuant to section 10703 of the
Farm Security and Rural Investment Act of 2002.’’.
H. R. 2646—385
(3) The matter under the heading ‘‘BUREAU
OF
ANIMAL
INDUSTRY’’ of the Act of July 24, 1919, is amended by striking
the next to the last paragraph (7 U.S.C. 394).
(4) Section 5549 of title 5, United States Code is amended
by striking paragraph (1) and inserting the following:
‘‘(1) section 10703 of the Farm Security and Rural Invest-
ment Act of 2002;’’.
SEC. 10704. 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—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) Assistant Secretary of Agriculture for Civil Rights.’’;
and
(2) by striking subsections (d) and (e) and inserting the
following:
‘‘(d) DUTIES OF ASSISTANT SECRETARY OF AGRICULTURE FOR
CIVIL RIGHTS.—The Secretary may delegate to the Assistant Sec-
retary for Civil Rights responsibility for—
‘‘(1) ensuring compliance with all civil rights and related
laws by all agencies and under all programs of the Department;
‘‘(2) coordinating administration of civil rights laws
(including regulations) within the Department for employees
of, and participants in, programs of the Department; and
‘‘(3) ensuring that necessary and appropriate civil rights
components are properly incorporated into all strategic plan-
ning initiatives of the Department and agencies of the Depart-
ment.’’.
(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 Depart-
ment of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b))
is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the end;
(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 Secretary of Agriculture
for Civil Rights, and delegate duties to the Assistant Secretary,
under section 218.’’.
SEC. 10705. OPERATION OF GRADUATE SCHOOL OF DEPARTMENT OF
AGRICULTURE.
(a) AUDITS OF RECORDS.—Section 921 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 2279b) is amended
by adding at the end the following:
‘‘(k) AUDITS OF RECORDS.—The financial records of the Graduate
School (including records relating to contracts or agreements
entered into under subsection (c)) shall be made available to the
Comptroller General for purposes of conducting an audit.’’.
H. R. 2646—386
(b) CONFORMING REPEAL.—Section 1669 of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 5922) is
repealed.
(c) EFFECTIVE DATE.—The amendments made by this section
take effect on October 1, 2002.
SEC. 10706. IMPLEMENTATION FUNDING AND INFORMATION MANAGE-
MENT.
(a) ADDITIONAL FUNDS FOR ADMINISTRATIVE COSTS.—
(1) IN
GENERAL.—The Secretary of Agriculture, acting
through the Farm Service Agency, may use not more than
$55,000,000 of funds of the Commodity Credit Corporation to
cover administrative costs associated with the implementation
of title I and the amendments made by that title.
(2) AVAILABILITY.—The funds referred to in paragraph (1)
shall remain available to the Secretary until expended.
(3) SET-ASIDE.—Of the amount specified in paragraph (1),
the Secretary shall use not less than $5,000,000, but not more
than $8,000,000, to carry out subsection (b).
(b) INFORMATION MANAGEMENT.—
(1) DEVELOPMENT
OF
SYSTEM.—The Secretary of Agri-
culture shall develop a comprehensive information management
system, using appropriate technologies, to be used in imple-
menting the programs administered by the Federal Crop Insur-
ance Corporation and the Farm Service Agency.
(2) ELEMENTS.—The information management system
developed under this subsection shall be designed to—
(A) improve access by agricultural producers to pro-
grams described in paragraph (1);
(B) improve and protect the integrity of the information
collected;
(C) meet the needs of the agencies that require the
data in the administration of their programs;
(D) improve the timeliness of the collection of the
information;
(E) contribute to the elimination of duplication of
information collection;
(F) lower the overall cost to the Department of Agri-
culture for information collection; and
(G) achieve such other goals as the Secretary considers
appropriate.
(3) RECONCILIATION
OF
CURRENT
INFORMATION
MANAGE-
MENT.—The Secretary shall ensure that all current information
of the Federal Crop Insurance Corporation and the Farm
Service Agency is combined, reconciled, redefined, and refor-
matted in such a manner so that the agencies can use the
common information management system developed under this
subsection.
