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(A) in paragraph (1), by striking ‘‘, or the
owner’s agent,’’; and
(B) in paragraph (2), by striking ‘‘or agent
of the owner’’ each place it appears.
(2) Section 423 of the Plant Protection Act (7
U.S.C. 7733) is amended—
(A) by striking subsection (b) and inserting
the following:
‘‘(b) LOCATION OF PRODUCTION.—The attendance of
any witness and production of documentary evidence rel-
evant to the inquiry may be required from any place in
the United States.’’;
(B) in the third sentence of subsection (e),
by inserting ‘‘to an agency other than the Office
of Administrative Law Judges’’ after ‘‘is dele-
gated’’; and
(C) by striking subsection (f).
(3) Section 11(h) of the Endangered Species Act
of 1973 (16 U.S.C. 1540(h)) is amended in the first
sentence by striking ‘‘animal quarantine laws (21
U.S.C. 101–105, 111–135b, and 612–614)’’ and in-
serting ‘‘animal quarantine laws (as defined in sec-
tion 2509(f) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (21 U.S.C. 136a(f))’’.
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(4) Section 18 of the Federal Meat Inspection
Act (21 U.S.C. 618) is amended by striking ‘‘of the
cattle’’ and all that follows through ‘‘as herein de-
scribed’’ and inserting ‘‘of the carcasses and products
of cattle, sheep, swine, goats, horses, mules, and other
equines’’.
(5) Section 2509 of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (21 U.S.C. 136a) is
amended—
(A) in subsection (c), by inserting after
paragraph (1) the following:
‘‘(2) VETERINARY DIAGNOSTICS.—The Secretary
may prescribe and collect fees to recover the costs of
carrying out the provisions of the Animal Health
Protection Act that relate to veterinary diagnostics.’’;
and
(B) in subsection (f)(1), by striking sub-
paragraphs (B) through (O) and inserting the
following:
‘‘(B) section 9 of the Act of August 30, 1890
(21 U.S.C. 101);
‘‘(C) the Animal Health Protection Act; or
‘‘(D) any other Act administered by the
Secretary relating to plant or animal diseases or
pests.’’.
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(c) EFFECT ON REGULATIONS.—A regulation issued
under a provision of law repealed by subsection (a) shall
remain in effect until the Secretary issues a regulation
under section 1036 that supersedes the earlier regulation.
Subtitle D—General Provisions
SEC. 1041. FEES FOR PESTICIDES.
(a) MAINTENANCE FEE.—
(1) 
AMOUNTS
FOR
REGISTRANTS.—Section
4(i)(5) of the Federal Insecticide, Fungicide, and
Rodenticide 
Act 
(7 
U.S.C. 
136a–1(i)(5)) 
is
amended—
(A) in subparagraph (A), by striking ‘‘each
year’’ and all that follows and inserting ‘‘each
year $2,300 for each registration’’;
(B) in subparagraph (D)—
(i) in clause (i), by striking ‘‘$55,000’’
and inserting ‘‘$70,000’’; and
(ii) 
in 
clause 
(ii), 
by 
striking
‘‘$95,000’’ and inserting ‘‘$120,000’’; and
(C) in subparagraph (E)(i)—
(i) 
in 
subclause 
(I) 
by 
striking
‘‘$38,500’’ and inserting ‘‘$46,000’’; and
(ii) in subclause (II), by striking
‘‘$66,500’’ and inserting ‘‘$80,000’’.
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(2) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C)
of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136(a)–1(i)(5)(C)) is amended—
(A) by striking ‘‘(C)(i) The’’ and inserting
the following:
‘‘(C) TOTAL AMOUNT OF FEES.—The’’;
(B) by striking ‘‘$14,000,000 each fiscal
year’’ and inserting ‘‘$20,000,000 for the period
beginning on January 1, 2002, and ending on
February 28, 2002’’; and
(C) by striking clause (ii).
(3) DEFINITION OF SMALL BUSINESS.—Section
4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a–1(i)(5)(E)(ii)) is
amended—
(A) in subclause (I), by striking ‘‘150’’ and
inserting ‘‘500’’; and
(B) in subclause (II), by striking ‘‘gross rev-
enue from chemicals that did not exceed
$40,000,000’’ and inserting ‘‘global gross revenue
from pesticides that did not exceed $60,000,000’’.
(4) PERIOD OF EFFECTIVENESS.—Section 4(i)(5)
of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a–1(i)(5)) is amended by striking
subparagraph (H) and inserting the following:
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‘‘(H) PERIOD
OF
EFFECTIVENESS.—This
paragraph shall be in effect during the period be-
ginning on January 1, 2002, and ending on
February 28, 2002.’’.
(b) OTHER FEES.—Section 4(i)(6) of the Federal In-
secticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–
1(i)(6)) is amended by striking ‘‘the date of the enactment
of this section and ending on September 30, 2001’’ and in-
serting ‘‘January 1, 2002, and ending on February 28,
2002’’.
(c) EXPEDITED PROCESSING OF SIMILAR APPLICA-
TIONS.—Section 4(k)(3) of the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136a–1(k)(3)) is
amended—
(1) in the paragraph heading, by striking ‘‘EX-
PEDITED’’ and inserting ‘‘REVIEW OF INERT INGREDI-
ENTS; EXPEDITED’’; and
(2) in subparagraph (A)—
(A) by striking ‘‘each of the’’ and all that
follows through ‘‘such fiscal year’’ and inserting
‘‘the period beginning on January 1, 2002, and
ending on February 28, 2002, 1⁄7 of the mainte-
nance fees collected during the period’’;
(B) by redesignating clauses (i), (ii), and
(iii) as subclauses (I), (II), and (III), respec-
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tively, and adjusting the margins appropriately;
and
(C) by striking ‘‘assure the expedited proc-
essing and review of any applicant that’’ and in-
serting the following:
‘‘(i) review and evaluate inert ingredi-
ents; and
‘‘(ii) ensure the expedited processing
and review of any application that—’’.
(d) PESTICIDE TOLERANCE PROCESSING FEES.—Sec-
tion 408(m)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 346a(m)(1)) is amended—
(1) by striking ‘‘The Administrator’’ and insert-
ing the following:
‘‘(A) IN GENERAL.—The Administrator’’;
(2) by striking ‘‘Under the regulations’’ and in-
serting the following:
‘‘(B) INCLUSIONS.—Under the regulations’’;
(3) by redesignating subparagraphs (A), (B),
(C), and (D) as clauses (i), (ii), (iii), and (iv), re-
spectively, and adjusting the margins appropriately;
(4) by striking ‘‘The regulations may’’ and in-
serting the following:
‘‘(C) WAIVER; REFUND.—The regulations
may’’; and
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(5) by adding at the end the following:
‘‘(D) ANNUAL ADJUSTMENT OF FEES.—The
Administrator may annually promulgate regula-
tions to implement changes in the amounts in
the schedule of pesticide tolerance processing fees
in effect on the date of enactment of this sub-
paragraph by the same percentage as the annual
adjustment to the Federal General Schedule pay
scale under section 5303 of title 5, United States
Code.
‘‘(E) PERIOD
OF
EFFECTIVENESS.—This
paragraph shall be in effect during the period be-
ginning on January 1, 2002, and ending on
February 28, 2002.’’.
SEC. 1042. PEST MANAGEMENT IN SCHOOLS.
(a) SHORT TITLE.—This section may be cited as the
‘‘School Environment Protection Act of 2002’’.
(b) PEST MANAGEMENT.—The Federal Insecticide,
Fungicide, and Rodenticide Act is amended—
(1) by redesignating sections 33 and 34 (7
U.S.C. 136x, 136y) as sections 34 and 35, respec-
tively; and
(2) by inserting after section 32 (7 U.S.C. 136w–
7) the following:
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‘‘SEC. 33. PEST MANAGEMENT IN SCHOOLS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BAIT.—The term ‘bait’ means a pesticide
that contains an ingredient that serves as a feeding
stimulant, odor, pheromone, or other attractant for a
target pest.
‘‘(2) CONTACT PERSON.—The term ‘contact per-
son’ means an individual who is—
‘‘(A) knowledgeable about school pest man-
agement plans; and
‘‘(B) designated by a local educational
agency to carry out implementation of the school
pest management plan of a school.
‘‘(3) EMERGENCY.—The term ‘emergency’ means
an urgent need to mitigate or eliminate a pest that
threatens the health or safety of a student or staff
member.
‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ has the meaning given the
term in section 3 of the Elementary and Secondary
Education Act of 1965.
‘‘(5) SCHOOL.—
‘‘(A) IN GENERAL.—The term ‘school’ means
a public—
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‘‘(i) elementary school (as defined in
section 3 of the Elementary and Secondary
Education Act of 1965);
‘‘(ii) secondary school (as defined in
section 3 of that Act);
‘‘(iii) kindergarten or nursery school
that is part of an elementary school or sec-
ondary school; or
‘‘(iv) tribally-funded school.
‘‘(B) INCLUSIONS.—The term ‘school’ in-
cludes any school building, and any area outside
of a school building (including a lawn, play-
ground, sports field, and any other property or
facility), that is controlled, managed, or owned
by the school or school district.
‘‘(6) SCHOOL
PEST
MANAGEMENT
PLAN.—The
term ‘school pest management plan’ means a pest
management plan developed under subsection (b).
‘‘(7) STAFF MEMBER.—
‘‘(A) IN GENERAL.—The term ‘staff member’
means a person employed at a school or local
educational agency.
‘‘(B) EXCLUSIONS.—The term ‘staff mem-
ber’ does not include—
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‘‘(i) a person hired by a school, local
educational agency, or State to apply a pes-
ticide; or
‘‘(ii) a person assisting in the applica-
tion of a pesticide.
‘‘(8) STATE AGENCY.—The term ‘State agency’
means the an agency of a State, or an agency of an
Indian tribe or tribal organization (as those terms
are defined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450b)),
that exercises primary jurisdiction over matters relat-
ing to pesticide regulation.
‘‘(9) UNIVERSAL NOTIFICATION.—The term ‘uni-
versal notification’ means notice provided by a local
educational agency or school to—
‘‘(A) parents, legal guardians, or other per-
sons with legal standing as parents of each child
attending the school; and
‘‘(B) staff members of the school.
‘‘(b) SCHOOL PEST MANAGEMENT PLANS.—
‘‘(1) STATE PLANS.—
‘‘(A) GUIDANCE.—As soon as practicable
(but not later than 180 days) after the date of
enactment of the School Environment Protection
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Act of 2002, the Administrator shall develop, in
accordance with this section—
‘‘(i) guidance for a school pest manage-
ment plan; and
‘‘(ii) a sample school pest management
plan.
‘‘(B) PLAN.—As soon as practicable (but
not later than 1 year) after the date of enact-
ment of the School Environment Protection Act
of 2002, each State agency shall develop and sub-
mit to the Administrator for approval, as part
of the State cooperative agreement under section
23, a school pest management plan for local edu-
cational agencies in the State.
‘‘(C) COMPONENTS.—A school pest manage-
ment plan developed under subparagraph (B)
shall, at a minimum—
‘‘(i) implement a system that—
‘‘(I) eliminates or mitigates health
risks, or economic or aesthetic damage,
caused by pests;
‘‘(II) employs—
‘‘(aa) integrated methods;
‘‘(bb) site or pest inspection;
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‘‘(cc) pest population moni-
toring; and
‘‘(dd) an evaluation of the
need for pest management; and
‘‘(III) is developed taking into
consideration pest management alter-
natives (including sanitation, struc-
tural repair, and mechanical, biologi-
cal, cultural, and pesticide strategies)
that minimize health and environ-
mental risks;
‘‘(ii) require, for pesticide applications
at the school, universal notification to be
provided—
‘‘(I) at the beginning of the school
year;
‘‘(II) at the midpoint of the school
year; and
‘‘(III) at the beginning of any
summer session, as determined by the
school;
‘‘(iii) establish a registry of staff mem-
bers of a school, and of parents, legal guard-
ians, or other persons with legal standing as
parents of each child attending the school,
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that have requested to be notified in ad-
vance of any pesticide application at the
school;
‘‘(iv) establish guidelines that are con-
sistent with the definition of a school pest
management plan under subsection (a);
‘‘(v) require that each local educational
agency use a certified applicator or a per-
son authorized by the State agency to im-
plement the school pest management plans;
‘‘(vi) be consistent with the State coop-
erative agreement under section 23; and
‘‘(vii) require the posting of signs in
accordance with paragraph (4)(G).
‘‘(D) APPROVAL BY ADMINISTRATOR.—Not
later than 90 days after receiving a school pest
management plan submitted by a State agency
under subparagraph (B), the Administrator
shall—
‘‘(i) determine whether the school pest
management plan, at a minimum, meets
the requirements of subparagraph (C); and
‘‘(ii)(I) if the Administrator deter-
mines that the school pest management plan
meets the requirements, approve the school
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pest management plan as part of the State
cooperative agreement; or
‘‘(II) if the Administrator determines
that the school pest management plan does
not meet the requirements—
‘‘(aa) disapprove the school pest
management plan;
‘‘(bb) provide the State agency
with recommendations for and assist-
ance in revising the school pest man-
agement plan to meet the requirements;
and
‘‘(cc) provide a 90-day deadline
by which the State agency shall resub-
mit the revised school pest management
plan to obtain approval of the plan, in
accordance with the State cooperative
agreement.
‘‘(E) DISTRIBUTION
OF
STATE
PLAN
TO
SCHOOLS.—On approval of the school pest man-
agement plan of a State agency, the State agency
shall make the school pest management plan
available to each local educational agency in the
State.
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‘‘(F) EXCEPTION
FOR
EXISTING
STATE
PLANS.—If, on the date of enactment of the
School Environment Protection Act of 2002, a
State has implemented a school pest management
plan that, at a minimum, meets the require-
ments under subparagraph (C) (as determined
by the Administrator), the State agency may
maintain the school pest management plan and
shall not be required to develop a new school pest
management plan under subparagraph (B).
‘‘(2) IMPLEMENTATION BY LOCAL EDUCATIONAL
AGENCIES.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date on which a local educational agen-
cy receives a copy of a school pest management
plan of a State agency under paragraph (1)(E),
the local educational agency shall develop and
implement in each of the schools under the juris-
diction of the local educational agency a school
pest management plan that meets the standards
and requirements under the school pest manage-
ment plan of the State agency, as determined by
the Administrator.
‘‘(B) EXCEPTION FOR EXISTING PLANS.—If,
on the date of enactment of the School Environ-
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ment Protection Act of 2002, a State maintains
a school pest management plan that, at a min-
imum, meets the standards and criteria estab-
lished under this section (as determined by the
Administrator), and a local educational agency
in the State has implemented the State school
pest management plan, the local educational
agency may maintain the school pest manage-
ment plan and shall not be required to develop
and implement a new school pest management
plan under subparagraph (A).
‘‘(C) 
APPLICATION
OF
PESTICIDES
AT
SCHOOLS.—A school pest management plan shall
prohibit—
‘‘(i) the application of a pesticide
(other than a pesticide, including a bait, gel
or paste, described in paragraph (4)(C)) to
any area or room at a school while the area
or room is occupied or in use by students
or staff members (except students or staff
members participating in regular or voca-
tional agricultural instruction involving the
use of pesticides); and
‘‘(ii) the use by students or staff mem-
bers of an area or room treated with a pes-
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ticide by broadcast spraying, baseboard
spraying, tenting, or fogging during—
‘‘(I) the period specified on the
label of the pesticide during which a
treated area or room should remain
unoccupied; or
‘‘(II) if there is no period speci-
fied on the label, the 24-hour period be-
ginning at the end of the treatment.
‘‘(3) CONTACT PERSON.—
‘‘(A) IN GENERAL.—Each local educational
agency shall designate a contact person to carry
out a school pest management plan in schools
under the jurisdiction of the local educational
agency.
