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and Rural Development Act (7 U.S.C. 2008f), a
person shall—
‘‘(i) obtain at least the catastrophic
level of insurance for each crop of economic
significance in which the person has an in-
terest; or
‘‘(ii) provide a written waiver to the
Secretary that waives any eligibility for
emergency crop loss assistance in connection
with the crop.’’.
(b) 
COVERAGE
OF
SEED
CROPS.—Section
519(a)(2)(B) of the Act (7 U.S.C. 1519(a)(2)(B)) is amend-
ed by inserting ‘‘seed crops,’’ after ‘‘turfgrass sod,’’.
(c) CROP INSURANCE PILOT PROJECT.—
(1) COVERAGE.—The Secretary of Agriculture
shall develop and administer a pilot project for crop
insurance coverage that indemnifies crop losses due to
a natural disaster such as insect infestation or dis-
ease.
(2) ACTUARIAL
SOUNDNESS.—A pilot project
under this paragraph shall be actuarially sound, as
determined by the Secretary and administered at no
net cost to the United States Treasury.
(3) DURATION.—A pilot project under this para-
graph shall be of two years’ duration.
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(d) CROP INSURANCE FOR SPECIALTY CROPS.—Sec-
tion 508(a)(6) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(6)) is amended by adding at the end the following:
‘‘(D) ADDITION OF SPECIALTY CROPS.—Not
later than 2 years after the date of enactment of
this subparagraph—
‘‘(i) the Corporation shall issue regula-
tions to expand crop insurance coverage
under this title to include aquaculture; and
‘‘(ii) The Corporation shall conduct a
study and limited pilot program on the fea-
sibility of insuring nursery crops.’’.
(e) MARKETING WINDOWS.—Section 508(j) of the Fed-
eral Crop Insurance Act (7 U.S.C. 1508(j)) is amended by
adding at the end the following:
‘‘(4) MARKETING
WINDOWS.—The Corporation
shall consider marketing windows in determining
whether it is feasible to require planting during a
crop year.’’.
SEC. 503. REVENUE INSURANCE.
Section 508(h) of the Federal Crop Insurance Act (7
U.S.C. 1508(h)) is amended by adding at the end the follow-
ing:
‘‘(9) REVENUE INSURANCE PILOT PROGRAM.—
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‘‘(A) IN GENERAL.—Not later than Decem-
ber 31, 1996, the Secretary shall carry out a
pilot program in a limited number of counties,
as determined by the Secretary, for crop years
1997, 1998, 1999, and 2000, under which a pro-
ducer of corn, wheat, or soybeans may elect to re-
ceive insurance against loss of revenue, as deter-
mined by the Secretary.
‘‘(B) ADMINISTRATION.—Revenue insurance
under this paragraph shall—
‘‘(i) be offered through reinsurance ar-
rangements with private insurance compa-
nies;
‘‘(ii) offer at least a minimum level of
coverage that is an alternative to cata-
strophic crop insurance;
‘‘(iii) be actuarily sound; and
‘‘(iv) require the payment of premiums
and administrative fees by an insured pro-
ducer.’’.
SEC. 504. COLLECTION AND USE OF AGRICULTURAL QUAR-
ANTINE AND INSPECTION FEES.
Subsection (a) of section 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136a) is
amended to read as follows:
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‘‘(a) QUARANTINE AND INSPECTION FEES.—
‘‘(1) FEES AUTHORIZED.—The Secretary of Ag-
riculture may prescribe and collect fees sufficient—
‘‘(A) to cover the cost of providing agricul-
tural quarantine and inspection services in con-
nection 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
international passenger, commercial vessel, com-
mercial 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 Quar-
antine 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 are commensurate with the costs of
agricultural quarantine and inspection services with
respect to the class of persons or entities paying the
fees. The costs of the services with respect to pas-
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sengers as a class includes the costs of related inspec-
tions 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 prescribe.
‘‘(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 pay-
ment penalty, and the overdue fees shall accrue inter-
est, as required by section 3717 of title 31, United
States Code.
‘‘(5) AGRICULTURAL
QUARANTINE
INSPECTION
USER FEE ACCOUNT.—
‘‘(A) ESTABLISHMENT.—There is estab-
lished in the Treasury of the United States a no-
year fund, to be known as the ‘Agricultural
Quarantine Inspection User Fee Account’, which
shall contain all of the fees collected under this
subsection and late payment penalties and inter-
est charges collected under paragraph (4)
through fiscal year 2002.