(4) ASSISTANCE FOR DEVELOPMENT OF SYSTEM.—The Sec-
retary shall enter into an agreement or contract with a non-
Federal entity to assist the Secretary in the development of
the information management system. The Secretary shall give
preference in entering into an agreement or contract to entities
that have—
(A) prior experience with the information and manage-
ment systems of the Federal Crop Insurance Corporation;
and
H. R. 2646—387
(B) collaborated with the Corporation in the develop-
ment of the identification procedures required by section
515(f) of the Federal Crop Insurance Act (7 U.S.C. 1515(f)).
(5) USE.—The information collected using the information
management system developed under this subsection may be
made available to—
(A) any Federal agency that requires the information
to carry out the functions of the agency; and
(B) any approved insurance provider, as defined in
section 502(b) of the Federal Crop Insurance Act (7 U.S.C.
1502(b)), with respect to producers insured by the approved
insurance provider.
(6) RELATION TO OTHER ACTIVITIES.—This subsection shall
not interfere with, or delay, existing agreements or requests
for proposals of the Federal Crop Insurance Corporation or
the Farm Service Agency regarding the information manage-
ment activities known as data mining or data warehousing.
(c) 
AUTHORIZATION
OF
APPROPRIATIONS.—In 
addition 
to
amounts made available under subsection (a)(3), there are author-
ized to be appropriated such sums as are necessary to carry out
subsection (b) for each of fiscal years 2003 through 2008.
SEC. 10707. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVAN-
TAGED FARMERS AND RANCHERS.
(a) DEFINITIONS.—Section 2501(e) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amended
by adding at the end the following:
‘‘(4) DEPARTMENT.—The term ‘Department’ means the
Department of Agriculture.
‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any
of the following:
‘‘(A) Any community-based organization, network, or
coalition of community-based organizations that—
‘‘(i) has demonstrated experience in providing agri-
cultural education or other agriculturally related serv-
ices to socially disadvantaged farmers and ranchers;
‘‘(ii) has provided to the Secretary documentary
evidence of work with socially disadvantaged farmers
and ranchers during the 2-year period preceding the
submission of an application for assistance under sub-
section (a); and
‘‘(iii) does not engage in activities prohibited under
section 501(c)(3) of the Internal Revenue Code of 1986.
‘‘(B) An 1890 institution or 1994 institution (as defined
in section 2 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601)), including
West Virginia State College.
‘‘(C) An Indian tribal community college or an Alaska
Native cooperative college.
‘‘(D) An Hispanic-serving institution (as defined in sec-
tion 1404 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
‘‘(E) 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 agriculturally
H. R. 2646—388
related services to socially disadvantaged farmers and
ranchers in a region.
‘‘(F) An Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)) or a national tribal organization that
has demonstrated experience in providing agriculture edu-
cation or other agriculturally related services to socially
disadvantaged farmers and ranchers in a region.
‘‘(G) An organization or institution that received
funding under subsection (a) before January 1, 1996, but
only with respect to projects that the Secretary considers
are similar to projects previously carried out by the
organization or institution under such subsection.
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of Agriculture.’’.
(b) OUTREACH
AND ASSISTANCE.—Section 2501 of the Food,
Agriculture, 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) PROGRAM.—The Secretary of Agriculture shall carry
out an outreach and technical assistance program to encourage
and assist socially disadvantaged farmers and ranchers—
‘‘(A) in owning and operating farms and ranches; and
‘‘(B) in participating equitably in the full range of
agricultural programs offered by the Department.
‘‘(2) REQUIREMENTS.—The outreach and technical assist-
ance program under paragraph (1) shall—
‘‘(A) enhance coordination of the outreach, technical
assistance, and education efforts authorized 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 procedures;
‘‘(iii) farm and risk management;
‘‘(iv) marketing; and
‘‘(v) other activities essential to participation in
agricultural and other programs of the Department.
‘‘(3) GRANTS AND CONTRACTS.—
‘‘(A) IN
GENERAL.—The Secretary may make grants
to, and enter into contracts and other agreements with,
an eligible entity to provide information and technical
assistance under this subsection.
‘‘(B) RELATIONSHIP TO OTHER LAW.—The authority to
carry out this section shall be in addition to any other
authority provided in this or any other Act.
‘‘(C) OTHER
PROJECTS.—Notwithstanding paragraph
(1), the Secretary may make grants to, and enter into
contracts and other agreements with, an organization or
institution that received funding under this section before
January 1, 1996, to carry out a project that is similar
to a project for which the organization or institution
received such funding.