‘‘(B) DUTIES.—The contact person of a
local educational agency shall—
‘‘(i) maintain information about the
scheduling of pesticide applications in each
school under the jurisdiction of the local
educational agency;
‘‘(ii) act as a contact for inquiries, and
disseminate information requested by par-
ents or guardians, about the school pest
management plan;
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‘‘(iii) maintain and make available to
parents, legal guardians, or other persons
with legal standing as parents of each child
attending the school, before and during the
notice period and after application—
‘‘(I) copies of material safety data
sheet for pesticides applied at the
school, or copies of material safety data
sheets for end-use dilutions of pes-
ticides applied at the school, if data
sheets are available;
‘‘(II) labels and fact sheets ap-
proved by the Administrator for all
pesticides that may be used by the local
educational agency; and
‘‘(III) any final official informa-
tion related to the pesticide, as pro-
vided to the local educational agency
by the State agency; and
‘‘(iv) for each school, maintain all pes-
ticide use data for each pesticide used at the
school (other than antimicrobial pesticides
(as defined in clauses (i) and (ii) of section
2(mm)(1)(A))) for at least 3 years after the
date on which the pesticide is applied; and
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‘‘(v) make that data available for in-
spection on request by any person.
‘‘(4) NOTIFICATION.—
‘‘(A) UNIVERSAL NOTIFICATION.—At the be-
ginning of each school year, at the midpoint of
each school year, and at the beginning of any
summer session (as determined by the school), a
local educational agency or school shall provide
to staff members of a school, and to parents, legal
guardians, and other persons with legal standing
as parents of students enrolled at the school, a
notice describing the school pest management
plan that includes—
‘‘(i) a summary of the requirements
and procedures under the school pest man-
agement plan;
‘‘(ii) a description of any potential
pest problems that the school may experi-
ence (including a description of the proce-
dures that may be used to address those
problems);
‘‘(iii) the address, telephone number,
and website address of the Office of Pes-
ticide Programs of the Environmental Pro-
tection Agency; and
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‘‘(iv) the following statement (includ-
ing information to be supplied by the school
as indicated in brackets):
‘As part of a school pest management plan, lllll
(insert school name) may use pesticides to control pests. The
Environmental Protection Agency (EPA) and lllll
(insert name of State agency exercising jurisdiction over
pesticide registration and use) registers pesticides for that
use. EPA continues to examine registered pesticides to de-
termine that use of the pesticides in accordance with in-
structions printed on the label does not pose unreasonable
risks to human health and the environment. Nevertheless,
EPA cannot guarantee that registered pesticides do not pose
risks, and unnecessary exposure to pesticides should be
avoided. Based in part on recommendations of a 1993 study
by the National Academy of Sciences that reviewed reg-
istered pesticides and their potential to cause unreasonable
adverse effects on human health, particularly on the health
of pregnant women, infants, and children, Congress enacted
the Food Quality Protection Act of 1996. That law requires
EPA to reevaluate all registered pesticides and new pes-
ticides to measure their safety, taking into account the
unique exposures and sensitivity that pregnant women, in-
fants, and children may have to pesticides. EPA review
under that law is ongoing. You may request to be notified
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at least 24 hours in advance of pesticide applications to
be made and receive information about the applications by
registering with the school. Certain pesticides used by the
school (including baits, pastes, and gels) are exempt from
notification requirements. If you would like more informa-
tion concerning any pesticide application or any product
used at the school, contact lllll (insert name and
phone number of contact person).’.
‘‘(B) NOTIFICATION TO PERSONS ON REG-
ISTRY.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii) and paragraph (5)—
‘‘(I) notice of an upcoming pes-
ticide application at a school shall be
provided to each person on the registry
of the school not later than 24 hours
before the end of the last business day
during which the school is in session
that precedes the day on which the ap-
plication is to be made; and
‘‘(II) the application of a pes-
ticide for which a notice is given under
subclause (I) shall not commence before
the end of the business day.
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‘‘(ii) NOTIFICATION CONCERNING PES-
TICIDES USED IN CURRICULA.—If pesticides
are used as part of a regular vocational ag-
ricultural curriculum of the school, a notice
containing the information described in
subclauses (I), (IV), (VI), and (VII) of
clause (iii) for all pesticides that may be
used as a part of that curriculum shall be
provided to persons on the registry only
once at the beginning of each academic term
of the school.
‘‘(iii) CONTENTS OF NOTICE.—A notice
under clause (i) shall contain—
‘‘(I) the trade name, common
name (if applicable), and Environ-
mental Protection Agency registration
number of each pesticide to be applied;
‘‘(II) a description of each loca-
tion at the school at which a pesticide
is to be applied;
‘‘(III) a description of the date
and time of application, except that, in
the case of an outdoor pesticide appli-
cation, a notice shall include at least 3
dates, in chronological order, on which
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the outdoor pesticide application may
take place if the preceding date is can-
celed;
‘‘(IV) information that the State
agency shall provide to the local edu-
cational agency, including a descrip-
tion of potentially acute and chronic
effects that may result from exposure to
each pesticide to be applied based on—
‘‘(aa) a description of poten-
tially acute and chronic effects
that may result from exposure to
each pesticide to be applied, as
stated on the label of the pesticide
approved by the Administrator;
‘‘(bb) 
information 
derived
from the material safety data
sheet for the end-use dilution of
the pesticide to be applied (if
available) or the material safety
data sheets; and
‘‘(cc) final, official informa-
tion related to the pesticide pre-
pared by the Administrator and
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provided to the local educational
agency by the State agency;
‘‘(V) a description of the purpose
of the application of the pesticide;
‘‘(VI) the address, telephone num-
ber, and website address of the Office of
Pesticide Programs of the Environ-
mental Protection Agency; and
‘‘(VII) the statement described in
subparagraph (A)(iv) (other than the
ninth sentence of that statement).
‘‘(C) NOTIFICATION AND POSTING EXEMP-
TION.—A notice or posting of a sign under sub-
paragraph (A), (B), or (G) shall not be required
for the application at a school of—
‘‘(i) an antimicrobial pesticide;
‘‘(ii) a bait, gel, or paste that is
placed—
‘‘(I) out of reach of children or in
an area that is not accessible to chil-
dren; or
‘‘(II) in a tamper-resistant or
child-resistant container or station;
and
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‘‘(iii) any pesticide that, as of the date
of enactment of the School Environment
Protection Act of 2002, is exempt from the
requirements of this Act under section 25(b)
(including regulations promulgated at sec-
tion 152 of title 40, Code of Federal Regula-
tions (or any successor regulation)).
‘‘(D) NEW
STAFF
MEMBERS
AND
STU-
DENTS.—After the beginning of each school year,
a local educational agency or school within a
local educational agency shall provide each no-
tice required under subparagraph (A) to—
‘‘(i) each new staff member who is em-
ployed during the school year; and
‘‘(ii) the parent or guardian of each
new student enrolled during the school year.
‘‘(E) METHOD OF NOTIFICATION.—A local
educational agency or school may provide a no-
tice under this subsection, using information de-
scribed in paragraph (4), in the form of—
‘‘(i) a written notice sent home with
the students and provided to staff members;
‘‘(ii) a telephone call;
‘‘(iii) direct contact;
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‘‘(iv) a written notice mailed at least
1 week before the application; or
‘‘(v) a notice delivered electronically
(such as through electronic mail or fac-
simile).
‘‘(F) REISSUANCE.—If the date of the appli-
cation of the pesticide needs to be extended be-
yond the period required for notice under this
paragraph, the school shall issue a notice con-
taining only the new date and location of appli-
cation.
‘‘(G) POSTING OF SIGNS.—
‘‘(i) IN GENERAL.—Except as provided
in paragraph (5)—
‘‘(I) a school shall post a sign not
later than the last business day during
which school is in session preceding the
date of application of a pesticide at the
school; and
‘‘(II) the application for which a
sign is posted under subclause (I) shall
not commence before the time that is
24 hours after the end of the business
day on which the sign is posted.
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‘‘(ii) LOCATION.—A sign shall be post-
ed under clause (i)—
‘‘(I) at a central location notice-
able to individuals entering the build-
ing; and
‘‘(II) at the proposed site of appli-
cation.
‘‘(iii) ADMINISTRATION.—A sign re-
quired to be posted under clause (i) shall—
‘‘(I) remain posted for at least 24
hours after the end of the application;
‘‘(II) be—
‘‘(aa) at least 81⁄2 inches by
11 inches for signs posted inside
the school; and
‘‘(bb) at least 4 inches by 5
inches for signs posted outside the
school; and
‘‘(III) contain—
‘‘(aa) information about the
pest problem for which the appli-
cation is necessary;
‘‘(bb) the name of each pes-
ticide to be used;
‘‘(cc) the date of application;
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‘‘(dd) the name and tele-
phone number of the designated
contact person; and
‘‘(ee) the statement contained
in subparagraph (A)(iv).
‘‘(iv) OUTDOOR
PESTICIDE
APPLICA-
TIONS.—
‘‘(I) IN GENERAL.—In the case of
an outdoor pesticide application at a
school, each sign shall include at least
3 dates, in chronological order, on
which the outdoor pesticide application
may take place if the preceding date is
canceled.
‘‘(II) DURATION OF POSTING.—A
sign described in subclause (I) shall be
posted after an outdoor pesticide appli-
cation in accordance with clauses (ii)
and (iii).
‘‘(5) EMERGENCIES.—
‘‘(A) IN GENERAL.—A school may apply a
pesticide at the school without complying with
this part in an emergency, subject to subpara-
graph (B).
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‘‘(B) SUBSEQUENT NOTIFICATION OF PAR-
ENTS, GUARDIANS, AND STAFF MEMBERS.—Not
later than the earlier of the time that is 24 hours
after a school applies a pesticide under this
paragraph or on the morning of the next busi-
ness day, the school shall provide to each parent
or guardian of a student listed on the registry,
a staff member listed on the registry, and the
designated contact person, notice of the applica-
tion of the pesticide in an emergency that
includes—
‘‘(i) the information required for a no-
tice under paragraph (4)(G); and
‘‘(ii) a description of the problem and
the factors that required the application of
the pesticide to avoid a threat to the health
or safety of a student or staff member.
‘‘(C) 
METHOD
OF
NOTIFICATION.—The
school may provide the notice required by para-
graph (B) by any method of notification de-
scribed in paragraph (4)(E).
‘‘(D) POSTING
OF
SIGNS.—Immediately
after the application of a pesticide under this
paragraph, a school shall post a sign warning of
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the pesticide application in accordance with
clauses (ii) through (iv) of paragraph (4)(B).
‘‘(c) RELATIONSHIP TO STATE AND LOCAL REQUIRE-
MENTS.—Nothing in this section (including regulations
promulgated under this section)—
‘‘(1) precludes a State or political subdivision of
a State from imposing on local educational agencies
and schools any requirement under State or local law
(including regulations) that is more stringent than
the requirements imposed under this section; or
‘‘(2) establishes any exception under, or affects
in any other way, section 24(b).
‘‘(d) EXCLUSION OF CERTAIN PEST MANAGEMENT AC-
TIVITIES.—Nothing in this section (including regulations
promulgated under this section) applies to a pest manage-
ment activity that is conducted—
‘‘(1) on or adjacent to a school; and
‘‘(2) by, or at the direction of, a State or local
agency other than a local educational agency.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.’’.
(c) CONFORMING AMENDMENT.—The table of contents
in section 1(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. prec. 121) is amended by striking
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the items relating to sections 30 through 32 and inserting
the following:
‘‘Sec. 30. Minimum requirements for training of maintenance applicators and
service technicians.
‘‘Sec. 31. Environmental Protection Agency minor use program.
‘‘Sec. 32. Department of Agriculture minor use program.
‘‘(a) In general.
‘‘(b)(1) Minor use pesticide data.
‘‘(2) Minor Use Pesticide Data Revolving Fund.
‘‘Sec. 33. Pest management in schools.
‘‘(a) Definitions.
‘‘(1) Bait.
‘‘(2) Contact person.
‘‘(3) Emergency.
‘‘(4) Local educational agency.
‘‘(5) School.
‘‘(6) Staff member.
‘‘(7) State agency.
‘‘(8) Universal notification.
‘‘(b) School pest management plans.
‘‘(1) State plans.
‘‘(2) Implementation by local educational agencies.
‘‘(3) Contact person.
‘‘(4) Notification.
‘‘(5) Emergencies.
‘‘(c) Relationship to State and local requirements.
‘‘(d) Exclusion of certain pest management activities.
‘‘(e) Authorization of appropriations.
‘‘Sec. 34. Severability.
‘‘Sec. 35. Authorization of appropriations.’’.
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect on October 1, 2002.
SEC. 1043. PROHIBITION ON PACKERS OWNING, FEEDING,
OR CONTROLLING LIVESTOCK.
(a) IN GENERAL.—Section 202 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 192), is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
(2) by inserting after subsection (e) the following:
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‘‘(f) Own, feed, or control livestock intended for slaugh-
ter (for more than 14 days prior to slaughter and acting
through the packer or a person that directly or indirectly
controls, or is controlled by or under common control with,
the packer), except that this subsection shall not apply to—
‘‘(1) a cooperative or entity owned by a coopera-
tive, if a majority of the ownership interest in the co-
operative is held by active cooperative members
that—
‘‘(A) own, feed, or control livestock; and
‘‘(B) provide the livestock to the cooperative
for slaughter; or
‘‘(2) a packer that is owned or controlled by pro-
ducers of a type of livestock, if during a calendar year
the packer slaughters less than 2 percent of the head
of that type of livestock slaughtered in the United
States; or’’; and
(3) in subsection (h) (as so redesignated), by
striking ‘‘or (e)’’ and inserting ‘‘(e), or (f)’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to paragraph (2), the
amendments made by subsection (a) take effect on the
date of enactment of this Act.
(2) TRANSITION RULES.—In the case of a packer
that on the date of enactment of this Act owns, feeds,
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or controls livestock intended for slaughter in viola-
tion of section 202(f) of the Packers and Stockyards
Act, 1921 (as amended by subsection (a)), the amend-
ments made by subsection (a) apply to the packer—
(A) in the case of a packer of swine, begin-
ning on the date that is 18 months after the date
of enactment of this Act; and
(B) in the case of a packer of any other
type of livestock, beginning as soon as prac-
ticable, but not later than 180 days, after the
date of enactment of this Act, as determined by
the Secretary of Agriculture.
SEC. 1044. PACKERS AND STOCKYARDS.
(a) DEFINITIONS.—Section 2(a) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended by add-
ing at the end the following:
‘‘(12) LIVESTOCK CONTRACTOR.—The term ‘live-
stock contractor’ means any person engaged in the
business of obtaining livestock under a livestock pro-
duction contract for the purpose of slaughtering the
livestock or selling the livestock for slaughter, if—
‘‘(A) the livestock is obtained by the person
in commerce; or
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‘‘(B) the livestock (including livestock prod-
ucts from the livestock) obtained by the person is
sold or shipped in commerce.
‘‘(13) LIVESTOCK PRODUCTION CONTRACT.—The
term ‘livestock production contract’ means any
growout contract or other arrangement under which
a livestock production contract grower raises and
cares for the livestock in accordance with the instruc-
tions of another person.
‘‘(14) LIVESTOCK PRODUCTION CONTRACT GROW-
ER.—The term ‘livestock production contract grower’
means any person engaged in the business of raising
and caring for livestock in accordance with the in-
structions of another person.’’.
(b) CONTRACTORS.—
(1) IN GENERAL.—The Packers and Stockyards
Act, 1921, is amended by striking ‘‘packer’’ each place
it appears in sections 202, 203, 204, and 205 (7
U.S.C. 192, 193, 194, 195) (other than section 202(c))
and inserting ‘‘packer or livestock contractor’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 202(c) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 192(c)), is
amended by inserting ‘‘, livestock contractor,’’
after ‘‘other packer’’ each place it appears.
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(B) Section 308(a) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 209(a)), is
amended by inserting ‘‘or livestock production
contract’’ after ‘‘poultry growing arrangement’’.
(C) Sections 401 and 403 of the Packers
and Stockyards Act, 1921 (7 U.S.C. 221, 223),
are amended by inserting ‘‘any livestock con-
tractor, and’’ after ‘‘packer,’’ each place it ap-
pears.