‘‘(B) USE OF ACCOUNT.—For each of the
fiscal years 1996 through 2002, funds in the Ag-
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ricultural Quarantine Inspection User Fee Ac-
count shall be available, in such amounts as are
provided in advance in appropriations Acts, to
cover the costs associated with the provision of
agricultural quarantine and inspection services
and the administration of this subsection.
Amounts made available under this subpara-
graph shall be available until expended.
‘‘(C) 
EXCESS
FEES.—Fees 
and 
other
amounts collected under this subsection in any of
the fiscal years 1996 through 2002 in excess of
$100,000,000 shall be available for the purposes
specified in subparagraph (B) until expended,
without further appropriation.
‘‘(6) USE OF AMOUNTS COLLECTED AFTER FIS-
CAL YEAR 2002.—After September 30, 2002, the unob-
ligated balance in the Agricultural Quarantine In-
spection User Fee Account and fees and other
amounts collected under this subsection shall be cred-
ited to the Department of Agriculture accounts that
incur the costs associated with the provision of agri-
cultural quarantine and inspection services and the
administration of this subsection. The fees and other
amounts shall remain available to the Secretary until
expended without fiscal year limitation.
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‘‘(7) STAFF
YEARS.—The number of full-time
equivalent positions in the Department of Agriculture
attributable to the provision of agricultural quar-
antine and inspection services and the administration
of this subsection shall not be counted toward the lim-
itation on the total number of full-time equivalent po-
sitions in all agencies specified in section 5(b) of the
Federal Workforce Restructuring Act of 1994 (Public
Law 103–226; 5 U.S.C. 3101 note) or other limita-
tion on the total number of full-time equivalent posi-
tions.’’.
SEC. 505. COMMODITY CREDIT CORPORATION INTEREST
RATE.
Notwithstanding any other provision of law, the
monthly Commodity Credit Corporation interest rate appli-
cable to loans provided for agricultural commodities by the
Corporation shall be 100 basis points greater than the rate
determined under the applicable interest rate formula in
effect on October 1, 1995.
SEC. 506. EVERGLADES AGRICULTURAL AREA.
(a) IN GENERAL.—On July 1, 1996, out of any funds
in the Treasury not otherwise appropriated, the Secretary
of the Treasury shall provide $200,000,000 to the Secretary
of the Interior to carry out this section.
(b) ENTITLEMENT.—The Secretary of the Interior—
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(1) shall accept the funds made available under
subsection (a);
(2) shall be entitled to receive the funds; and
(3) shall use the funds to conduct restoration ac-
tivities in the Everglades ecosystem, which may in-
clude acquiring private acreage in the Everglades Ag-
ricultural Area including approximately 52,000 acres
that is commonly known as the ‘‘Talisman tract’’.
(c) TRANSFERRING FUNDS.—The Secretary of the Inte-
rior may transfer funds to the Army Corps of Engineers,
the State of Florida, or the South Florida Water Manage-
ment District to carry out subsection (b)(3).
(d) DEADLINE.—Not later than December 31, 1999, the
Secretary of the Interior shall utilize the funds for restora-
tion activities referred to in subsection (b)(3).
SEC. 507. FUND FOR RURAL AMERICA.
(a) IN GENERAL.—The Secretary shall create an ac-
count called the Fund for Rural America for the purposes
of providing funds for activities described in subsection (c).
(b) COMMODITY CREDIT CORPORATION.—In each of
the 1996 through 1998 fiscal years, the Secretary shall
transfer into the Fund for Rural America (hereafter referred
to as the ‘‘Account’’)—
(1) $50,000,000 for the 1996 fiscal year;
(2) $100,000,000 for the 1997 fiscal year; and
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(3) $150,000,000 for the 1998 fiscal year.
(c) PURPOSES.—Except as provided in subsection (d),
the Secretary shall provide not more than one-third of the
funds from the Account for activities described in para-
graph (2).