‘‘(4) FUNDING.—
‘‘(A) AUTHORIZATION
OF
APPROPRIATIONS.—There is
authorized to be appropriated to carry out this subsection
$25,000,000 for each of fiscal years 2002 through 2007.
H. R. 2646—389
‘‘(B) INTERAGENCY
FUNDING.—In addition to funds
authorized to be appropriated under subparagraph (A), any
agency of the Department may participate in any grant,
contract, or agreement entered into under this subsection
by contributing funds, if the agency determined that the
objectives of the grant, contract, or agreement will further
the authorized programs of the contributing agency.’’.
(c) CONFORMING AMENDMENTS.—Section 2501 of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is
amended—
(1) in subsection (d)(1), by striking ‘‘of Agriculture’’ after
‘‘Department’’; and
(2) in subsection (g)(1), by striking ‘‘of Agriculture’’ after
‘‘Department’’.
SEC. 10708. TRANSPARENCY AND ACCOUNTABILITY FOR SOCIALLY DIS-
ADVANTAGED 
FARMERS 
AND 
RANCHERS; 
PUBLIC
DISCLOSURE REQUIREMENTS FOR COUNTY COMMITTEE
ELECTIONS.
(a) TRANSPARENCY
AND ACCOUNTABILITY
FOR SOCIALLY DIS-
ADVANTAGED 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 ensure compila-
tion and public disclosure of data to assess and hold the Department
of Agriculture accountable for the nondiscriminatory participation
of socially disadvantaged farmers and ranchers in programs of
the Department.
‘‘(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
established for farmers or ranchers.
‘‘(2) REPORTING PARTICIPATION.—In reporting the rates of
participation under paragraph (1), the Secretary shall report
the participation rate of socially disadvantaged farmers and
ranchers according to race, ethnicity, and gender.’’.
(b) PUBLIC DISCLOSURE REQUIREMENTS
FOR COUNTY COM-
MITTEE ELECTIONS.—Section 8(b)(5) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 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 county or area in
which activities are carried out under this section,
the Secretary shall establish a county or area com-
mittee.
H. R. 2646—390
‘‘(II) LOCAL ADMINISTRATIVE AREAS.—The Sec-
retary may designate local administrative areas
within a county or a larger area under the jurisdic-
tion of a committee established under subclause
(I).
‘‘(ii) COMPOSITION
OF
COUNTY, AREA, OR
LOCAL
COMMITTEES.—A committee established 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
‘‘(II) are elected by the agricultural producers
that participate or cooperate in programs adminis-
tered 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 Secretary shall establish proce-
dures for nominations and elections to county,
area, or local committees.
‘‘(II) NONDISCRIMINATION
STATEMENT.—Each
solicitation of nominations for, and notice of elec-
tions of, a county, area, or local committee shall
include the nondiscrimination statement used by
the Secretary.
‘‘(III) NOMINATIONS.—
‘‘(aa) ELIGIBILITY.—To be eligible for
nomination and election to the applicable
county, area, or local committee, as deter-
mined by the Secretary, an agricultural pro-
ducer shall be located within the area under
the jurisdiction of a county, area, or local com-
mittee, and participate or cooperate in pro-
grams administered within that area.
‘‘(bb) OUTREACH.—In addition to such
nominating procedures as the Secretary may
prescribe, the Secretary shall solicit and accept
nominations from organizations representing
the interests of socially disadvantaged groups
(as defined in section 355(e)(1) of the Consoli-
dated 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.
‘‘(bb) 
OPENING
OF
BALLOTS.—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 elec-
tion ballots.
H. R. 2646—391
‘‘(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 com-
mittee;
‘‘(bb) the number of ballots cast in the
election by eligible voters (including the
percentage of eligible voters that cast ballots);
‘‘(cc) the number of ballots disqualified in
the election;
‘‘(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 provided through the voluntary
self-identification of each nominee; and
‘‘(gg) the final election results (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 Farm Security
and Rural Investment Act of 2002 is held, the
Secretary shall complete a report that consolidates
all the election data reported to the Secretary
under subclause (V).
‘‘(VII) ELECTION REFORM.—
‘‘(aa) ANALYSIS.—If determined necessary
by the Secretary after analyzing the data con-
tained in the report under subclause (VI), the
Secretary shall promulgate and publish in the
Federal Register proposed uniform guidelines
for conducting elections for members and alter-
nate members of county, area, and local
committees not later than 1 year after the
date of completion of the report.