(c) RIGHT TO DISCUSS TERMS OF CONTRACT.—The
Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.),
is amended by adding at the end the following:
‘‘SEC. 417. RIGHT TO DISCUSS TERMS OF CONTRACT.
‘‘(a) IN GENERAL.—Notwithstanding a provision in
any contract for the sale or production of livestock or poul-
try that provides that information contained in the contract
is confidential, a party to the contract shall not be prohib-
ited from discussing any terms or details of any contract
with—
‘‘(1) a legal adviser;
‘‘(2) a lender;
‘‘(3) an accountant;
‘‘(4) an executive or manager;
‘‘(5) a landlord;
‘‘(6) a family member; or
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‘‘(7) a Federal or State agency with responsi-
bility for—
‘‘(A) enforcing a statute designed to protect
a party to the contract; or
‘‘(B) administering this Act.
‘‘(b) EFFECT ON STATE LAWS.—Subsection (a) does
not affect State laws that address confidentiality provisions
in contracts for the sale or production of livestock or poul-
try.’’.
SEC. 1045. UNLAWFUL STOCKYARD PRACTICES INVOLVING
NONAMBULATORY LIVESTOCK.
(a) IN GENERAL.—Title III of the Packers and Stock-
yards Act, 1921, is amended by inserting after section 317
(7 U.S.C. 217a) the following:
‘‘SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING
NONAMBULATORY LIVESTOCK.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) HUMANELY EUTHANIZED.—The term ‘hu-
manely euthanized’ means to kill an animal by me-
chanical, chemical, or other means that immediately
render the animal unconscious, with this state re-
maining until the animal’s death.
‘‘(2) NONAMBULATORY
LIVESTOCK.—The term
‘nonambulatory livestock’ means any livestock that is
unable to stand and walk unassisted.
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‘‘(b) UNLAWFUL PRACTICES.—
‘‘(1) IN GENERAL.—It shall be unlawful under
section 312 for any stockyard owner, market agency,
or dealer to buy, sell, give, receive, transfer, market,
hold, or drag any nonambulatory livestock unless the
nonambulatory 
livestock 
has 
been 
humanely
euthanized.
‘‘(2) EXCEPTIONS.—
‘‘(A) NON-GIPSA
FARMS.—Paragraph (1)
shall not apply to any farm the animal care
practices of which are not subject to the author-
ity of the Grain Inspection, Packers, and Stock-
yards Administration.
‘‘(B) VETERINARY
CARE.—Paragraph (1)
shall not apply in a case in which non-
ambulatory livestock receive veterinary care in-
tended to render the livestock ambulatory.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by sub-
section (a) takes effect 1 year after the date of the en-
actment of this Act.
(2) REGULATIONS.—Not later than 1 year after
the date of enactment of this Act, the Secretary of Ag-
riculture shall promulgate regulations consistent with
the amendment, relating to the handling, treatment,
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and disposition of nonambulatory livestock at live-
stock marketing facilities or by dealers.
SEC. 1046. ARBITRATION CLAUSES.
Title IV of the Packers and Stockyards Act, 1921, is
amended by inserting after section 413 (7 U.S.C. 228b–4)
the following:
‘‘SEC. 413A. ARBITRATION CLAUSES.
‘‘Notwithstanding any other provision of law, in the
case of a contract for the sale or production of livestock or
poultry under this Act that is entered into or renewed after
the date of enactment of this section and that includes a
provision that requires arbitration of a dispute arising
from the contract, a person that seeks to resolve a dispute
under the contract may, notwithstanding the terms of the
contract, elect—
‘‘(1) to arbitrate the dispute in accordance with
the contract; or
‘‘(2) to resolve the dispute in accordance with
any other lawful method of dispute resolution, includ-
ing mediation and civil action.’’.
SEC. 1047. COTTON CLASSIFICATION SERVICES.
The first sentence of section 3a of the Act of March
3, 1927 (commonly known as the ‘‘Cotton Statistics and
Estimates Act’’) (7 U.S.C. 473), is amended by striking
‘‘2002’’ and inserting ‘‘2006’’.
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SEC. 1048. PROTECTION FOR PURCHASERS OF FARM PROD-
UCTS.
Section 1324 of the Food Security Act of 1985 (7
U.S.C. 1631) is amended—
(1) in subsection (c)(4)—
(A) in subparagraph (B), by striking
‘‘signed,’’ and inserting ‘‘signed, authorized, or
otherwise authenticated by the debtor,’’;
(B) by striking subparagraph (C);
(C) in subparagraph (D)—
(i) in clause (iii), by adding ‘‘and’’
after the semicolon at the end; and
(ii) in clause (iv), by striking ‘‘appli-
cable;’’ and all that follows and inserting
‘‘applicable, and the name of each county or
parish in which the farm products are
growing or located;’’; and
(D) by redesignating subparagraphs (D)
through (I) as subparagraphs (C) through (H),
respectively;
(2) in subsection (e)—
(A) in paragraph (1)(A)—
(i) in clause (ii)—
(I) in subclause (III), by adding
‘‘and’’ after the semicolon at the end;
and
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(II) in subclause (IV), by striking
‘‘crop year,’’ and all that follows and
inserting ‘‘crop year, and the name of
each county or parish in which the
farm products are growing or lo-
cated;’’; and
(iii) in clause (v), by inserting ‘‘con-
tains’’ before ‘‘any payment’’; and
(B) in paragraph (3)—
(i) in subparagraph (A), by striking
‘‘subparagraph’’ and inserting ‘‘subsection’’;
and
(ii) in subparagraph (B), by striking
‘‘; and’’ and inserting a period; and
(3) subsection (g)(2)(A)—
(A) in clause (ii)—
(i) in subclause (III), by adding ‘‘and’’
after the semicolon at the end; and
(ii) in subclause (IV), by striking
‘‘crop year,’’ and all that follows and insert-
ing ‘‘crop year, and the name of each coun-
ty or parish in which the farm products are
growing or located;’’; and
(B) in clause (v), by inserting ‘‘contains’’
before ‘‘any payment’’.
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SEC. 1049. IMPROVED STANDARDS FOR THE CARE AND
TREATMENT OF CERTAIN ANIMALS.
(a) SOCIALIZATION
PLAN; BREEDING
RESTRIC-
TIONS.—Section 13(a)(2) of the Animal Welfare Act (7
U.S.C. 2143(a)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at
the end;
(2) in subparagraph (B), by striking the period
at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) for the socialization of dogs intended
for sale as pets with other dogs and people,
through compliance with a performance standard
developed by the Secretary based on the rec-
ommendations of veterinarians and animal wel-
fare and behavior experts that—
‘‘(i) identifies actions that dealers and
inspectors shall take to ensure adequate so-
cialization; and
‘‘(ii) identifies a set of behavioral
measures that inspectors shall use to evalu-
ate adequate socialization; and
‘‘(D) for addressing the initiation and fre-
quency of breeding of female dogs so that a fe-
male dog is not—
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‘‘(i) bred before the female dog has
reached at least 1 year of age; and
‘‘(ii) whelped more frequently than 3
times in any 24-month period.’’.
(b) SUSPENSION OR REVOCATION OF LICENSE, CIVIL
PENALTIES, JUDICIAL
REVIEW, 
AND
CRIMINAL
PEN-
ALTIES.—Section 19 of the Animal Welfare Act (7 U.S.C.
2149) is amended—
(1) by striking ‘‘SEC. 19. (a) If the Secretary’’
and inserting the following:
‘‘SEC. 19. SUSPENSION OR REVOCATION OF LICENSE, CIVIL
PENALTIES, JUDICIAL REVIEW, AND CRIMI-
NAL PENALTIES.
‘‘(a) SUSPENSION OR REVOCATION OF LICENSE.—
‘‘(1) IN GENERAL.—If the Secretary’’;
(2) in subsection (a)—
(A) in paragraph (1) (as designated by
paragraph (1)), by striking ‘‘if such violation’’
and all that follows and inserting ‘‘if the Sec-
retary determines that 1 or more violations have
occurred.’’; and
(B) by adding at the end the following:
‘‘(2) LICENSE
REVOCATION.—If the Secretary
finds that any person licensed as a dealer, exhibitor,
or operator of an auction sale subject to section 12,
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has committed a serious violation (as determined by
the Secretary) of any rule, regulation, or standard
governing the humane handling, transportation, vet-
erinary care, housing, breeding, socialization, feeding,
watering, or other humane treatment of dogs under
section 12 or 13 on 3 or more separate inspections
within any 8-year period, the Secretary shall—
‘‘(A) suspend the license of the person for 21
days; and
‘‘(B) after providing notice and a hearing
not more than 30 days after the third violation
is noted on an inspection report, revoke the li-
cense of the person unless the Secretary makes a
written finding that revocation is unwarranted
because 
of 
extraordinary 
extenuating 
cir-
cumstances.’’;
(3) in subsection (b), by striking ‘‘(b) Any deal-
er’’ and inserting ‘‘(b) CIVIL PENALTIES.—Any deal-
er’’;
(4) in subsection (c), by striking ‘‘(c) Any deal-
er’’ and inserting ‘‘(c) JUDICIAL REVIEW.—Any deal-
er’’; and
(5) in subsection (d), by striking ‘‘(d) Any deal-
er’’ and inserting ‘‘(d) CRIMINAL PENALTIES.—Any
dealer’’.
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(c) REGULATIONS.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Agriculture
shall promulgate such regulations as are necessary to carry
out the amendments made by this section, including devel-
opment of the standards required by the amendments made
by subsection (a).
SEC. 1050. EXPANSION OF STATE MARKETING PROGRAMS.
(a) STATE MARKETING PROGRAMS.—Section 204(b) of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b))
is amended—
(1) by striking ‘‘(b) The’’ and all that follows
through ‘‘: Provided, That no’’ and inserting the fol-
lowing:
‘‘(b) STATE MARKETING PROGRAMS.—
‘‘(1) IN GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary of Agri-
culture shall make available $7,000,000 for fiscal year
2003, 
$8,000,000 
for 
fiscal 
year 
2004, 
and
$10,000,000 for each of fiscal years 2005 and 2006 for
allotment to State departments of agriculture, State
bureaus and departments of markets, State agricul-
tural experiment stations, and other appropriate
State agencies for cooperative projects in marketing
service and in marketing research to effectuate the
purposes of—
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‘‘(A) title II of this Act; and
‘‘(B) the Farmer’s Market Promotion Pro-
gram established under section 6 of the Farmer-
to-Consumer Direct Marketing Act of 1976.
‘‘(2) SMALL
FARMS
AND
LIMITED
RESOURCE
FARMERS.—Of the funds made available under para-
graph (1), a priority shall be given for initiatives de-
signed to support direct and other marketing efforts
of small farms and limited resource farmers.
‘‘(3) STATE FUNDS.—No’’;
(2) by striking ‘‘The funds which’’ and inserting
the following:
‘‘(4) ADDITIONAL FUNDS.—The funds that’’;
(3) by striking ‘‘The allotments’’ and inserting
the following:
‘‘(5) RECIPIENT AGENCIES.—The allotments’’;
(4) by striking ‘‘Such allotments’’ and inserting
the following:
‘‘(6) COOPERATIVE
AGREEMENTS.—The allot-
ments’’; and
(5) by striking ‘‘Should duplication’’ and insert-
ing the following:
‘‘(7) DUPLICATION.—If duplication’’.
(b) FARMERS’ MARKET PROMOTION PROGRAM.—
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(1) SURVEY.—Section 4 of the Farmer-to-Con-
sumer Direct Marketing Act of 1976 (7 U.S.C. 3003)
is amended—
(A) in the first sentence, by striking ‘‘a con-
tinuing’’ and inserting ‘‘an annual’’; and
(B) by striking the second sentence.
(2) DIRECT MARKETING ASSISTANCE.—Section 5
of the Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3004) is amended—
(A) in subsection (a)—
(i) in the first sentence, by striking
‘‘Extension Service of the United States De-
partment of Agriculture’’ and inserting
‘‘Secretary’’; and
(ii) in the second sentence—
(I) by striking ‘‘Extension Serv-
ice’’ and inserting ‘‘Secretary’’; and
(II) by striking ‘‘and on the basis
of which of these two agencies, or com-
bination thereof, can best perform these
activities’’ and inserting ‘‘, as deter-
mined by the Secretary’’;
(B) by redesignating subsection (b) as sub-
section (c); and
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(C) by inserting after subsection (a) the fol-
lowing:
‘‘(b) DEVELOPMENT
OF FARMERS’ MARKETS.—The
Secretary shall—
‘‘(1) work with the Governor of a State, and a
State agency designated by the Governor, to develop
programs to train managers of farmers’ markets;
‘‘(2) develop opportunities to share information
among managers of farmers’ markets;
‘‘(3) establish a program to train cooperative ex-
tension service employees in the development of direct
marketing techniques; and
‘‘(4) work with producers to develop farmers’
markets.’’.
(3) FARMERS’ MARKET PROMOTION PROGRAM.—
The Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3001 et seq.) is amended by inserting
after section 5 the following:
‘‘SEC. 6. FARMERS’ MARKET PROMOTION PROGRAM.
‘‘(a) ESTABLISHMENT.—The Secretary shall carry out
a program, to be known as the ‘Farmers’ Market Promotion
Program’ (referred to in this section as the ‘Program’), to
make grants to eligible entities for projects to establish, ex-
pand, and promote farmers’ markets.
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‘‘(b) PROGRAM PURPOSES.—The purposes of the Pro-
gram are—
‘‘(1) to increase domestic consumption of agricul-
tural commodities by improving and expanding, or
assisting in the improvement and expansion of, do-
mestic farmers’ markets, roadside stands, community-
supported agriculture programs, and other direct pro-
ducer-to-consumer infrastructure; and
‘‘(2) to develop, or aid in the development of,
new farmers’ markets, roadside stands, community-
supported agriculture programs, and other direct pro-
ducer-to-consumer infrastructure.
‘‘(c) ELIGIBLE ENTITIES.—An entity shall be eligible
to receive a grant under the Program if the entity is—
‘‘(1) an agricultural cooperative;
‘‘(2) a local government;
‘‘(3) a nonprofit corporation;
‘‘(4) a public benefit corporation;
‘‘(5) an economic development corporation;
‘‘(6) a regional farmers’ market authority; or
‘‘(7) such other entity as the Secretary may des-
ignate.
‘‘(d) CRITERIA AND GUIDELINES.—The Secretary shall
establish criteria and guidelines for the submission, evalua-
tion, and funding of proposed projects under the Program.
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‘‘(e) AMOUNT.—
‘‘(1) IN
GENERAL.—Under the Program, the
amount of a grant to an eligible entity for any 1
project shall be not more than $500,000 for any 1 fis-
cal year.
‘‘(2) AVAILABILITY.—The amount of a grant to
an eligible entity for a project shall be available until
expended or until the date on which the project termi-
nates.
‘‘(f) COST SHARING.—
‘‘(1) IN GENERAL.—The share of the costs of a
project covered by a grant awarded under the Pro-
gram shall not exceed 60 percent.
‘‘(2) GRANTEE SHARE.—
‘‘(A) FORM.—The non-Federal share of the
cost of a project carried out under the Program
may be paid in the form of cash or the provision
of services, materials, or other in-kind contribu-
tions.
‘‘(B) LIMITATION.—The value of any real or
personal property owned by an eligible entity as
of the date on which the eligible entity submits
a proposal for a project under the Program shall
not be credited toward the grantee share required
under this paragraph.
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‘‘(g) FUNDING.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $10,000,000 for
each of fiscal years 2002 through 2006.
‘‘(2) LIMITATION.—Except for funds made avail-
able pursuant to section 204(b) of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1623(b)), no
amounts may be made available to carry out this sec-
tion unless specifically provided by an appropriation
Act.’’.
SEC. 1051. DEFINITION OF ANIMAL UNDER THE ANIMAL
WELFARE ACT.
Section 2(g) of the Animal Welfare Act (7 U.S.C.
2132(g)) is amended by striking ‘‘excludes horses not used
for research purposes and’’ and inserting the following: ‘‘ex-
cludes birds, rats of the genus Rattus, and mice of the genus
Mus bred for use in research, horses not used for research
purposes, and’’.