(1) RURAL DEVELOPMENT ACTIVITIES.—The Sec-
retary may use the funds in the Account for the fol-
lowing rural development activities authorized in:
(A) The Housing Act of 1949 for—
(i) direct loans to low income borrow-
ers pursuant to section 502;
(ii) loans for financial assistance for
housing for domestic farm laborers pursu-
ant to section 514;
(iii) financial assistance for housing of
domestic farm labor pursuant to section
516;
(iv) grants and contracts for mutual
and self help housing pursuant to section
523(b)(1)(A); and
(v) grants for Rural Housing Preserva-
tion pursuant to section 533;
(B) The Food Security Act of 1985 for loans
to intermediary borrowers under the Rural De-
velopment Loan Fund;
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(C) Consolidated Farm and Rural Develop-
ment Act for—
(i) grants for Rural Business Enter-
prises pursuant to section 310B (c) and (j);
(ii) direct loans, loan guarantees and
grants for water and waste water projects
pursuant to section 306; and
(iii) down payments assistance to
farmers, section 310E;
(D) grants for outreach to socially dis-
advantaged farmers and ranchers pursuant to
section 2501 of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 2279);
and
(E) grants pursuant to section 204(6) of the
Agricultural Marketing Act of 1946.
(2) RESEARCH.—
(A) IN GENERAL.—The Secretary may use
the funds in the Account for research grants to
increase the competitiveness and farm profit-
ability, protect and enhance natural resources,
increase economic opportunities in farming and
rural communities and expand locally owned
value added processing and marketing oper-
ations.
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(B) ELIGIBLE
GRANTEE.—The Secretary
may make a grant under this paragraph to—
(i) a college or university;
(ii) a State agricultural experiment
station;
(iii) a State Cooperative Extension
Service;
(iv) a research institution or organiza-
tion;
(v) a private organization or person;
or
(iv) a Federal agency.
(C) USE OF GRANT.—
(i) IN GENERAL.—A grant made under
this paragraph may be used by a grantee
for 1 or more of the following uses—
(I) research, ranging from discov-
ery to principles of application;
(II) extension and related private-
sector activities; and
(III) education.
(ii) LIMITATION.—No grant shall be
made for any project, determined by the
Secretary, to be eligible for funding under
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research and commodity promotion pro-
grams administered by the Department.
(D) ADMINISTRATION.—
(i) PRIORITY.—In administering this
paragraph, the Secretary shall—
(I) establish priorities for allocat-
ing grants, based on needs and
oppportunities of the food and agri-
culture system in the United States re-
lated to the goals of the paragraph;
(II) seek and accept proposals for
grants;
(III) determine the relevance and
merit of proposals through a system of
peer and stakeholder review; and
(IV) award grants on the basis of
merit, quality, and relevance to ad-
vancing the national research and ex-
tension purposes.
(ii) 
COMPETITIVE
AWARDING.—A
grant under this paragraph shall be award-
ed on a competitive basis.
(iii) TERMS.—A grant under this
paragraph shall have a term that does not
exceed 5 years.
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(bb) in excess of ten percent
of the annual allocation for com-
modity-specific projects not of the
national scope.
(d) LIMITATIONS.—No funds from the Fund for Rural
America may be used for an activity specified in subsection
(c) if the current level of appropriations for the activity
is less than 90 percent of the 1996 fiscal year appropria-
tions for the activity adjusted for inflation.
Subtitle B—Options Pilot Programs
and Risk Management Education
SEC. 511. SHORT TITLE.
This subtitle may be cited as the ‘‘Options Pilot Pro-
grams Act of 1996’’.
SEC. 512. PURPOSE.
The purpose of this subtitle is to authorize the Sec-
retary of Agriculture (referred to in this subtitle as the
‘‘Secretary’’) to—
(1) conduct research through pilot programs for
1 or more program commodities to ascertain whether
futures and options contracts can provide producers
with reasonable protection from the financial risks of
fluctuations in price, yield, and income inherent in
the production and marketing of agricultural com-
modities; and
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(2) provide education in the management of the
financial risks inherent in the production and mar-
keting of agricultural commodities.
SEC. 513. PILOT PROGRAMS.
(a) IN GENERAL.—The Secretary is authorized to con-
duct pilot programs for 1 or more supported commodities
through December 31, 2002.
(b) DISTRIBUTION OF PILOT PROGRAMS.—The Sec-
retary may operate a pilot program described in subsection
(a) (referred to in this subtitle as a ‘‘pilot program’’) in
up to 100 counties for each program commodity with not
more than 6 of those counties in any 1 State. A pilot pro-
gram shall not be implemented in any county for more than
3 of the 1996 through 2002 calendar years.