‘‘(bb) INCLUSION.—The procedures promul-
gated by the Secretary under item (aa) shall
ensure fair representation of socially disadvan-
taged 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 committee for that area.
‘‘(cc) METHODS
OF
INCLUSION.—Notwith-
standing clause (ii), the Secretary may ensure
inclusion of socially disadvantaged farmers
and ranchers through provisions allowing for
appointment of 1 additional voting member
to a county, area, or local committee or
through other methods.
H. R. 2646—392
‘‘(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
REPORT
TO
CON-
GRESS.—
‘‘(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 collected and com-
puted under section 2501A(c) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 and
clause (iii)(V) collected annually since the most
recent Census of Agriculture.
‘‘(II) REPORT TO CONGRESS.—After each Census
of Agriculture, the Secretary shall report to Con-
gress the rate of loss or gain in participation by
each socially disadvantaged group, by race, eth-
nicity, and gender, since the previous Census.’’.
Subtitle I—General Provisions
SEC. 10801. COTTON CLASSIFICATION SERVICES.
(a) EXTENSION OF AUTHORITY TO PROVIDE 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. 473a),
is amended by striking ‘‘2002’’ and inserting ‘‘2007’’.
(b) REPEAL OF OBSOLETE EFFECTIVE DATE PROVISIONS.—
(1) 1984 AMENDMENT.—The first section of Public Law 98–
403 (98 Stat. 1479) is amended by striking ‘‘, effective for
the period beginning October 1, 1984, and ending September
30, 1988,’’.
(2) 1987 AMENDMENTS.—Section 2 of the Uniform Cotton
Classing Fees Act of 1987 (Public Law 100–108; 101 Stat.
728) is amended by striking ‘‘Effective for the period beginning
on the date of enactment of this Act and ending September
30, 1992, section’’ and inserting ‘‘Section’’.
(3) 1991 AMENDMENTS.—Section 120 of the Food, Agri-
culture, Conservation, and Trade Act Amendments of 1991
(Public Law 102–237; 105 Stat. 1842) is amended by striking
subsection (e).
SEC. 10802. PROGRAM OF PUBLIC EDUCATION REGARDING USE OF
BIOTECHNOLOGY IN PRODUCING FOOD FOR HUMAN
CONSUMPTION.
(a) PUBLIC INFORMATION CAMPAIGN.—Not later than 1 year
after the date of enactment of this Act, the Secretary of Agriculture
shall develop and implement a program to communicate with the
public regarding the use of biotechnology in producing food for
human consumption. The information provided under the program
shall include the following:
(1) Science-based evidence on the safety of foods produced
with biotechnology.
(2) Scientific data on the human outcomes of the use of
biotechnology to produce food for human consumption.
H. R. 2646—393
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2002 through 2007.
SEC. 10803. CHINO DAIRY PRESERVE PROJECT.
Notwithstanding any other provision of law, the Secretary of
Agriculture, acting through the Natural Resources Conservation
Service, may provide financial and technical assistance to the Chino
Dairy Preserve Project, San Bernadino County, California.
SEC. 10804. GRAZINGLANDS RESEARCH LABORATORY.
Notwithstanding any other provision of law, before December
31, 2007, the Federal land and facilities at El Reno, Oklahoma,
currently administered by the Secretary of Agriculture as the
Grazinglands Research Laboratory shall not, without specific
authorization by Congress—
(1) be declared to be excess or surplus under the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.); or
(2) be conveyed or otherwise transferred in whole or in
part.
SEC. 10805. FOOD AND AGRICULTURAL POLICY RESEARCH INSTITUTE.
(a) AUTHORITY.—The Secretary of Agriculture may award
grants to the Food and Agricultural Policy Research Institute for
the purpose of funding prospective, independent research on the
effects of alternative domestic, foreign, and trade policies, on the
agricultural sector, including research on the effects of those policies
on—
(1) commodity prices for—
(A) feed; and
(B) food grains, oilseeds, cotton, livestock, and products
thereof;
(2) supply and demand conditions for similar products;
(3) costs to the Federal Government;
(4) farm income;
(5) food costs;
(6) the volume and value of trade in agricultural commod-
ities; and
(7) exporter and importer supply, demand, and trade.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $6,000,000 for each
of fiscal years 2003 through 2007.