SEC. 1052. PENALTIES AND FOREIGN COMMERCE PROVI-
SIONS OF THE ANIMAL WELFARE ACT.
(a) PENALTIES AND FOREIGN COMMERCE PROVISIONS
OF THE ANIMAL WELFARE ACT.—Section 26 of the Animal
Welfare Act (7 U.S.C. 2156) is amended—
(1) in subsection (e)—
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(A) by inserting ‘‘PENALTIES.—’’ after
‘‘(e)’’;
(B) by striking ‘‘$5,000’’ and inserting
‘‘$15,000’’; and
(C) by striking ‘‘1 year’’ and inserting ‘‘2
years’’; and
(2) in subsection (g)(2)(B), by inserting at the
end before the semicolon the following: ‘‘or from any
State into any foreign country’’.
(b) EFFECTIVE DATE.—The amendments made by this
section take effect 30 days after the date of the enactment
of this Act.
SEC. 1053. PROHIBITION ON INTERSTATE MOVEMENT OF
ANIMALS FOR ANIMAL FIGHTING.
(a) PROHIBITION ON INTERSTATE MOVEMENT OF ANI-
MALS FOR ANIMAL FIGHTING.—Section 26(d) of the Animal
Welfare Act (7 U.S.C. 2156(d)) is amended to read as fol-
lows:
‘‘(d) ACTIVITIES NOT SUBJECT TO PROHIBITION.—
This section does not apply to the selling, buying, trans-
porting, or delivery of an animal in interstate or foreign
commerce for any purpose, so long as the purpose does not
include participation of the animal in an animal fighting
venture.’’.
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(b) EFFECTIVE DATE.—The amendment made by this
section take effect 30 days after the date of the enactment
of this Act.
SEC. 1054. OUTREACH AND ASSISTANCE FOR SOCIALLY DIS-
ADVANTAGED FARMERS AND RANCHERS.
(a) IN GENERAL.—Section 2501 of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279) is amended by striking subsection (a) and inserting
the following:
‘‘(a) OUTREACH AND ASSISTANCE.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) DEPARTMENT.—The term ‘Depart-
ment’ means the Department of Agriculture.
‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible
entity’ means—
‘‘(i) any community-based organiza-
tion, network, or coalition of community-
based organizations that—
‘‘(I) has demonstrated experience
in providing agricultural education or
other agriculturally related services to
socially disadvantaged farmers and
ranchers;
‘‘(II) has provided to the Sec-
retary documentary evidence of work
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with socially disadvantaged farmers
and ranchers during the 2-year period
preceding the submission of an appli-
cation for assistance under this sub-
section; and
‘‘(III) has not engaged in activi-
ties prohibited under section 501(c)(3)
of the Internal Revenue Code of 1986;
‘‘(ii)(I) an 1890 institution (as defined
in section 2 of the Agricultural Research,
Extension, and Education Reform Act of
1998 (7 U.S.C. 7601)), including West Vir-
ginia State College;
‘‘(II) a 1994 institution (as defined in
section 2 of that Act);
‘‘(III) an Indian tribal community
college;
‘‘(IV) an Alaska Native cooperative col-
lege;
‘‘(V) a Hispanic-serving institution (as
defined in section 1404 of the National Ag-
ricultural Research, Extension, and Teach-
ing Policy Act of 1977 (7 U.S.C. 3103));
and
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‘‘(VI) any other institution of higher
education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C.
1001)) that has demonstrated experience in
providing agriculture education or other ag-
riculturally related services to socially dis-
advantaged farmers and ranchers in a re-
gion; and
‘‘(iii) an Indian tribe (as defined in section
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) or a na-
tional tribal organization that has demonstrated
experience in providing agriculture education or
other agriculturally related services to socially
disadvantaged farmers and ranchers in a region.
‘‘(C) SECRETARY.—The term ‘Secretary’
means the Secretary of Agriculture.
‘‘(2) PROGRAM.—The Secretary shall carry out
an outreach and technical assistance program to en-
courage and assist socially disadvantaged farmers
and ranchers—
‘‘(A) in owning and operating farms and
ranches; and
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‘‘(B) in participating equitably in the full
range of agricultural programs offered by the De-
partment.
‘‘(3) REQUIREMENTS.—The outreach and tech-
nical assistance program under paragraph (2)
shall—
‘‘(A) enhance coordination of the outreach,
technical assistance, and education efforts au-
thorized under various agriculture programs;
and
‘‘(B) include information on, and assistance
with—
‘‘(i) commodity, conservation, credit,
rural, and business development programs;
‘‘(ii) application and bidding proce-
dures;
‘‘(iii) farm and risk management;
‘‘(iv) marketing; and
‘‘(v) other activities essential to par-
ticipation in agricultural and other pro-
grams of the Department.
‘‘(4) GRANTS AND CONTRACTS.—
‘‘(A) IN
GENERAL.—The Secretary may
make grants to, and enter into contracts and
other agreements with, an eligible entity to pro-
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vide information and technical assistance under
this subsection.
‘‘(B) RELATIONSHIP TO OTHER LAW.—The
authority to carry out this section shall be in ad-
dition to any other authority provided in this or
any other Act.
‘‘(5) FUNDING.—
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this subsection $25,000,000 for each
of fiscal years 2002 through 2006.
‘‘(B) INTERAGENCY FUNDING.—In addition
to funds authorized to be appropriated under
subparagraph (A), any agency of the Depart-
ment may participate in any grant, contract, or
agreement entered into under this section by con-
tributing funds, if the agency determined that
the objectives of the grant, contract, or agreement
will further the authorized programs of the con-
tributing agency.’’.
(b) 
DEFINITION
OF
SOCIALLY
DISADVANTAGED
GROUP.—Section 2501(e)(1) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 2279(e)(1)) is
amended by striking ‘‘racial or ethnic’’ and inserting ‘‘gen-
der, racial, or ethnic’’.
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SEC. 1055. WILD FISH AND WILD SHELLFISH.
Section 2104 of the Organic Foods Production Act of
1990 (7 U.S.C. 6503) is amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) WILD FISH AND WILD SHELLFISH.—
‘‘(1) IN
GENERAL.—Notwithstanding section
2107(a)(1), the Secretary may allow, through regula-
tions promulgated after public notice and opportunity
for comment, wild fish or wild shellfish harvested
from salt water to be certified or labeled as organic.
‘‘(2) CONSULTATION AND ACCOMMODATION.—In
carrying out paragraph (1), the Secretary shall—
‘‘(A) consult with—
‘‘(i) the Secretary of Commerce;
‘‘(ii) the National Organic Standards
Board established under section 2119;
‘‘(iii) producers, processors, and sellers;
and
‘‘(iv) other interested members of the
public; and
‘‘(B) to the maximum extent practicable,
accommodate the unique characteristics of the in-
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dustries in the United States that harvest and
process wild fish and shellfish.’’.
SEC. 1056. ASSISTANT SECRETARY OF AGRICULTURE FOR
CIVIL RIGHTS.
(a) IN GENERAL.—Section 218 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6918) is
amended by adding at the end the following:
‘‘(f) ASSISTANT SECRETARY OF AGRICULTURE FOR
CIVIL RIGHTS.—
‘‘(1) DEFINITION OF SOCIALLY DISADVANTAGED
FARMER OR RANCHER.—In this subsection, the term
‘socially disadvantaged farmer or rancher’ has the
meaning given the term in section 355(e) of the Con-
solidated Farm and Rural Development Act (7 U.S.C.
2003(e)).
‘‘(2) ESTABLISHMENT OF POSITION.—The Sec-
retary shall establish within the Department the posi-
tion of Assistant Secretary of Agriculture for Civil
Rights.
‘‘(3) APPOINTMENT.—The Assistant Secretary of
Agriculture for Civil Rights shall be appointed by the
President, by and with the advice and consent of the
Senate.
‘‘(4) DUTIES.—The Assistant Secretary of Agri-
culture for Civil Rights shall—
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‘‘(A) enforce and coordinate compliance
with all civil rights laws and related laws—
‘‘(i) by the agencies of the Department;
and
‘‘(ii) under all programs of the Depart-
ment (including all programs supported
with Department funds);
‘‘(B) ensure that—
‘‘(i) the Department has measurable
goals for treating customers and employees
fairly and on a nondiscriminatory basis;
and
‘‘(ii) the goals and the progress made
in meeting the goals are included in—
‘‘(I) strategic plans of the Depart-
ment; and
‘‘(II) annual reviews of the plans;
‘‘(C) compile and publicly disclose data
used in assessing civil rights compliance in
achieving on a nondiscriminatory basis partici-
pation of socially disadvantaged farmers and
ranchers in programs of the Department;
‘‘(D)(i) hold Department agency heads and
senior executives accountable for civil rights com-
pliance and performance; and
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‘‘(ii) assess performance of Department
agency heads and senior executives on the basis
of success made in those areas;
‘‘(E) ensure, to the maximum extent
practicable—
‘‘(i) a sufficient level of participation
by socially disadvantaged farmers and
ranchers in deliberations of county and
area committees established under section
8(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)); and
‘‘(ii) that participation data and elec-
tion results involving the committees are
made available to the public; and
‘‘(F) perform such other functions as may
be prescribed by the Secretary.’’.
(b) COMPENSATION.—Section 5315 of title 5, United
States Code, is amended by striking ‘‘Assistant Secretaries
of Agriculture (2)’’ and inserting ‘‘Assistant Secretaries of
Agriculture (3)’’.
(c) CONFORMING AMENDMENTS.—Section 296(b) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 7014(b)) is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the
end;
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(2) in paragraph (4), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(5) the authority of the Secretary to establish
within the Department the position of Assistant Sec-
retary of Agriculture for Civil Rights under section
218(f).’’.
SEC. 1057. TRANSPARENCY AND ACCOUNTABILITY FOR SO-
CIALLY 
DISADVANTAGED 
FARMERS 
AND
RANCHERS; PUBLIC DISCLOSURE REQUIRE-
MENTS FOR COUNTY COMMITTEE ELECTIONS.
(a) TRANSPARENCY AND ACCOUNTABILITY FOR SO-
CIALLY DISADVANTAGED FARMERS AND RANCHERS.—The
Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by inserting after section 2501 (7 U.S.C. 2279)
the following:
‘‘SEC. 2501A. TRANSPARENCY AND ACCOUNTABILITY FOR
SOCIALLY DISADVANTAGED FARMERS AND
RANCHERS.
‘‘(a) PURPOSE.—The purpose of this section is to en-
sure compilation and public disclosure of data to assess and
hold the Department of Agriculture accountable for the non-
discriminatory participation of socially disadvantaged
farmers and ranchers in programs of the Department.
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‘‘(b) DEFINITION
OF
SOCIALLY
DISADVANTAGED
FARMER OR RANCHER.—In this section, the term ‘socially
disadvantaged farmer or rancher’ has the meaning given
the term in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e)).
‘‘(c) COMPILATION
OF
PROGRAM
PARTICIPATION
DATA.—
‘‘(1) ANNUAL REQUIREMENT.—For each county
and State in the United States, the Secretary shall
compute annually the participation rate of socially
disadvantaged farmers and ranchers as a percentage
of the total participation of all farmers and ranchers
for each program of the Department of Agriculture es-
tablished for farmers or ranchers.
‘‘(2) DETERMINATION
OF
PARTICIPATION.—In
determining the rates under paragraph (1), the Sec-
retary shall consider, for each county and State, the
number of socially disadvantaged farmers and ranch-
ers of each race, ethnicity, and gender in proportion
to the total number of farmers and ranchers partici-
pating in each program.’’.
(b) PUBLIC DISCLOSURE REQUIREMENTS FOR COUNTY
COMMITTEE ELECTIONS.—Section 8(b)(5) of the Soil Con-
servation and Domestic Allotment Act (16 U.S.C.
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590h(b)(5)) is amended by striking subparagraph (B) and
inserting the following:
‘‘(B) ESTABLISHMENT AND ELECTIONS FOR
COUNTY, AREA, OR LOCAL COMMITTEES.—
‘‘(i) ESTABLISHMENT.—
‘‘(I) IN GENERAL.—In each coun-
ty or area in which activities are car-
ried out under this section, the Sec-
retary shall establish a county or area
committee.
‘‘(II) 
LOCAL
ADMINISTRATIVE
AREAS.—The Secretary may designate
local administrative areas within a
county or a larger area under the ju-
risdiction of a committee established
under subclause (I).
‘‘(ii) COMPOSITION OF COUNTY, AREA,
OR LOCAL COMMITTEES.—A committee es-
tablished under clause (i) shall consist of
not fewer than 3 nor more than 5 members
that—
‘‘(I) are fairly representative of
the agricultural producers within the
area covered by the county, area, or
local committee; and
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‘‘(II) are elected by the agricul-
tural producers that participate or co-
operate 
in 
programs 
administered
within the area under the jurisdiction
of the county, area, or local committee.
‘‘(iii) ELECTIONS.—
‘‘(I) IN
GENERAL.—Subject to
subclauses (II) through (V), the Sec-
retary shall establish procedures for
nominations and elections to county,
area, or local committees.
‘‘(II) NONDISCRIMINATION STATE-
MENT.—Each solicitation of nomina-
tions for, and notice of elections of, a
county, area, or local committee shall
include the nondiscrimination state-
ment used by the Secretary.
‘‘(III) NOMINATIONS.—
‘‘(aa) ELIGIBILITY.—To be
eligible for nomination and elec-
tion to the applicable county,
area, or local committee, as deter-
mined by the Secretary, an agri-
cultural producer shall be located
within the area under the juris-
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diction of a county, area, or local
committee, and participate or co-
operate in programs administered
within that area.
‘‘(bb) OUTREACH.—In addi-
tion to such nominating proce-
dures as the Secretary may pre-
scribe, the Secretary shall solicit
and accept nominations from or-
ganizations representing the inter-
ests 
of 
socially 
disadvantaged
groups (as defined in section
355(e)(1) 
of 
the 
Consolidated
Farm and Rural Development Act
(7 U.S.C. 2003(e)(1)).
‘‘(IV) OPENING OF BALLOTS.—
‘‘(aa) PUBLIC
NOTICE.—At
least 10 days before the date on
which ballots are to be opened and
counted, a county, area, or local
committee 
shall 
announce 
the
date, time, and place at which
election ballots will be opened and
counted.
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‘‘(bb) 
OPENING
OF
BAL-
LOTS.—Election ballots shall not
be opened until the date and time
announced under item (aa).
‘‘(cc) 
OBSERVATION.—Any
person may observe the opening
and counting of the election bal-
lots.
‘‘(V) REPORT OF ELECTION.—Not
later than 20 days after the date on
which an election is held, a county,
area, or local committee shall file an
election report with the Secretary and
the State office of the Farm Service
Agency that includes—
‘‘(aa) the number of eligible
voters in the area covered by the
county, area, or local committee;
‘‘(bb) the number of ballots
cast in the election by eligible vot-
ers (including the percentage of el-
igible voters that cast ballots);
‘‘(cc) the number of ballots
disqualified in the election;
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‘‘(dd) the percentage that the
number of ballots disqualified is
of the number of ballots received;
‘‘(ee) the number of nominees
for each seat up for election;
‘‘(ff) the race, ethnicity, and
gender of each nominee, as pro-
vided through the voluntary self-
identification of each nominee;
and
‘‘(gg) the final election re-
sults (including the number of
ballots received by each nominee).
‘‘(VI) NATIONAL
REPORT.—Not
later than 90 days after the date on
which the first election of a county,
area, or local committee that occurs
after the date of enactment of the Agri-
culture, Conservation, and Rural En-
hancement Act of 2002 is held, the Sec-
retary shall complete a report that con-
solidates all the election data reported
to the Secretary under subclause (V).
‘‘(VII) ELECTION REFORM.—
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‘‘(aa) ANALYSIS.—If deter-
mined necessary by the Secretary
after analyzing the data contained
in the report under subclause
(VI), the Secretary shall promul-
gate and publish in the Federal
Register proposed uniform guide-
lines for conducting elections for
members and alternate members
of county, area, and local commit-
tees not later than 1 year after the
date of completion of the report.