(c) ELIGIBLE PARTICIPANTS.—
(1) IN GENERAL.—In carrying out a pilot pro-
gram, the Secretary may contract with a producer
who—
(A) is eligible to participate in a price sup-
port program for a supported commodity;
(B) desires to participate in a pilot pro-
gram; and
(C) is located in an area selected for a pilot
program.
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(2) CONTRACTS.—Each contract under para-
graph (1) shall set forth the terms and conditions for
participation in a pilot program.
(d) ELIGIBLE MARKETS.—Trades for futures and op-
tions contracts under a pilot program shall be carried out
on commodity futures and options markets designated as
contract markets under the Commodity Exchange Act (7
U.S.C. 1 et seq.)
SEC. 514. TERMS AND CONDITIONS.
(a) IN GENERAL.—To be eligible to participate in any
pilot program for any commodity conducted under this sub-
title, a producer shall meet the eligibility requirements es-
tablished under this subtitle (including regulations issued
under this subtitle).
(b) RECORDKEEPING.—Producers shall compile, main-
tain, and submit (or authorize the compilation, mainte-
nance, and submission) of such documentation as the regu-
lations governing any pilot program require.
SEC. 515. NOTICE.
(a) ALTERNATIVE PROGRAMS.—Pilot programs shall
be alternatives to other related programs of the Department
of Agriculture.
(b) NOTICE TO PRODUCERS.—The Secretary shall pro-
vide notice to each producer participating in a pilot pro-
gram that—
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(1) the participation of the producer in a pilot
program is voluntary; and
(2) neither the United States, the Commodity
Credit Corporation, the Federal Crop Insurance Cor-
poration, the Department of Agriculture, nor any
other Federal agency is authorized to guarantee that
participants in the pilot program will be better or
worse off financially as a result of participation in
a pilot program than the producer would have been
if the producer had not participated in a pilot pro-
gram.
SEC. 516. COMMODITY CREDIT CORPORATION.
(a) IN GENERAL.—Pilot programs established under
this subtitle shall be funded by and carried out through the
Commodity Credit Corporation.
(b) LIMITATION.—In conducting the programs, the
Secretary shall, to the maximum extent practicable, operate
the pilot programs in a budget neutral manner.
SEC. 517. RISK MANAGEMENT EDUCATION.
The Secretary shall provide such education in manage-
ment of the financial risks inherent in the production and
marketing of agricultural commodities as the Secretary con-
siders appropriate.
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Subtitle C—Commercial Transpor-
tation of Equine for Slaughter
SEC. 521. FINDINGS.
Congress finds that, to ensure that equine sold for
slaughter are provided humane treatment and care, it is
essential to regulate the transportation, care, handling, and
treatment of equine by any person engaged in the commer-
cial transportation of equine for slaughter.
SEC. 522. DEFINITIONS.
In this subtitle:
(1) COMMERCE.—The term ‘‘commerce’’ means
trade, traffic, transportation, or other commerce by a
person—
(A) between any State, territory, or posses-
sion of the United States, or the District of Co-
lumbia, and any place outside thereof;
(B) between points within the same State,
territory, or possession of the United States, or
the District of Columbia, but through any place
outside thereof; or
(C) within any territory or possession of the
United States or the District of Columbia.
(2) DEPARTMENT.—The term ‘‘Department’’
means the United States Department of Agriculture.
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(3) EQUINE.—The term ‘‘equine’’ means any
member of the Equidae family.
(4) 
EQUINE
FOR
SLAUGHTER.—The 
term
‘‘equine for slaughter’’ means any equine that is
transported, or intended to be transported, by vehicle
to a slaughter facility or intermediate handler from
a sale, auction, or intermediate handler by a person
engaged in the business of transporting equine for
slaughter.
(5) FOAL.—The term ‘‘foal’’ means an equine
that is not more than 6 months of age.
(6) INTERMEDIATE HANDLER.—The term ‘‘inter-
mediate handler’’ means any person regularly en-
gaged in the business of receiving custody of equine
for slaughter in connection with the transport of the
equine to a slaughter facility, including a stockyard,
feedlot, or assembly point.
(7) PERSON.—The term ‘‘person’’ means any in-
dividual, partnership, firm, company, corporation, or
association that regularly transports equine for
slaughter in commerce, except that the term shall not
include an individual or other entity that does not
transport equine for slaughter on a regular basis as
part of a commercial enterprise.
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(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(9) VEHICLE.—The term ‘‘vehicle’’ means any
machine, truck, tractor, trailer, or semitrailer, or any
combination thereof, propelled or drawn by mechani-
cal power and used on a highway in the commercial
transportation of equine for slaughter.