SEC. 10806. MARKET NAMES FOR CATFISH AND GINSENG.
(a) CATFISH LABELING.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, for purposes of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.)—
(A) the term ‘‘catfish’’ may only be considered to be
a common or usual name (or part thereof) for fish classified
within the family Ictaluridae; and
(B) only labeling or advertising for fish classified within
that family may include the term ‘‘catfish’’.
(2) AMENDMENT.—Section 403 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343) is amended by adding at
the end the following:
H. R. 2646—394
‘‘(t) If it purports to be or is represented as catfish, unless
it is fish classified within the family Ictaluridae.’’.
(b) GINSENG LABELING.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, for purposes of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.)—
(A) the term ‘‘ginseng’’ may only be considered to be
a common or usual name (or part thereof) for any herb
or herbal ingredient derived from a plant classified within
the genus Panax; and
(B) only labeling or advertising for herbs or herbal
ingredients classified within that genus may include the
term ‘‘ginseng’’.
(2) AMENDMENT.—Section 403 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343) (as amended by subsection
(a)(2)) is amended by adding at the end the following:
‘‘(u) If it purports to be or is represented as ginseng, unless
it is an herb or herbal ingredient derived from a plant classified
within the genus Panax.’’.
SEC. 10807. FOOD SAFETY COMMISSION.
(a) ESTABLISHMENT.—
(1) IN
GENERAL.—There is established a commission to
be known as the ‘‘Food Safety Commission’’ (referred to in
this section as the ‘‘Commission’’).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall be composed
of 15 members (including a Chairperson, appointed by the
President.
(B) ELIGIBILITY.—
(i) IN GENERAL.—Members of the Commission—
(I) shall have specialized training or signifi-
cant experience in matters under the jurisdiction
of the Commission; and
(II) shall represent, at a minimum—
(aa) consumers;
(bb) food scientists;
(cc) the food industry; and
(dd) health professionals.
(ii) FEDERAL EMPLOYEES.—Not more than 3 mem-
bers of the Commission may be Federal employees.
(C) DATE OF APPOINTMENTS.—The appointment of the
members of the Commission shall be made as soon as
practicable after the date on which funds authorized to
be appropriated under subsection (e)(1) are made available.
(D) 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
H. R. 2646—395
after the date of appointment of the final member of the
Commission.
(B) OTHER MEETINGS.—The Commission shall meet at
the call of the Chairperson.
(4) QUORUM; STANDING RULES.—
(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.
(b) DUTIES.—
(1) RECOMMENDATIONS.—The Commission shall make spe-
cific recommendations to enhance the food safety system of
the United States, including a description of how each rec-
ommendation would improve food safety.
(2) COMPONENTS.—Recommendations made by the Commis-
sion under paragraph (1) shall address all food available
commercially in the United States.
(3) REPORT.—Not later than 1 year after the date on which
the Commission first meets, the Commission shall submit to
the President and Congress—
(A) the findings, conclusions, and recommendations of
the Commission, including a description of how each rec-
ommendation would improve food safety;
(B) a summary of any other material used by the
Commission in the preparation of the report under this
paragraph; and
(C) if requested by 1 or more members of the Commis-
sion, a statement of the minority views of the Commission.
(c) POWERS OF THE COMMISSION.—
(1) HEARINGS.—The Commission may, for the purpose of
carrying out this section, hold such hearings, meet and act
at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable.
(2) INFORMATION FROM FEDERAL AGENCIES.—
(A) IN GENERAL.—The Commission may secure directly,
from any Federal agency, such information as the Commis-
sion considers necessary to carry out this section.
(B) PROVISION OF INFORMATION.—
(i) IN GENERAL.—Subject to subparagraph (C), on
the request of the Commission, the head of a Federal
agency described in subparagraph (A) may furnish
information requested by the Commission to the
Commission.
(ii) ADMINISTRATION.—The furnishing of informa-
tion by a Federal agency to the Commission shall not
be considered a waiver of any exemption available
to the agency under section 552 of title 5, United
States Code.
(C) INFORMATION TO BE KEPT CONFIDENTIAL.—
(i) IN GENERAL.—For purposes of section 1905 of
title 18, United States Code—
(I) the Commission shall be considered an
agency of the Federal Government; and
(II) any individual employed by an individual,
entity, or organization that is a party to a contract