‘‘(bb) INCLUSION.—The pro-
cedures promulgated by the Sec-
retary under item (aa) shall en-
sure fair representation of socially
disadvantaged groups described in
subclause (III)(bb) in an area
covered by the county, area, or
local committee, in cases in which
those groups are underrepresented
on the county, area, or local com-
mittee for that area.
‘‘(cc) METHODS
OF
INCLU-
SION.—Notwithstanding 
clause
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(ii), the Secretary may ensure in-
clusion of socially disadvantaged
farmers and ranchers through
provisions allowing for appoint-
ment of additional voting mem-
bers to a county, area, or local
committee or through other meth-
ods.
‘‘(iv) TERM OF OFFICE.—The term of
office for a member of a county, area, or
local committee shall not exceed 3 years.
‘‘(v) PUBLIC
AVAILABILITY
AND
RE-
PORT TO CONGRESS.—
‘‘(I) PUBLIC
DISCLOSURE.—The
Secretary shall maintain and make
readily available to the public, via
website and otherwise in electronic and
paper form, all data required to be col-
lected and computed under section
2501A(c) of the Food, Agriculture,
Conservation, and Trade Act of 1990
and clause (iii)(V) collected annually
since the most recent Census of Agri-
culture.
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‘‘(II) REPORT
TO
CONGRESS.—
After each Census of Agriculture, the
Secretary shall report to Congress the
rate of loss or gain in participation by
each socially disadvantaged group, by
race, ethnicity, and gender, since the
previous Census.’’.
SEC. 1058. ANIMAL ENTERPRISE TERRORISM.
(a) IN GENERAL.—Section 43 of title 18, United
States Code, is amended—
(1) by striking subsections (a) and (b) and in-
serting the following:
‘‘(a) OFFENSE.—
‘‘(1) IN GENERAL.—It shall be unlawful for a
person to—
‘‘(A) travel in interstate or foreign com-
merce, or use or cause to be used the mail or any
facility in interstate or foreign commerce, for the
purpose of causing physical disruption to the
functioning of an animal enterprise; and
‘‘(B) intentionally damage or cause the loss
of any property (including an animal or record)
used by the animal enterprise, or conspire to do
so.
‘‘(b) PENALTIES.—
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‘‘(1) ECONOMIC DAMAGE.—A person that, in the
course of a violation of subsection (a), causes eco-
nomic damage to an animal enterprise in an amount
less than $10,000 shall be imprisoned not more than
6 months, fined under this title, or both.
‘‘(2) MAJOR ECONOMIC DAMAGE.—A person that,
in the course of a violation of subsection (a), causes
economic damage to an animal enterprise in an
amount equal to or greater than $10,000 shall be im-
prisoned not more than 3 years, fined under this title,
or both.
‘‘(3) SERIOUS BODILY INJURY.—A person that,
in the course of a violation of subsection (a), causes
serious bodily injury to another individual shall be
imprisoned not more than 20 years, fined under this
title, or both.
‘‘(4) DEATH.—A person that, in the course of a
violation of subsection (a), causes the death of an in-
dividual shall be imprisoned for life or for any term
of years, fined under this title, or both.’’; and
(2) in subsection (c)—
(A) in the matter preceding paragraph (1),
by striking ‘‘restitution—’’ and inserting ‘‘res-
titution for—’’;
(B) in paragraph (1)—
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(i) by striking ‘‘for’’; and
(ii) by striking ‘‘and’’ at the end;
(C) in paragraph (2), by striking the period
at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(3) any other economic damage resulting from
the offense.’’.
SEC. 1059. PSEUDORABIES ERADICATION PROGRAM.
Section 2506(d) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (21 U.S.C. 114i(d)) is amended
by striking ‘‘2002’’ and inserting ‘‘2006’’.
SEC. 1060. TRANSPORTATION OF POULTRY AND OTHER ANI-
MALS.
Section 5402(d)(2) of title 39, United States Code (as
amended by section 651(2) of Public Law 107–67 (115 Stat.
557)), is amended by striking subparagraph (C).
SEC. 1061. EMERGENCY GRANTS TO ASSIST LOW-INCOME
MIGRANT AND SEASONAL FARMWORKERS.
Section 2281 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (42 U.S.C. 5177a) is amended—
(1) in subsection (a), by striking ‘‘, not to exceed
$20,000,000 annually,’’; and
(2) by striking subsection (c) and inserting the
following:
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‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$40,000,000 for each of fiscal years 2002 through 2006.’’.
SEC. 1062. TREE ASSISTANCE PROGRAM.
(a) IN GENERAL.—Section 194 of the Federal Agri-
culture Improvement and Reform Act of 1996 (Public Law
104–127; 110 Stat. 945) is amended to read as follows:
‘‘SEC. 194. TREE ASSISTANCE PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ORCHARDIST.—The term ‘eligible
orchardist’ means a person that produces annual
crops from trees for commercial purposes,
‘‘(2) NATURAL
DISASTER.—The term ‘natural
disaster’ means plant disease, insect infestation,
drought, fire, freeze, flood, earthquake, and other nat-
ural occurrences, as determined by the Secretary.
‘‘(3) TREE.—The term ‘tree’ includes trees,
bushes, and vines.
‘‘(4) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(b) ELIGIBILITY.—
‘‘(1) LOSS.—Subject to paragraph (2), the Sec-
retary shall provide assistance in accordance with
subsection (c) to eligible orchardists that, as deter-
mined by the Secretary—
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‘‘(A) planted trees for commercial purposes;
and
‘‘(B) lost those trees as a result of a natural
disaster.
‘‘(2) LIMITATION.—An eligible orchardist shall
qualify for assistance under subsection (c) only if the
tree mortality rate of the orchardist, as a result of the
natural disaster, exceeds 15 percent (adjusted for nor-
mal mortality), as determined by the Secretary.
‘‘(c) ASSISTANCE.—
‘‘(1) IN GENERAL.—Assistance provided by the
Secretary to eligible orchardists for losses described in
subsection (b) shall consist of—
‘‘(A) reimbursement of 75 percent of the cost
of replanting trees lost due to a natural disaster,
as determined by the Secretary, in excess of 15
percent mortality (adjusted for normal mor-
tality); or
‘‘(B) at the discretion of the Secretary, suf-
ficient tree seedlings to reestablish the stand.
‘‘(2) LIMITATION ON ASSISTANCE.—
‘‘(A) LIMITATION.—The total amount of
payments that a person may receive under this
section shall not exceed—
‘‘(i) $100,000; or
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‘‘(ii) an equivalent value in tree seed-
lings.
‘‘(B) REGULATIONS.—The Secretary shall
promulgate regulations that—
‘‘(i) define the term ‘person’ for the
purposes of this section (which definition
shall conform, to the extent practicable, to
the regulations defining the term ‘person’
promulgated under section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308); and
‘‘(ii) prescribe such rules as the Sec-
retary determines are necessary to ensure a
fair and reasonable application of the limi-
tation established under this section.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Notwith-
standing section 161, there is authorized to be appropriated
such sums as are necessary to carry out this section for each
of fiscal years 2002 through 2006.’’.
(b) APPLICATION DATE.—The amendment made by
subsection (a) shall apply to tree losses that are incurred
as a result of a natural disaster after January 1, 2000.
SEC. 1063. PRECLEARANCE QUARANTINE INSPECTIONS.
The Food, Agriculture, Conservation, and Trade Act
of 1990 is amended by inserting after section 2505 (Public
Law 101–624; 104 Stat. 4068) the following:
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‘‘SEC. 2505A. PRECLEARANCE QUARANTINE INSPECTIONS.
‘‘(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary of Agriculture, acting through the Administrator of
the Animal and Plant Health Inspection Service, shall con-
duct, at all direct departure and interline airports in the
State of Hawaii, preclearance quarantine inspections of
persons, baggage, cargo, and any other articles destined for
movement from the State of Hawaii to—
‘‘(1) the continental United States;
‘‘(2) Guam;
‘‘(3) Puerto Rico; or
‘‘(4) the Virgin Islands of the United States.
‘‘(b) LIMITATION.—Subsection (a) shall not be imple-
mented unless appropriations for necessary expenses of the
Animal and Plant Health Inspection Service for inspection,
quarantine, and regulatory activities are increased by an
amount not less than $3,000,000 in a fiscal year 2002 ap-
propriation Act other than the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agen-
cies Appropriations Act, 2002 (Public Law 107–76).’’.
SEC. 1064. EMERGENCY LOANS FOR SEED PRODUCERS.
Section 253(b)(5)(B) of the Agricultural Risk Protec-
tion Act of 2000 (Public Law 106–224; 114 Stat. 423) is
amended by striking ‘‘18 months’’ and inserting ‘‘54
months’’.
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SEC. 1065. NATIONAL ORGANIC CERTIFICATION COST-
SHARE PROGRAM.
(a) IN GENERAL.—Of funds of the Commodity Credit
Corporation, the Secretary of Agriculture (acting through
the Agricultural Marketing Service) shall use $3,500,000 for
fiscal year 2002, $3,500,000 for each of fiscal years 2003
and 2004, and $3,000,000 for fiscal year 2005 to establish
a national organic certification cost-share program to assist
producers and handlers of agricultural products in obtain-
ing certification under the national organic production pro-
gram established under the Organic Foods Production Act
of 1990 (7 U.S.C. 6501 et seq.).
(b) FEDERAL SHARE.—
(1) IN GENERAL.—Subject to paragraph (2), the
Secretary shall pay under this section not more than
75 percent of the costs incurred by a producer or han-
dler in obtaining certification under the national or-
ganic production program, as certified to and ap-
proved by the Secretary.
(2) MAXIMUM AMOUNT.—The maximum amount
of a payment made to a producer or handler under
this section shall be $500.
SEC. 1066. FOOD SAFETY COMMISSION.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established a com-
mission to be known as the ‘‘Food Safety Commis-
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sion’’ (referred to in this section as the ‘‘Commis-
sion’’).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall
be composed of 15 members, of whom—
(i) 4 shall be appointed by the Major-
ity Leader of the Senate;
(ii) 3 shall be appointed by the Minor-
ity Leader of the Senate;
(iii) 4 shall be appointed by the Speak-
er of the House of Representatives;
(iv) 3 shall be appointed by the Minor-
ity Leader of the House of Representatives;
and
(v) 1 shall—
(I) be appointed jointly by the
Speaker of the House of Representa-
tives and the Majority Leader of the
Senate; and
(II) serve as chairperson.
(B) 
ELIGIBILITY.—Members 
of 
the
Commission—
(i) shall be knowledgeable or have ex-
pertise or training in matters under the ju-
risdiction of the Commission;
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(ii) shall represent, at a minimum—
(I) consumer groups;
(II) food processors, producers,
and retailers;
(III) public health professionals;
(IV) food inspectors;
(V) former or current food safety
regulators;
(VI) members of academia; or
(VII) any other interested indi-
viduals; and
(iii) shall not be Federal employees.
(C) DATE
OF
APPOINTMENTS.—The ap-
pointment of a member of the Commission shall
be made not later than 60 days after the date of
enactment of this Act.
(D) CONSULTATION.—The Speaker of the
House of Representatives, the Minority Leader of
the House of Representatives, the Majority Lead-
er of the Senate, and the Minority Leader of the
Senate shall consult among themselves prior to
appointing the members of the Commission
under subparagraph (A) to achieve, to the max-
imum extent practicable—
(i) consensus on the appointments; and
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(ii) fair and equitable representation of
various points of view with respect to mat-
ters reviewed by the Commission.
(E) 
VACANCIES.—A 
vacancy 
on 
the
Commission—
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled—
(I) not later than 60 days after
the date on which the vacancy occurs;
and
(II) in the same manner as the
original appointment was made.
(3) MEETINGS.—
(A) INITIAL MEETING.—The initial meeting
of the Commission shall be conducted not later
than 30 days after the later of—
(i) the date of appointment of the final
member of the Commission; or
(ii) the date on which funds authorized
to be appropriated under subsection (f)(1)
are made available.
(B) OTHER
MEETINGS.—The Commission
shall meet at the call of the Chairperson.
(4) QUORUM; STANDING RULES.—
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(A) QUORUM.—A majority of the members
of the Commission shall constitute a quorum to
conduct business.
(B) STANDING RULES.—At the first meeting
of the Commission, the Commission shall adopt
standing rules of the Commission to guide the
conduct of business and decisionmaking of the
Commission.
(C) CONSENSUS.—
(i) IN GENERAL.—To the maximum ex-
tent practicable, the Commission shall carry
out the duties of the Commission by reach-
ing consensus.
(ii) VOTING.—
(I) IN GENERAL.—If the Commis-
sion is unable to achieve consensus
with respect to a particular decision,
the Commission shall vote on the deci-
sion.
(II) AUTHORITY.—Each member
of the Commission shall have 1 vote,
which vote shall be accorded the same
weight as a vote of each other voting
member.
(b) DUTIES.—
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(1) RECOMMENDATIONS.—
(A) IN
GENERAL.—The Commission shall
make specific recommendations that build on
and implement, to the maximum extent prac-
ticable, the recommendations contained in the re-
port of the National Academy of Sciences enti-
tled ‘‘Ensuring Safe Food from Production to
Consumption’’ and that shall serve as the basis
for draft legislative language to—
(i) improve the food safety system;
(ii) improve public health;
(iii) create a harmonized, central
framework for managing Federal food safety
programs (including outbreak management,
standard-setting, 
inspection, 
monitoring,
surveillance, risk assessment, enforcement,
research, and education);
(iv) enhance the effectiveness of Federal
food safety resources; and
(v) eliminate, to the maximum extent
practicable, gaps, conflicts, duplication, and
failures in the food safety system.
(B) 
COMPONENTS.—Recommendations
made by the Commission under subparagraph
(A) shall, at a minimum, address—
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(i) all food available commercially in
the United States, including meat, poultry,
eggs, seafood, and produce;
(ii) the application of all resources
based on risk, including resources for in-
spection, research, enforcement, and edu-
cation;
(iii) shortfalls, redundancy, and incon-
sistency in laws (including regulations);
and
(iv) the use of science-based methods,
performance standards, and preventative
control systems to ensure the safety of the
food supply of the United States.
(2) REPORT.—Not later than 1 year after the
date on which the Commission first meets, the Com-
mission shall submit to the President and Congress a
comprehensive report that includes—
(A) the findings, conclusions, and rec-
ommendations of the Commission;
(B) a summary of any reports submitted to
the Commission under subsection (e) by—
(i) the Advisory Commission on Inter-
governmental Relations; and
(ii) the National Academy of Sciences;
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(C) a summary of any other material used
by the Commission in the preparation of the re-
port under this paragraph; and
(D) if requested by 1 or more members of
the Commission, a statement of the minority
views of the Commission.
(c) POWERS OF THE COMMISSION.—
(1) HEARINGS.—The Commission or, at the di-
rection of the Commission, any subcommittee or mem-
ber of the Commission, may, for the purpose of car-
rying out this section hold such hearings, meet and
act at such times and places, take such testimony, re-
ceive such evidence, and administer such oaths, as the
Commission or such subcommittee or member con-
siders advisable.
(2) WITNESS ALLOWANCES AND FEES.—
(A) IN GENERAL.—Section 1821 of title 28,
United States Code, shall apply to a witness re-
quested to appear at a hearing of the Commis-
sion.
(B) EXPENSES.—The per diem and mileage
allowances for a witness shall be paid from funds
available to pay the expenses of the Commission.
(3) INFORMATION FROM FEDERAL AGENCIES.—
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(A) IN GENERAL.—The Commission may se-
cure directly, from any Federal Department or
agency, such information as the Commission
considers necessary to carry out the duties of the
Commission under subsection (b).
(B) PROVISION OF INFORMATION.—
(i) IN GENERAL.—Subject to subpara-
graph (C), on the request of the Commis-
sion, the head of a department or agency
described in subparagraph (A) shall furnish
information requested by the Commission to
the Commission.
(ii) ADMINISTRATION.—The furnishing
of information by a department or agency
to the Commission shall not be considered a
waiver of any exemption available to the
department or agency under section 552 of
title 5, United States Code.