(10) STALLION.—The term ‘‘stallion’’ means any
uncastrated male equine that is 1 year of age or older.
SEC. 523. STANDARDS FOR HUMANE COMMERCIAL TRANS-
PORTATION OF EQUINE FOR SLAUGHTER.
(a) IN GENERAL.—Subject to the availability of appro-
priations, not later than 1 year after the date of enactment
of this subtitle, the Secretary shall issue, by regulation,
standards for the humane commercial transportation by ve-
hicle of equine for slaughter.
(b) PROHIBITION.—No person engaged in the regular
business of transporting equine by vehicle for slaughter as
part of a commercial enterprise shall transport in com-
merce, to a slaughter facility or intermediate handler, an
equine for slaughter except in accordance with the stand-
ards and this subtitle.
(c) MINIMUM REQUIREMENTS.—The standards shall
include minimum requirements for the humane handling,
care, treatment, and equipment necessary to ensure the safe
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and humane transportation of equine for slaughter. The
standards shall require, at a minimum, that—
(1) no equine for slaughter shall be transported
for more than 24 hours without being unloaded from
the vehicle and allowed to rest for at least 8 consecu-
tive hours and given access to adequate quantities of
wholesome food and potable water;
(2) a vehicle shall provide adequate headroom for
an equine for slaughter with a minimum of at least
6 feet, 6 inches of headroom from the roof and beams
or other structural members overhead to floor
underfoot, except that a vehicle transporting 6 equine
or less shall provide a minimum of at least 6 feet of
headroom from the roof and beams or other structural
members overhead to floor underfoot if none of the
equine are over 16 hands;
(3) the interior of a vehicle shall—
(A) be free of protrusions, sharp edges, and
harmful objects;
(B) have ramps and floors that are ade-
quately covered with a nonskid nonmetallic sur-
face; and
(C) be maintained in a sanitary condition;
(4) a vehicle shall—
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(A) provide adequate ventilation and shelter
from extremes of weather and temperature for all
equine;
(B) be of appropriate size, height, and inte-
rior design for the number of equine being car-
ried to prevent overcrowding; and
(C) be equipped with doors and ramps of
sufficient size and location to provide for safe
loading and unloading, including unloading
during emergencies;
(5)(A) equine shall be positioned in the vehicle
by size; and
(B) stallions shall be segregated from other
equine;
(6)(A) all equine for slaughter must be fit to
travel as determined by an accredited veterinarian,
who shall prepare a certificate of inspection, prior to
loading for transport, that—
(i) states that the equine were inspected and
satisfied the requirements of subparagraph (B);
(ii) includes a clear description of each
equine; and
(iii) is valid for 7 days;
(B) no equine shall be transported to slaughter
if the equine is found to be—
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(i) suffering from a broken or dislocated
limb;
(ii) unable to bear weight on all 4 limbs;
(iii) blind in both eyes; or
(iv) obviously suffering from severe illness,
injury, lameness, or physical debilitation that
would make the equine unable to withstand the
stress of transportation;
(C) no foal may be transported for slaughter;
(D) no mare in foal that exhibits signs of im-
pending parturition may be transported for slaughter;
and
(E) no equine for slaughter shall be accepted by
a slaughter facility unless the equine is—
(i) inspected on arrival by an employee of
the slaughter facility or an employee of the De-
partment; and
(ii) accompanied by a certificate of inspec-
tion issued by an accredited veterinarian, not
more than 7 days before the delivery, stating that
the veterinarian inspected the equine on a speci-
fied date.
SEC. 524. RECORDS.
(a) IN GENERAL.—A person engaged in the business
of transporting equine for slaughter shall establish and
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maintain such records, make such reports, and provide such
information as the Secretary may, by regulation, require
for the purposes of carrying out, or determining compliance
with, this subtitle.
(b) MINIMUM REQUIREMENTS.—The records shall in-
clude, at a minimum—
(1) the veterinary certificate of inspection;
(2) the names and addresses of current owners
and consignors, if applicable, of the equine at the
time of sale or consignment to slaughter; and
(3) the bill of sale or other documentation of sale
for each equine.
(c) AVAILABILITY.—The records shall—
(1) accompany the equine during transport to
slaughter;
(2) be retained by any person engaged in the
business of transporting equine for slaughter for a
reasonable period of time, as determined by the Sec-
retary, except that the veterinary certificate of inspec-
tion shall be surrendered at the slaughter facility to
an employee or designee of the Department and kept
by the Department for a reasonable period of time, as
determined by the Secretary; and
(3) on request of an officer or employee of the
Department, be made available at all reasonable
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times for inspection and copying by the officer or em-
ployee.
SEC. 525. AGENTS.
(a) IN GENERAL.—For purposes of this subtitle, the
act, omission, or failure of an individual acting for or em-
ployed by a person engaged in the business of transporting
equine for slaughter, within the scope of the employment
or office of the individual, shall be considered the act, omis-
sion, or failure of the person engaging in the commercial
transportation of equine for slaughter as well as of the indi-
vidual.
(b) ASSISTANCE.—If an equine suffers a substantial
injury or illness while being transported for slaughter on
a vehicle, the driver of the vehicle shall seek prompt assist-
ance from a licensed veterinarian.
SEC. 526. COOPERATIVE AGREEMENTS.
The Secretary is authorized to cooperate with States,
political subdivisions of States, State agencies (including
State departments of agriculture and State law enforcement
agencies), and foreign governments to carry out and enforce
this subtitle (including regulations issued under this sub-
title).
SEC. 527. INVESTIGATIONS AND INSPECTIONS.
(a) IN GENERAL.—The Secretary is authorized to con-
duct such investigations or inspections as the Secretary con-
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siders necessary to enforce this subtitle (including any regu-
lation issued under this subtitle).
(b) ACCESS.—For the purposes of conducting an inves-
tigation or inspection under subsection (a), the Secretary
shall, at all reasonable times, have access to—
(1) the place of business of any person engaged
in the business of transporting equine for slaughter;
(2) the facilities and vehicles used to transport
the equine; and
(3) records required to be maintained under sec-
tion 834.
(c) ASSISTANCE TO OR DESTRUCTION OF EQUINE.—
The Secretary shall issue such regulations as the Secretary
considers necessary to permit employees or agents of the De-
partment to—
(1) provide assistance to any equine that is cov-
ered by this subtitle (including any regulation issued
under this subtitle); or
(2) destroy, in a humane manner, any such
equine found to be suffering.
SEC. 528. INTERFERENCE WITH ENFORCEMENT.
(a) IN GENERAL.—Subject to subsection (b), a person
who forcibly assaults, resists, opposes, impedes, intimidates,
or interferes with any person while engaged in or on ac-
count of the performance of an official duty of the person
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under this subtitle shall be fined not more than $5,000 or
imprisoned not more than 3 years, or both.
(b) WEAPONS.—If the person uses a deadly or dan-
gerous weapon in connection with an action described in
subsection (a), the person shall be fined not more than
$10,000 or imprisoned not more than 10 years, or both.
SEC. 529. JURISDICTION OF COURTS.
Except as provided in section 840(a)(5), a district
court of the United States in any appropriate judicial dis-
trict under section 1391 of title 28, United States Code,
shall have jurisdiction to specifically enforce this subtitle,
to prevent and restrain a violation of this subtitle, and to
otherwise enforce this subtitle.
SEC. 530. CIVIL AND CRIMINAL PENALTIES.
(a) CIVIL PENALTIES.—
(1) IN GENERAL.—A person who violates this
subtitle (including a regulation or standard issued
under this subtitle) shall be assessed a civil penalty
by the Secretary of not more than $2,000 for each vio-
lation.
(2) SEPARATE OFFENSES.—Each equine trans-
ported in violation of this subtitle shall constitute a
separate offense. Each violation and each day during
which a violation continues shall constitute a sepa-
rate offense.
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(3) HEARINGS.—No penalty shall be assessed
under this subsection unless the person who is alleged
to have violated this subtitle is given notice and op-
portunity for a hearing with respect to an alleged vio-
lation.
(4) FINAL ORDER.—An order of the Secretary
assessing a penalty under this subsection shall be
final and conclusive unless the aggrieved person files
an appeal from the order pursuant to paragraph (5).
(5) APPEALS.—Not later than 30 days after
entry of a final order of the Secretary issued pursu-
ant to this subsection, a person aggrieved by the order
may seek review of the order in the appropriate Unit-
ed States Court of Appeals. The Court shall have ex-
clusive jurisdiction to enjoin, set aside, suspend (in
whole or in part), or to determine the validity of the
order.