(C) INFORMATION TO BE KEPT CONFIDEN-
TIAL.—
(i) IN GENERAL.—For purposes of sec-
tion 1905 of title 18, United States Code—
(I) the Commission shall be con-
sidered an agency of the Federal Gov-
ernment; and
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(II) any individual employed by
an individual, entity, or organization
that is a party to a contract with the
Commission under subsection (e) shall
be considered an employee of the Com-
mission.
(ii) PROHIBITION
ON
DISCLOSURE.—
Information obtained by the Commission,
other than information that is available to
the public, shall not be disclosed to any per-
son in any manner except—
(I) to an employee of the Commis-
sion described in clause (i), for the
purpose of receiving, reviewing, or
processing the information;
(II) in compliance with a court
order; or
(III) in any case in which the in-
formation is publicly released by the
Commission in an aggregate or sum-
mary form that does not directly or in-
directly disclose—
(aa) the identity of any per-
son or business entity; or
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(bb) any information the re-
lease of which is prohibited under
section 1905 of title 18, United
States Code.
(d) COMMISSION PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—A member of
the Commission shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for
each day (including travel time) during which the
member is engaged in the performance of the duties
of the Commission.
(2) TRAVEL EXPENSES.—A member of the Com-
mission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
an employee of an agency under subchapter I of chap-
ter 57 of title 5, United States Code, while away from
the home or regular place of business of the member
in the performance of the duties of the Commission.
(3) STAFF.—
(A) IN GENERAL.—The Chairperson of the
Commission may, without regard to the civil
service laws (including regulations), appoint and
terminate an executive director and such other
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additional personnel as are necessary to enable
the Commission to perform the duties of the
Commission.
(B) CONFIRMATION OF EXECUTIVE DIREC-
TOR.—The employment of an executive director
shall be subject to confirmation by the Commis-
sion.
(C) COMPENSATION.—
(i) IN GENERAL.—Except as provided
in clause (ii), the Chairperson of the Com-
mission may fix the compensation of the ex-
ecutive director and other personnel without
regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5,
United States Code, relating to classifica-
tion of positions and General Schedule pay
rates.
(ii) MAXIMUM RATE OF PAY.—The rate
of pay for the executive director and other
personnel shall not exceed the rate payable
for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(4) DETAIL OF FEDERAL GOVERNMENT EMPLOY-
EES.—
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(A) IN
GENERAL.—Notwithstanding any
other provision of law (including an Act of ap-
propriation), an employee of the Federal Govern-
ment may be detailed to the Commission, with-
out reimbursement, for such period of time as the
Commission may require.
(B) CIVIL SERVICE STATUS.—The detail of
the employee shall be without interruption or
loss of civil service status or privilege.
(5) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairperson of the Com-
mission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5,
United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(e) CONTRACTS FOR RESEARCH.—
(1) ADVISORY
COMMISSION
ON
INTERGOVERN-
MENTAL RELATIONS.—
(A) IN GENERAL.—In carrying out the du-
ties of the Commission under subsection (b), the
Commission may enter into contracts with the
Advisory Commission on Intergovernmental Re-
lations under which the Advisory Commission on
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Intergovernmental Relations shall conduct a
thorough review of, and shall catalogue, all ap-
plicable Federal, State, local, and tribal laws,
regulations, and ordinances that pertain to food
safety in the United States.
(B) REPORT.—A contract under subpara-
graph (A) shall require that, not later than 240
days after the date on which the Commission
first meets, the Advisory Commission on Inter-
governmental Relations shall submit to the Com-
mission a report that describes the results of the
services rendered by the Advisory Commission on
Intergovernmental Relations under the contract.
(2) NATIONAL ACADEMY OF SCIENCES.—
(A) IN GENERAL.—In carrying out the du-
ties of the Commission under subsection (b), the
Commission may enter in contracts with the Na-
tional Academy of Sciences to obtain research or
other assistance.
(B) REPORT.—A contract under subpara-
graph (A) shall require that, not later than 240
days after the date on which the Commission
first meets, the National Academy of Sciences
shall submit to the Commission a report that de-
scribes the results of the services to be rendered
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by the National Academy of Sciences under the
contract.
(3) OTHER
ORGANIZATIONS.—Nothing in this
subsection limits or otherwise affects the ability of the
Commission to enter into a contract with an entity
or organization that is not described in paragraph
(1) or (2) to obtain assistance in conducting research
necessary to carry out the duties of the Commission
under subsection (b).
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $3,000,000.
(2) LIMITATION.—No payment may be made
under subsection (d) or (e) except to the extent pro-
vided for in advance in an appropriations Act.
(g) TERMINATION.—The Commission shall terminate
on the date that is 60 days after the date on which the Com-
mission submits the recommendations and report under
subsection (b).
SEC. 1067. HUMANE METHODS OF ANIMAL SLAUGHTER.
It is the sense of Congress that—
(1) the Secretary of Agriculture should—
(A) resume tracking the number of viola-
tions of Public Law 85–765 (7 U.S.C. 1901 et
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seq.) and report the results and relevant trends
annually to Congress; and
(B) fully enforce Public Law 85–765 by en-
suring that humane methods in the slaughter of
livestock—
(i) prevent needless suffering;
(ii) result in safer and better working
conditions for persons engaged in the
slaughtering of livestock;
(iii) bring about improvement of prod-
ucts and economies in slaughtering oper-
ations; and
(iv) produce other benefits for pro-
ducers, processors, and consumers that tend
to expedite an orderly flow of livestock and
livestock products in interstate and foreign
commerce; and
(2) it should be the policy of the United States
that the slaughtering of livestock and the handling of
livestock in connection with slaughter shall be carried
out only by humane methods.
SEC. 1068. PENALTIES FOR VIOLATIONS OF PLANT PROTEC-
TION ACT.
Section 424 of the Plant Protection Act (7 U.S.C.
7734) is amended—
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(1) by striking subsection (a) and inserting the
following:
‘‘(a) CRIMINAL PENALTIES.—
‘‘(1) IN
GENERAL.—A person that knowingly
violates this title shall be subject to criminal penalties
in accordance with this subsection.
‘‘(2) MAJOR VIOLATIONS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), a person that commits a
violation of this title described in this subpara-
graph shall be guilty of a felony and, on convic-
tion, shall be imprisoned not more than 5 years,
fined not more than $25,000, or both, in the case
of a violation of this title involving—
‘‘(i) plant pests;
‘‘(ii) more than 50 pounds of plants;
‘‘(iii) more than 5 pounds of plant
products;
‘‘(iv) more than 50 pounds of noxious
weeds;
‘‘(v) possession with intent to dis-
tribute or sell items described in clause (i),
(ii), (iii), or (iv), knowing the items have
been involved in a violation of this title; or
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‘‘(vi) forging, counterfeiting, or without
authority from the Secretary, using, alter-
ing, defacing, or destroying a certificate,
permit, or other document provided under
this title.
‘‘(B) MULTIPLE VIOLATIONS.—On the sec-
ond and any subsequent conviction of a person
of a violation of this title described in subpara-
graph (A), the person shall be imprisoned not
more than 10 years or fined not more than
$50,000, or both.
‘‘(C) INTENT
TO
HARM
AGRICULTURE
OF
UNITED
STATES.—In the case of a knowing
movement in violation of this title by a person
of a plant, plant product, biological control orga-
nism, plant pest, noxious weed, article, or means
of conveyance into, out of, or within the United
States, with the intent to harm the agriculture of
the United States by introduction into the
United States or dissemination of a plant pest or
noxious weed within the United States, the per-
son shall be imprisoned not less than 10 nor
more than 20 years, fined not more than
$500,000, or both.
‘‘(3) OTHER VIOLATIONS.—
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a person shall be imprisoned not
more than 1 year, fined not more than $1,000,
or both, in the case of a violation of this title
involving—
‘‘(i) 50 pounds or less of plants;
‘‘(ii) 5 pounds or less of plant prod-
ucts; or
‘‘(iii) 50 pounds or less of noxious
weeds.
‘‘(B) MULTIPLE VIOLATIONS.—On the sec-
ond and any subsequent conviction of a person
that commits a violation of this title described in
this subparagraph shall be guilty of a mis-
demeanor and, on conviction, of a violation of
this title described in subparagraph (A), the per-
son shall be imprisoned not more than 3 years,
fined not more than $10,000, or both.’’;
(2) by redesignating subsections (b), (c), and (d)
as subsections (c), (e), (f), respectively;
(3) by inserting after subsection (a) the fol-
lowing:
‘‘(b) CRIMINAL FORFEITURE.—
‘‘(1) IN GENERAL.—In imposing a sentence on a
person convicted of a violation of this title, in addi-
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tion to any other penalty imposed under this section
and irrespective of any provision of State law, a
court shall order that the person forfeit to the United
States—
‘‘(A) any of the property of the person used
to commit or to facilitate the commission of the
violation (other than a misdemeanor); and
‘‘(B) any property, real or personal, consti-
tuting, derived from, or traceable to any proceeds
that the person obtained directly or indirectly as
a result of the violation.
‘‘(2) PROCEDURES.—All property subject to for-
feiture under this subsection, any seizure and disposi-
tion of the property, and any proceeding relating to
the forfeiture shall be subject to the procedures of sec-
tion 413 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 853), other than
subsections (d) and (q).
‘‘(3) PROCEEDS.—The proceeds from the sale of
any forfeited property, and any funds forfeited, under
this subsection shall be used—
‘‘(A) first, to reimburse the Department of
Justice, the United States Postal Service, and
the Department of the Treasury for any costs in-
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curred by the Departments and the Service to
initiate and complete the forfeiture proceeding;
‘‘(B) second, to reimburse the Office of In-
spector General of the Department of Agriculture
for any costs incurred by the Office in the law
enforcement effort resulting in the forfeiture;
‘‘(C) third, to reimburse any Federal or
State law enforcement agency for any costs in-
curred in the law enforcement effort resulting in
the forfeiture; and
‘‘(D) fourth, by the Secretary to carry out
the functions of the Secretary under this title.’’;
and
(4) by inserting after subsection (c) (as redesig-
nated by paragraph (2)) the following:
‘‘(c) CIVIL FORFEITURE.—
‘‘(1) IN GENERAL.—There shall be subject to for-
feiture to the United States any property, real or
personal—
‘‘(A) used to commit or used knowingly to
facilitate the commission of a violation (other
than a misdemeanor) described in subsection (a);
or
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‘‘(B) constituting, derived from, or traceable
to proceeds of a violation described in subsection
(a).
‘‘(2) PROCEDURES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the procedures of chapter 46 of title
18, United States Code, relating to civil forfeit-
ures shall apply to a seizure or forfeiture under
this subsection, to the extent that the procedures
are applicable and consistent with this sub-
section.
‘‘(B) PERFORMANCE
OF
DUTIES.—Duties
imposed on the Secretary of the Treasury under
chapter 46 of title 18, United States Code, shall
be performed with respect to seizures and forfeit-
ures under this subsection by officers, employees,
agents, and other persons designated by the Sec-
retary of Agriculture.’.
SEC. 1069. CONNECTICUT RIVER ATLANTIC SALMON COM-
MISSION.
(a) EFFECTIVE PERIOD.—Section 3(2) of Public Law
98–138 (Public Law 98–138; 97 Stat. 870) is amended by
striking ‘‘twenty’’ and inserting ‘‘40’’.
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(b) AUTHORIZATION
OF
APPROPRIATIONS.—Public
Law 98–138 (97 Stat. 866) is amended by adding at the
end the following:
‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to the Sec-
retary of the Interior to carry out the activities of the Con-
necticut River Atlantic Salmon Commission $9,000,000 for
each of fiscal years 2002 through 2010.’’.
SEC. 1070. BEAR PROTECTION.
(a) SHORT TITLE.—This section may be cited as the
‘‘Bear Protection Act of 2002’’.
(b) FINDINGS.—Congress finds that—
(1) all 8 extant species of bear—Asian black
bear, brown bear, polar bear, American black bear,
spectacled bear, giant panda, sun bear, and sloth
bear—are listed on Appendix I or II of the Conven-
tion on International Trade in Endangered Species of
Wild Fauna and Flora (27 UST 1087; TIAS 8249);
(2)(A) Article XIV of CITES provides that Par-
ties to CITES may adopt stricter domestic measures
regarding the conditions for trade, taking, possession,
or transport of species listed on Appendix I or II; and
(B) the Parties to CITES adopted a resolution
in 1997 (Conf. 10.8) urging the Parties to take imme-
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diate action to demonstrably reduce the illegal trade
in bear parts;
(3)(A) thousands of bears in Asia are cruelly
confined in small cages to be milked for their bile;
and
(B) the wild Asian bear population has declined
significantly in recent years as a result of habitat loss
and poaching due to a strong demand for bear viscera
used in traditional medicines and cosmetics;
(4) Federal and State undercover operations
have revealed that American bears have been poached
for their viscera;
(5) while most American black bear populations
are generally stable or increasing, commercial trade
could stimulate poaching and threaten certain popu-
lations if the demand for bear viscera increases; and
(6) prohibitions against the importation into the
United States and exportation from the United
States, as well as prohibitions against the interstate
trade, of bear viscera and products containing, or la-
beled or advertised as containing, bear viscera will
assist in ensuring that the United States does not
contribute to the decline of any bear population as a
result of the commercial trade in bear viscera.
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(c) PURPOSE.—The purpose of this section is to ensure
the long-term viability of the world’s 8 bear species by—
(1) prohibiting interstate and international
trade in bear viscera and products containing, or la-
beled or advertised as containing, bear viscera;
(2) encouraging bilateral and multilateral efforts
to eliminate such trade; and
(3) ensuring that adequate Federal legislation
exists with respect to domestic trade in bear viscera
and products containing, or labeled or advertised as
containing, bear viscera.
(d) DEFINITIONS.—In this section:
(1) BEAR
VISCERA.—The term ‘‘bear viscera’’
means the body fluids or internal organs, including
the gallbladder and its contents but not including the
blood or brains, of a species of bear.
(2) CITES.—The term ‘‘CITES’’ means the
Convention on International Trade in Endangered
Species of Wild Fauna and Flora (27 UST 1087;
TIAS 8249).
(3) IMPORT.—The term ‘‘import’’ means to land
on, bring into, or introduce into any place subject to
the jurisdiction of the United States, regardless of
whether the landing, bringing, or introduction con-
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stitutes an importation within the meaning of the
customs laws of the United States.
(4) PERSON.—The term ‘‘person’’ means—
(A) an individual, corporation, partnership,
trust, association, or other private entity;
(B) an officer, employee, agent, department,
or instrumentality of—
(i) the Federal Government;
(ii) any State or political subdivision
of a State; or
(iii) any foreign government; and
(C) any other entity subject to the jurisdic-
tion of the United States.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) STATE.—The term ‘‘State’’ means a State,
the District of Columbia, the Commonwealth of Puer-
to Rico, the Virgin Islands, Guam, the Common-
wealth of the Northern Mariana Islands, American
Samoa, and any other territory, commonwealth, or
possession of the United States.
(7) TRANSPORT.—The term ‘‘transport’’ means
to move, convey, carry, or ship by any means, or to
deliver or receive for the purpose of movement, con-
veyance, carriage, or shipment.
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(e) PROHIBITED ACTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), a person shall not—
(A) import into, or export from, the United
States bear viscera or any product, item, or sub-
stance containing, or labeled or advertised as
containing, bear viscera; or
(B) sell or barter, offer to sell or barter,
purchase, possess, transport, deliver, or receive,
in interstate or foreign commerce, bear viscera or
any product, item, or substance containing, or
labeled or advertised as containing, bear viscera.
(2) EXCEPTION FOR WILDLIFE LAW ENFORCE-
MENT PURPOSES.—A person described in subsection
(d)(4)(B) may import into, or export from, the
United States, or transport between States, bear
viscera or any product, item, or substance containing,
or labeled or advertised as containing, bear viscera if
the importation, exportation, or transportation—
(A) is solely for the purpose of enforcing
laws relating to the protection of wildlife; and
(B) is authorized by a valid permit issued
under Appendix I or II of CITES, in any case
in which such a permit is required under
CITES.
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(f) PENALTIES AND ENFORCEMENT.—
(1) CRIMINAL PENALTIES.—A person that know-
ingly violates subsection (e) shall be fined under title
18, United States Code, imprisoned not more than 1
year, or both.
(2) CIVIL PENALTIES.—
(A) AMOUNT.—A person that knowingly
violates subsection (e) may be assessed a civil
penalty by the Secretary of not more than
$25,000 for each violation.
(B) MANNER OF ASSESSMENT AND COLLEC-
TION.—A civil penalty under this paragraph
shall be assessed, and may be collected, in the
manner in which a civil penalty under the En-
dangered Species Act of 1973 may be assessed
and collected under section 11(a) of that Act (16
U.S.C. 1540(a)).
(3) SEIZURE
AND
FORFEITURE.—Any bear
viscera or any product, item, or substance imported,
exported, sold, bartered, attempted to be imported, ex-
ported, sold, or bartered, offered for sale or barter,
purchased, possessed, transported, delivered, or re-
ceived in violation of this subsection (including any
regulation issued under this subsection) shall be seized
and forfeited to the United States.
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(4) REGULATIONS.—After consultation with the
Secretary of the Treasury and the United States
Trade Representative, the Secretary shall issue such
regulations as are necessary to carry out this sub-
section.
(5) ENFORCEMENT.—The Secretary, the Sec-
retary of the Treasury, and the Secretary of the de-
partment in which the Coast Guard is operating shall
enforce this subsection in the manner in which the
Secretaries carry out enforcement activities under sec-
tion 11(e) of the Endangered Species Act of 1973 (16
U.S.C. 1540(e)).
(6) USE OF PENALTY AMOUNTS.—Amounts re-
ceived as penalties, fines, or forfeiture of property
under this subsection shall be used in accordance with
section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).
(g) DISCUSSIONS CONCERNING BEAR CONSERVATION
AND THE BEAR PARTS TRADE.—In order to seek to estab-
lish coordinated efforts with other countries to protect bears,
the Secretary shall continue discussions concerning trade
in bear viscera with—
(1) the appropriate representatives of Parties to
CITES; and
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(2) the appropriate representatives of countries
that are not parties to CITES and that are deter-
mined by the Secretary and the United States Trade
Representative to be the leading importers, exporters,
or consumers of bear viscera.
(h) CERTAIN RIGHTS NOT AFFECTED.—Except as pro-
vided in subsection (e), nothing in this section affects—
(1) the regulation by any State of the bear popu-
lation of the State; or
(2) any hunting of bears that is lawful under
applicable State law (including regulations).
SEC. 1071. REENACTMENT OF FAMILY FARMER BANK-
RUPTCY PROVISIONS.
(a) REENACTMENT.—Notwithstanding any other pro-
vision of law, chapter 12 of title 11, United States Code,
is hereby reenacted.
(b) CONFORMING REPEAL.—Section 302(f) of Public
Law 99–554 (100 Stat. 3124) is repealed.
(c) EFFECTIVE DATE.—This section shall be deemed
to have taken effect on October 1, 2001.
SEC. 1072. PROHIBITION ON PACKERS OWNING, FEEDING,
OR CONTROLLING LIVESTOCK.
(a) IN GENERAL.—Section 202 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 192(f)) (as amended by sec-
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tion 1043(a)), is amended by striking subsection (f) and
inserting the following:
‘‘(f) Own or feed livestock directly, through a sub-
sidiary, or through an arrangement that gives the packer
operational, managerial, or supervisory control over the
livestock, or over the farming operation that produces the
livestock, to such an extent that the producer is no longer
materially participating in the management of the oper-
ation with respect to the production of the livestock, except
that this subsection shall not apply to—
‘‘(1) an arrangement entered into within 14
days before slaughter of the livestock by a packer, a
person acting through the packer, or a person that di-
rectly or indirectly controls, or is controlled by or
under common control with, the packer;
‘‘(2) a cooperative or entity owned by a coopera-
tive, if a majority of the ownership interest in the co-
operative is held by active cooperative members
that—
‘‘(A) own, feed, or control livestock; and
‘‘(B) provide the livestock to the cooperative
for slaughter; or
‘‘(3) a packer that is owned or controlled by pro-
ducers of a type of livestock, if during a calendar year
the packer slaughters less than 2 percent of the head
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of that type of livestock slaughtered in the United
States; or’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to paragraph (2), the
amendments made by subsection (a) take effect on the
date of enactment of this Act.
(2) TRANSITION RULES.—In the case of a packer
that on the date of enactment of this Act owns, feeds,
or controls livestock intended for slaughter in viola-
tion of section 202(f) of the Packers and Stockyards
Act, 1921 (as amended by subsection (a)), the amend-
ments made by subsection (a) apply to the packer—
(A) in the case of a packer of swine, begin-
ning on the date that is 18 months after the date
of enactment of this Act; and
(B) in the case of a packer of any other
type of livestock, beginning as soon as prac-
ticable, but not later than 180 days, after the
date of enactment of this Act, as determined by
the Secretary of Agriculture.
SEC. 1073. EQUITY AND FAIRNESS FOR THE PROMOTION OF
IMPORTED HASS AVOCADOS.
Section 1205 of the Hass Avocado Promotion, Re-
search, and Information Act (contained in H.R. 5426 of
the One Hundred Sixth Congress, as introduced on October
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6, 2000 and as enacted by Public Law 106–387) is
amended—
(1) in subsection (b)(2) after subparagraph (B)
insert—
‘‘(C) FUTURE ALLOCATION.—After 5 years,
the United States Department of Agriculture has
discretion to revisit the issue of seat allocation
on the board.’’.
(2) in subsection (h)(1)(C)(iii) by striking every-
thing in the first sentence following ‘‘shall’’ and in-
serting in lieu thereof ‘‘be paid not less than 30 days
after the avocado clears customs, unless deemed not
feasible as determined by the Commissioner of Cus-
toms in consultation with the Secretary of Agri-
culture.’’.
SEC. 1074. SENSE OF THE SENATE REGARDING SOCIAL SE-
CURITY SURPLUS FUNDS.
(a) FINDINGS.—
(1) Since both political parties have pledged not
to misuse social security surplus funds by spending
them for other purposes.
(2) Since under the Administration’s fiscal year
2003 budget, the Federal Government is projected to
spend the social security surplus for other purposes in
each of the next 10 years.
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(3) Since permanent extension of the inheritance
tax repeal would cost, according to the Administra-
tion’s estimate, approximately $104,000,000,000 over
the next 10 years, all of which would further reduce
the social security surplus.
(b) SENSE OF THE SENATE.—Therefore it is the sense
of the Senate that no social security surplus funds should
be used to pay to make currently scheduled tax cuts perma-
nent or for wasteful spending.
SEC. 1075. SENSE OF THE SENATE ON PERMANENT REPEAL
OF ESTATE TAXES.
(a) FINDINGS.—
(1) The Economic Growth and Tax Relief Rec-
onciliation Act of 2001 provided substantial relief
from Federal estate and gift taxes beginning this year
and repealed the Federal estate tax for one year be-
ginning on January 1, 2010.
(2) The Economic Growth and Tax Relief Rec-
onciliation Act of 2001 contains a ‘‘sunset’’ provision
that reinstates the Federal estate tax at its 2001 level
beginning on January 1, 2011.
(b) SENSE OF THE SENATE.—Therefore, it is the sense
of the Senate that the repeal of the estate tax should be made
permanent by eliminating the sunset provision’s applica-
bility to the estate tax.
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SEC. 1076. COMMERCIAL FISHERIES FAILURE.
(a) IN GENERAL.—In addition to amounts appro-
priated or otherwise made available by this Act, there are
appropriated to the Department of Agriculture $10,000,000
for fiscal year 2002, which shall be transferred to the Com-
modity Credit Corporation to provide, in consultation with
the Secretary of Commerce, emergency disaster assistance
for the commercial fishery failure under section 308(b)(1)
of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(b)(1)) with respect to Northeast multispecies fisheries.
(b) PROGRAM REQUIREMENTS.—Amounts made avail-
able under this section shall be used to support a voluntary
fishing capacity reduction program in the Northeast multi-
species fishery that—
(1) is certified by the Secretary of Commerce to
be consistent with section 312(b) of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16
U.S.C. 1861a(b)); and
(2) permanently revokes multispecies limited ac-
cess fishing permits so as to obtain the maximum sus-
tained reduction in fishing capacity at the least cost
and in the minimum period of time and to prevent
the replacement of fishing capacity removed by the
program.
(c) APPLICATION OF INTERIM FINAL RULE.—The pro-
gram shall be carried out in accordance with the Interim
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Final Rule under part 648 of title 50, Code of Federal Reg-
ulations, or any corresponding regulation or rule promul-
gated thereunder.
(d) SUNSET.—The authority provided by subsection
(a) shall terminate 1 year after the date of enactment of
this Act and no amount may be made available under this
section thereafter.
SEC. 1077. REVIEW OF STATE MEAT INSPECTION PRO-
GRAMS.
(a) FINDINGS.—Congress finds that—
(1) the goal of a safe and wholesome supply of
meat and meat food products throughout the United
States would be better served if a consistent set of re-
quirements, established by the Federal Government,
were applied to all meat and meat food products,
whether produced under State inspection or Federal
inspection;
(2) under such a system, Federal and State meat
inspection programs would function together to create
a seamless inspection system to ensure food safety and
inspire consumer confidence in the food supply in
interstate commerce; and
(3) such a system would ensure the viability of
State meat inspection programs, which should help to
foster the viability of small establishments.
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(b) REVIEW.—Not later than September 30, 2003, the
Secretary of Agriculture shall conduct a comprehensive re-
view of each State meat and poultry inspection program,
which shall include—
(1) an analysis of the effectiveness of the State
program; and
(2) identification of changes that are necessary
to enable the possible future transformation of the
State program to a State meat and poultry inspec-
tion program that includes the mandatory ante-
mortem and postmortem inspection, reinspection,
sanitation, and related requirements of the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.) and the
Poultry Products Inspection Act (21 U.S.C. 451 et
seq.) (including the regulations, directives, notices,
policy memoranda, and other regulatory requirements
of those Acts).
(c) COMMENT.—In carrying out subsection (a), the
Secretary shall, to the maximum extent practicable, obtain
comment from interested parties.
(d) FUNDING.—There are authorized to be appro-
priated such sums as are necessary to carry out this section.
SEC. 1078. AGRICULTURAL RESEARCH AND TECHNOLOGY.
(a) SCIENTIFIC STUDIES.—
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(1) IN GENERAL.—The Secretary of Agriculture
shall conduct scientific studies on—
(A) 
the 
transmission 
of 
spongiform
encephalopathy in deer, elk, and moose; and
(B) chronic wasting disease (including the
risks that chronic wasting disease poses to live-
stock).
(2) REPORT.—The Secretary shall submit to the
Committee on Agriculture of the House of Representa-
tives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the results of
the scientific studies.
(b) RESEARCH AND EXTENSION GRANT PROGRAM.—
The Secretary shall establish a program to provide research
and extension grants to eligible entities (as determined by
the Secretary) to develop, for livestock production—
(1) prevention and control methodologies for in-
fectious animal diseases that affect trade; and
(2) laboratory tests to expedite detection of—
(A) infected livestock; and
(B) the presence of diseases within herds or
flocks of livestock.
(c) VACCINES.—
(1) VACCINE
STORAGE
STUDY.—The Secretary
shall—
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(A) conduct a study to determine the num-
ber of doses of livestock disease vaccines that
should be available to protect against livestock
diseases that could be introduced into the United
States; and
(B) compare that number with the number
of doses of the livestock disease vaccines that are
available as of that date.
(2) STOCKPILING OF VACCINES.—If, after con-
ducting the study and comparison described in para-
graph (1), the Secretary determines that there is an
insufficient number of doses of a particular vaccine
referred to in that paragraph, the Secretary shall take
such actions as are necessary to obtain the required
additional doses of the vaccine.
(d) VETERINARY TRAINING.—The Secretary shall de-
velop a program to maintain in all regions of the United
States a sufficient number of Federal and State veterinar-
ians who are well trained in recognition and diagnosis of
exotic and endemic animal diseases.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section such
sums as are necessary for each of fiscal years 2002 through
2006.
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SEC. 1079. OFFICE OF SCIENCE TECHNOLOGY POLICY.
(a) IN GENERAL.—The President may—
(1) establish within the Office of Science and
Technology Policy a noncareer, senior executive serv-
ice appointment position for a Veterinary Advisor;
and
(2) appoint an individual to the position.
(b) QUALIFICATIONS; DUTIES.—The individual ap-
pointed to the position described in subsection (a) shall—
(1) hold the degree of Doctor of Veterinary Medi-
cine from an accredited or approved college of veteri-
nary medicine; and
(2) provide to the science advisor of the President
expertise in—
(A) exotic and endemic animal disease de-
tection, prevention, and control;
(B) food safety; and
(C) animal agriculture.
(c) EXECUTIVE SCHEDULE PAY RATES.—Section 5313
of title 5, United States Code, is amended by adding at
the end the following:
‘‘Veterinary Advisor, Office of Science and Tech-
nology Policy.’’.
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SEC. 1079A. OPERATION OF AGRICULTURAL AND NATURAL
RESOURCE PROGRAMS ON TRIBAL TRUST
LAND.
(a) REVIEW.—The Secretary of Agriculture (referred
to in this section as the ‘‘Secretary’’), in consultation with
the Secretary of the Interior, shall conduct a review of the
operation of agricultural and natural resource programs
available to farmers and ranchers operating on tribal and
trust land, including—
(1) natural resource management programs;
(2) incentive programs; and
(3) farm income support programs.
(b) ADMINISTRATION.—The Secretary shall carry out
programs described in subsection (a) in a manner that, to
the maximum extent practicable, is consistent with the
American Indian Agricultural Resource Management Act
(25 U.S.C. 3701 et seq.).
(c) FACT-FINDING TEAM.—The Secretary shall estab-
lish a fact-finding team to obtain input from local officials
and program recipients to assist in carrying out this sec-
tion.
(d) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Con-
gress a report that describes actions taken to carry out this
section, including a plan to implement the actions.
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SEC. 1079B. ASSISTANCE FOR GEOGRAPHICALLY DISADVAN-
TAGED FARMERS AND RANCHERS.
(a) DEFINITIONS.—In this section:
(1) DEPARTMENT.—The term ‘‘Department’’
means the Department of Agriculture.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means—
(A) any community-based organization,
network, or coalition of community-based organi-
zations that—
(i) has demonstrated experience in pro-
viding agricultural education or other agri-
culturally related services to geographically
disadvantaged farmers and ranchers;
(ii) has provided to the Secretary docu-
mentary evidence of work with geographi-
cally disadvantaged farmers and ranchers
during the 2-year period preceding the sub-
mission of an application for assistance
under this section; and
(iii) has not engaged in activities pro-
hibited under section 501(c)(3) of the Inter-
nal Revenue Code of 1986;
(B)(i) a land-grant college or university
that is located in an insular area (as defined in
section 1404 of the National Agricultural Re-
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search, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) (as amended by section
701(a)) or in a State other than 1 of the 48 con-
tiguous States; and
(ii) any other institution of higher edu-
cation (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) that
has demonstrated experience in providing agri-
cultural education or other agriculture-related
services to geographically disadvantaged farmers
and ranchers in a region; and
(C) an Indian tribe (as defined in section
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) or na-
tional tribal organization that has demonstrated
experience in providing agriculture education or
other agriculturally related services to geographi-
cally disadvantaged farmers and ranchers in a
region.
(3) GEOGRAPHICALLY DISADVANTAGED FARMER
OR RANCHER.—The term ‘‘geographically disadvan-
taged farmer or rancher’’ means a farmer or rancher
in an insular area (as defined in section 1404 of the
National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)) (as
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amended by section 701(a)) or in a State, other than
one of the 48 contiguous States.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(b) PROGRAM.—The Secretary shall carry out an as-
sistance program to encourage and assist geographically
disadvantaged farmers and ranchers—
(1) in owning and operating farms and ranches;
and
(2) in participating equitably in the full range
of agricultural programs offered by the Department.