(6) NONPAYMENT OF PENALTY.—On a failure to
pay the penalty assessed by a final order under this
section, the Secretary shall request the Attorney Gen-
eral to institute a civil action in a district court of
the United States or other United States court for
any district in which the person is found, resides, or
transacts business, to collect the penalty. The court
shall have jurisdiction to hear and decide the action.
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(b) CRIMINAL PENALTIES.—
(1) FIRST OFFENSE.—Subject to paragraph (2),
a person who knowingly violates this subtitle (or a
regulation or standard issued under this subtitle)
shall, on conviction of the violation, be subject to im-
prisonment for not more than 1 year or a fine of not
more than $2,000, or both.
(2) SUBSEQUENT OFFENSES.—On conviction of
a second or subsequent offense described in paragraph
(1), a person shall be subject to imprisonment for not
more than 3 years or to a fine of not more than
$5,000, or both.
SEC. 531. PAYMENTS FOR TEMPORARY OR MEDICAL ASSIST-
ANCE FOR EQUINE DUE TO VIOLATIONS.
From sums received as penalties, fines, or forfeitures
of property for any violation of this subtitle (including a
regulation issued under this subtitle), the Secretary shall
pay the reasonable and necessary costs incurred by any per-
son in providing temporary care or medical assistance for
any equine that needs the care or assistance due to a viola-
tion of this subtitle.
SEC. 532. RELATIONSHIP TO STATE LAW.
Nothing in this subtitle prevents a State from enacting
or enforcing any law (including a regulation) that is not
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inconsistent with this subtitle or that is more restrictive
than this subtitle.
SEC. 533. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for each fiscal year such sums as are necessary to
carry out this subtitle.
(b) LIMITATION.—No provision of this subtitle shall be
effective, or be enforced against any person, during a fiscal
year unless funds to carry out this subtitle have been appro-
priated for the fiscal year.
Subtitle D—Miscellaneous
SEC. 541. LIVESTOCK DEALER TRUST.
Title III of the Packers and Stockyards Act, 1921 (7
U.S.C. 201 et seq.), is amended by adding at the end the
following:
‘‘SEC. 318. LIVESTOCK DEALER TRUST.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) a burden on and obstruction to commerce in
livestock is caused by financing arrangements under
which dealers and market agencies purchasing live-
stock on commission encumber, give lenders security
interests in, or have liens placed on livestock pur-
chased by the dealers and market agencies in cash
sales, or on receivables from or proceeds of such sales,
when payment is not made for the livestock; and
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‘‘(d) HOLDING IN TRUST.—
‘‘(1) IN GENERAL.—The account receivables and
proceeds generated in a cash sale made by a dealer
or a market agency on commission and the inventory
of the dealer or market agency shall be held by the
dealer or market agency in trust for the benefit of the
seller of the livestock until the seller receives payment
in full for the livestock.
‘‘(2) EXEMPTION.—Paragraph (1) does not
apply in the case of a cash sale made by a dealer or
market agency if the total amount of cash sales made
by the dealer or market agency during the preceding
12 months does not exceed $250,000.
‘‘(3) DISHONOR OF INSTRUMENT OF PAYMENT.—
A payment in a sale described in paragraph (1) shall
not be considered to be made if the instrument by
which payment is made is dishonored.
‘‘(4) LOSS OF BENEFIT OF TRUST.—If an instru-
ment by which payment is made in a sale described
in paragraph (1) is dishonored, the seller shall lose
the benefit of the trust under paragraph (1) on the
earlier of—
‘‘(A) the date that is 15 business days after
date on which the seller receives notice of the dis-
honor; or
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‘‘(B) the date that is 30 days after the final
date for making payment under section 409,
unless the seller gives written notice to the dealer or
market agency of the seller’s intention to preserve the
trust and submits a copy of the notice to the Sec-
retary.
‘‘(5) RIGHTS
OF
THIRD-PARTY
PURCHASER.—
The trust established under paragraph (1) shall have
no effect on the rights of a bona fide third-party pur-
chaser of the livestock, without regard to whether the
livestock are delivered to the bona fide purchaser.
‘‘(e) JURISDICTION.—The district courts of the United
States shall have jurisdiction in a civil action—
‘‘(1) by the beneficiary of a trust described in
subsection (c)(1), to enforce payment of the amount
held in trust; and
‘‘(2) by the Secretary, to prevent and restrain
dissipation of a trust described in subsection (c)(1).’’.
SEC. 542. PLANTING OF ENERGY CROPS.
(a) FEED GRAINS.—The first sentence of section
105B(c)(1)(F)(i) of the Agricultural Act of 1949 (7 U.S.C.
1444f(c)(1)(F)(i)) is amended by inserting ‘‘herbaceous pe-
rennial grass, short rotation woody coppice species of trees,
other energy crops designated by the Secretary with high
energy content,’’ after ‘‘mung beans,’’.
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(b) 
WHEAT.—The 
first 
sentence 
of 
section
107B(c)(1)(F)(i) of the Agricultural Act of 1949 (7 U.S.C.
1445b–3a(c)(1)(F)(i)) is amended by inserting ‘‘herbaceous
perennial grass, short rotation woody coppice species of
trees, other energy crops designated by the Secretary with
high energy content,’’ after ‘‘mung beans,’’.
SEC. 543. REIMBURSABLE AGREEMENTS.
Section 737 of Public Law 102–142 (7 U.S.C. 2277)
is amended—
(1) by striking ‘‘SEC. 737. Funds’’ and inserting
the following:
‘‘SEC. 737. SERVICES FOR APHIS PERFORMED OUTSIDE THE
UNITED STATES.
‘‘(a) IN GENERAL.—Funds’’; and
(2) by adding at the end the following:
‘‘(b) REIMBURSABLE AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary of Agriculture
may enter into reimbursable fee agreements with per-
sons for preclearance at locations outside the United
States of plants, plant products, animals, and articles
for movement to the United States.
‘‘(2) OVERTIME, NIGHT, AND HOLIDAY WORK.—
Notwithstanding any other law, the Secretary of Agri-
culture may pay an employee of the Department of
Agriculture preforming services relating to imports
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into and exports from the United States for overtime,
night, and holiday work performed by the employee at
a rate of pay established by the Secretary.
‘‘(3) REIMBURSEMENT.—
‘‘(A) IN GENERAL.—The Secretary of Agri-
culture 
may 
require 
persons 
for 
whom
preclearance services are performed to reimburse
the Secretary for any amounts paid by the Sec-
retary for performance of the services.
‘‘(B) CREDITING OF FUNDS.—All funds col-
lected under subparagraph (A) shall be credited
to the account that incurs the costs and shall re-
main available until expended without fiscal
year limitation.
‘‘(C) LATE PAYMENT PENALTY.—
‘‘(i) IN
GENERAL.—On failure of a
person to reimburse the Secretary of Agri-
culture for the costs of performance of
preclearance services—
‘‘(I) the Secretary may assess a
late payment penalty; and
‘‘(II) the overdue funds shall ac-
crue interest in accordance with sec-
tion 3717 of title 31, United States
Code.
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‘‘(ii) CREDITING OF FUNDS.—Any late
payment penalty and any accrued interest
collected under this subparagraph shall be
credited to the account that incurs the costs
and shall remain available until expended
without fiscal year limitation.’’.
SEC. 544. SWINE HEALTH PROTECTION.
(a) TERMINATION OF STATE PRIMARY ENFORCEMENT
RESPONSIBILITY.—Section 10 of the Swine Health Protec-
tion Act (7 U.S.C. 3809) is amended—
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(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 de-
termines is practicable, the primary enforcement re-
sponsibility of a State under subsection (a). In termi-
nating the primary enforcement responsibility under
this subsection, the Secretary shall work with the ap-
propriate State official to determine the level of sup-
port to be provided to the Secretary by the State
under this Act.
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‘‘(2) REASSUMPTION.—Nothing in this sub-
section shall prevent a State from reassuming pri-
mary enforcement responsibility if the Secretary de-
termines that the State meets the requirements of sub-
section (a).’’.
(b) ADVISORY COMMITTEE.—The Swine Health Pro-
tection 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.
SEC. 545. COOPERATIVE WORK FOR PROTECTION, MANAGE-
MENT, AND IMPROVEMENT OF NATIONAL
FOREST SYSTEM.
The penultimate paragraph of the matter under the
heading ‘‘FOREST SERVICE.’’ of the first section of the
Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C.
498), is amended—
(1) by inserting ‘‘, management,’’ after ‘‘the pro-
tection’’;
(2) by striking ‘‘national forests,’’ and inserting
‘‘National Forest System,’’;
(3) by inserting ‘‘management,’’ after ‘‘protec-
tion,’’ both places it appears; and