(c) REQUIREMENTS.—The assistance program under
subsection (b) shall—
(1) enhance coordination of technical assistance
and education efforts authorized under various agri-
cultural programs; and
(2) include information on, and assistance
with—
(A) commodity, conservation, credit, rural,
and business development programs;
(B) application and bidding procedures;
(C) farm and risk management;
(D) marketing; and
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(E) other activities essential to participa-
tion in agricultural and other programs of the
Department.
(d) GRANTS AND CONTRACTS.—The Secretary may
make grants to, and enter into contracts and other agree-
ments with, an eligible entity to provide information and
technical assistance under this section.
(e) REPORT.—Not later than 1 year after funds are
made available to carry out this section, the Secretary shall
submit to Congress a report that identifies barriers to effi-
cient and competitive transportation of inputs and prod-
ucts by geographically disadvantaged farmers and ranchers.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2002 through 2006.
SEC. 1079C. SENSE OF SENATE REGARDING USE OF THE
NAME GINSENG.
It is the sense of the Senate that the Commissioner of
Food and Drugs should promulgate regulations to ensure
that, for the purposes of section 403 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343), the name ‘‘gin-
seng’’ or any name that includes the word ‘‘ginseng’’ shall
be used in reference only to an herb or herbal ingredient
that—
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(1) is a part of a plant of 1 of the species of the
genus Panax; and
(2) is produced in compliance with United
States law regarding the use of pesticides.
SEC. 1079D. ADJUSTED GROSS REVENUE INSURANCE PILOT
PROGRAM.
Section 523 of the Federal Crop Insurance Act (7
U.S.C. 1523) is amended by adding at the end the following:
‘‘(e) ADJUSTED GROSS REVENUE INSURANCE PILOT
PROGRAM.—
‘‘(1) IN GENERAL.—The Corporation shall carry
out, through at least the 2004 reinsurance year, the
adjusted gross revenue insurance pilot program in ef-
fect for the 2002 reinsurance year.
‘‘(2) ADDITIONAL COUNTIES.—
‘‘(A) IN GENERAL.—In addition to counties
otherwise included in the pilot program, the Cor-
poration shall include in the pilot program for
the 2003 reinsurance year at least 8 counties in
the State that produces (as of the date of enact-
ment of this subsection) the highest quantity of
specialty crops for which adjusted gross revenue
insurance under this title is not available.
‘‘(B) SELECTION
CRITERIA.—In carrying
out subparagraph (A), the Corporation shall in-
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clude in the pilot program counties that (as de-
termined by the Corporation) produce a signifi-
cant quantity of specialty crops.’’.
SEC. 1079E. PASTEURIZATION.
For the purposes of any provision of Federal law under
which a food or food product is required to undergo a treat-
ment of pasteurization, the term ‘‘pasteurization’’ means
any safe treatment that—
(1) is a treatment prescribed as pasteurization
applicable to the food or food product under any Fed-
eral law (including a regulation); or
(2) has been demonstrated to the satisfaction of
the Secretary of Health and Human Services to
achieve a level of reduction in the food or food product
of the microorganisms of public health concern that—
(A) is at least as protective of the public
health as a treatment described in paragraph
(1); and
(B) is effective for a period that is at least
as long as the shelf life of the food or food prod-
uct when stored under normal, moderate, and se-
vere abuse conditions.
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Subtitle E—Studies and Reports
SEC. 1081. REPORT ON POUCHED AND CANNED SALMON.
(a) IN GENERAL.—Not later than 120 days after the
date of enactment of this Act, the Secretary of Agriculture
(referred to in this section as the ‘‘Secretary’’) shall submit
to Congress a report on efforts to expand the promotion,
marketing, and purchasing of pouched and canned salmon
harvested and processed in the United States under food
and nutrition programs administered by the Secretary.
(b) COMPONENTS.—The report under subsection (a)
shall include—
(1) an analysis of pouched and canned salmon
inventories in the United States that, as of the date
on which the report is submitted, that available for
purchase;
(2) an analysis of the demand for pouched and
canned salmon and value-added products (such as
salmon ‘‘nuggets’’) by—
(A) partners of the Department of Agri-
culture (including other appropriate Federal
agencies); and
(B) consumers; and
(3) an analysis of impediments to additional
purchases 
of 
pouched 
and 
canned 
salmon,
including—
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(A) any marketing issues; and
(B) recommendations for methods to resolve
those impediments.
SEC. 1082. SETTLEMENT AGREEMENT REPORT.
Not later than December 31, 2002, and annually there-
after through 2006, the Comptroller General of the United
States shall submit to Congress a report that describes all
programs and activities that States have carried out using
funds received under all phases of the Master Settlement
Agreement of 1997.
SEC. 1083. REPORT ON GENETICALLY MODIFIED PEST-PRO-
TECTED PLANTS.
(a) FINDINGS.—Congress finds that—
(1) in 2000, the Committee on Genetically Modi-
fied Pest-Protected Plants of the Board on Agriculture
and Natural Resources of the National Research
Council made several recommendations concerning
food safety, ecological research, and monitoring needs
for 
transgenic 
crops 
with 
plant 
incorporated
protectants; and
(2) the Committee recommended enhancements to
certain operational aspects of the regulatory frame-
work for agricultural biotechnology, such as—
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(A) improving coordination and enhanced
consistency of review across all regulatory agen-
cies; and
(B) clarifying the scope of the regulatory ju-
risdiction of the Animal and Plant Health In-
spection Service.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that, not later than 90 days after the date of enactment
of this Act, the Secretary of Agriculture should—
(1) review the recommendations described in sub-
section (a); and
(2) submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes actions taken to implement those
recommendations by agencies within the Department
of Agriculture, including agencies that develop or im-
plement programs or objectives relating to marketing,
regulation, food safety, research, education, or eco-
nomics.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section—
(1) $10,000,000 for fiscal year 2002; and
(2) such sums as are necessary for each subse-
quent fiscal year.
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SEC. 1084. STUDY OF CREATION OF LITTER BANK BY UNI-
VERSITY OF ARKANSAS.
(a) IN GENERAL.—The Secretary of Agriculture shall
conduct a study to evaluate the creation of a litter bank
by the Department of Agriculture at the University of Ar-
kansas for the purpose of enhancing health and viability
of watersheds in areas with large concentrations of animal
producing units.
(b) COMPONENTS.—In conducting the study, the Sec-
retary shall evaluate the costs, needs, and means by which
litter may be collected and distributed outside the applicable
watershed to reduce potential point source and nonpoint
source phosphorous pollution.
(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report that describes the results of the study.
SEC. 1085. STUDY OF FEASIBILITY OF PRODUCER INDEM-
NIFICATION 
FROM 
GOVERNMENT-CAUSED
DISASTERS.
(a) FINDINGS.—Congress finds that the implementa-
tion of Federal disaster assistance programs fails to ade-
quately address situations in which disaster conditions are
primarily the result of Federal action.
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(b) AUTHORITY.—The Secretary of Agriculture shall
conduct a study of the feasibility of expanding eligibility
for crop insurance under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.), and noninsured crop assistance
under section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333), to agricultural
producers experiencing disaster conditions caused pri-
marily by Federal agency action.
(c) REPORT.—Not later than 150 days after the date
of enactment of this Act, the Secretary shall submit report
to the Committee on Agriculture of the House of Representa-
tives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the results
of the study, including any recommendations.
SEC. 1086. REPORT ON SALE AND USE OF PESTICIDES FOR
AGRICULTURAL USES.
Not later than 120 days after the date of enactment
of this Act, the Administrator of the Environmental Protec-
tion Agency shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report on
the manner in which the Agency is applying regulations
of the Agency governing the sale and use of pesticides for
agricultural use to electronic commerce transactions.
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SEC. 1087. REPORT ON RATS, MICE, AND BIRDS.
(a) IN GENERAL.—Not later than 1 year after date
enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report on the implica-
tions of including rats, mice, and birds within the defini-
tion of animal under the Animal Welfare Act (7 U.S.C.
2131 et seq.).
(b) REQUIREMENTS.—The report under subsection (a)
shall—
(1) be completed by the Comptroller General of
the United States;
(2) contain a description of the number and
types of entities that currently use rats, mice, and
birds, and are not subjected to regulations of the De-
partment of Agriculture;
(3) contain estimates of the numbers of rats,
mice, and birds currently used in research facilities
that are not currently regulated by the United States
Department of Agriculture;
(4) contain an estimate of the additional costs
likely to be incurred by breeders and research facili-
ties resulting from the additional regulatory require-
ments needed in order to afford the same levels of pro-
tection to rats, mice, and birds as is provided for spe-
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cies currently regulated by the Department of Agri-
culture, detailing the costs associated with individual
regulatory requirements;
(5) contain an estimate of the additional fund-
ing that the Animal and Plant Health Inspection
Service would require to be able to ensure that the
level of compliance with respect to other regulated
animals is not diminished by the increase in the
number of facilities that would require inspections
after a rule extending the definition to include rats,
mice, and birds goes into effect; and
(6) contain recommendations for ensuring that
the regulatory burden is no greater than that already
applied to rodent species under the Animal Welfare
Act (7 U.S.C. 2131 et seq.).
SEC. 1088. TASK FORCE ON NATIONAL INSTITUTES FOR
PLANT AND AGRICULTURAL SCIENCES.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Secretary of Agriculture
shall establish a task force to evaluate the merits of estab-
lishing 1 or more National Institutes for Plant and Agricul-
tural Sciences.
(b) MEMBERSHIP.—
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(1) IN GENERAL.—The Task Force shall consist
of at least 8 members, appointed by the Secretary,
that—
(A) have a broad-based background in food,
nutrition, biotechnology, crop production meth-
ods, environmental science, or related disciplines;
and
(B) are familiar with the infrastructure
used to conduct Federal and private research,
including—
(i) the National Institutes of Health;
(ii) the National Science Foundation;
(iii) the National Aeronautics and
Space Administration;
(iv) the Department of Energy labora-
tory system;
(v) the Agricultural Research Service;
and
(vi) the Cooperative State Research
and Extension Service.
(2) PRIVATE
SECTOR.—Of the members ap-
pointed under paragraph (1), the Secretary shall ap-
point at least 6 members that are members of the pri-
vate sector, including institutions of higher education.
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(3) PLANT
AND
AGRICULTURAL
SCIENCES
RE-
SEARCH.—Of the members appointed under para-
graph (1), the Secretary shall appoint at least 2
members that have an extensive background and pre-
eminence in the field of plant and agricultural
sciences research.
(4) CHAIRPERSON.—Of the members appointed
under paragraph (1), the Secretary shall designate a
Chairperson that has significant leadership experience
in educational and research institutions and in depth
knowledge of the research enterprises of the United
States.
(5) CONSULTATION.—Before appointing members
of the Task Force under this subsection, the Secretary
shall consult with the National Academy of Sciences
and the Office of Science and Technology Policy.
(c) DUTIES.—The Task Force shall—
(1) evaluate and compare—
(A) publicly funded agricultural and plant
sciences research activities, including competi-
tively awarded research; and
(B) privately funded agricultural and plant
sciences research activities;
(2) evaluate and compare—
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(A) competitive publicly funded agricultural
research activities; and
(B) other forms of publicly funded research,
such as medical research;
including an assessment of the methods of evaluation,
administration, and funding;
(3) evaluate the need for competitive public plant
and agricultural sciences research necessary—
(A) to increase crop yields and produc-
tivity;
(B) to improve environmental quality;
(C) to enhance the value of farm output to
agricultural producers and consumers;
(D) to promote health and improve nutri-
tion;
(E) to enhance food safety; and
(F) to increase effective agricultural produc-
tion to meet the future needs of the growing pop-
ulation of the world, especially in developing
countries;
(4) evaluate the merits of establishing 1 or more
National Institutes for Plant and Agricultural
Sciences, that is similar to the National Institute of
Health—
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(A) to coordinate competitive, innovative re-
search and technological development and inno-
vation;
(B) to ensure the necessary supply of sci-
entific personnel in order to ensure the competi-
tiveness of the United States in an increasingly
global trade market for agricultural products;
and
(C) to facilitate the integration of scientific
advances from medical sciences, engineering, and
information technologies into plant and agricul-
tural sciences; and
(5) if establishment of 1 or more National Insti-
tutes for Plant and Agricultural Sciences is rec-
ommended, provide further recommendations to the
Secretary, including recommendations on—
(A) the structure for establishing the Insti-
tutes;
(B) the location of the Institutes in 1 or
more multistate regions with preeminence in
plant, 
agricultural, 
and 
related 
biological
sciences (including in existing Federal plant and
animal research facilities and land grant insti-
tutions), in order—
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(i) to use all relevant fields of knowl-
edge; and
(ii) to promote collaborative and inter-
disciplinary research; and
(C) the amount of funding necessary to es-
tablish the Institutes.
(d) REPORT.—Not later than July 1, 2003, the Task
Force shall submit to the Committee on Agriculture of the
House of Representatives, the Committee on Agriculture,
Nutrition, and Forestry of the Senate, and the Secretary
a report that describes the results of the evaluation con-
ducted under this section, including recommendations de-
scribed in subsection (c)(5).
Subtitle F—Organic Products
Promotion
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ‘‘Organic Products
Promotion, Research, and Information Act of 2002’’.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) AGRICULTURAL COMMODITY.—The term ‘‘ag-
ricultural commodity’’ means—
(A) agricultural, horticultural, viticultural,
and dairy products;
(B) livestock and the products of livestock;
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(C) the products of poultry and bee raising;
(D) the products of forestry or commercial
fisheries;
(E) other commodities raised or produced
on farms, as determined appropriate by the Sec-
retary; and
(F) products processed or manufactured
from products specified in the preceding sub-
paragraphs, as determined appropriate by the
Secretary.
(2) BOARD.—The term ‘‘Board’’ means the Na-
tional Organic Products Board established under sec-
tion 1094(b).
(3) COMMODITY
PROMOTION
LAW.—The term
‘‘commodity promotion law’’ has the meaning given
the term in section 501(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C.
7401(a)).
(4) CONFLICT OF INTEREST.—The term ‘‘conflict
of interest’’ means a situation in which a member or
employee of the Board has a direct or indirect finan-
cial interest in a person that performs a service for,
or enters into a contract with, the Board for anything
of economic value.
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(5) DEPARTMENT.—The term ‘‘Department’’
means the Department of Agriculture.
(6) FIRST HANDLER.—The term ‘‘first handler’’
means—
(A) the first person that buys or takes pos-
session of an organic product from a producer
for marketing; and
(B) in a case in which a producer markets
an organic product directly to consumers, the
producer.
(7) IMPORTER.—The term ‘‘importer’’ means
any person that imports an organic product from
outside the United States for sale in the United States
as a principal or as an agent, broker, or consignee of
any person.
(8) INFORMATION.—The term ‘‘information’’
means information and programs that are designed to
increase—
(A) efficiency in processing; and
(B) the development of new markets, mar-
keting strategies, increased marketing efficiency,
and activities to enhance the image of organic
products on a national or international basis.
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(9) MARKET.—The term ‘‘market’’ means to sell
or to otherwise dispose of an organic product in inter-
state, foreign, or intrastate commerce.
(10) ORDER.—The term ‘‘order’’ means the order
issued by the Secretary under section 1093 that pro-
vides for a program of generic promotion, research,
and information regarding organic products designed
to—
(A) strengthen the position of organic prod-
ucts in the marketplace;
(B) maintain and expand existing domestic
and foreign markets and uses for organic prod-
ucts;
(C) develop new markets and uses for or-
ganic products; or
(D) assist producers in meeting conserva-
tion objectives.
(11) ORGANICALLY PRODUCED.—The term ‘‘or-
ganically produced’’, with respect to an agricultural
product, means produced and handled in accordance
with the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.).
(12) ORGANIC
PRODUCT.—The term ‘‘organic
product’’ means an agricultural product that is or-
ganically produced.
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(13) ORGANIC PRODUCTS INDUSTRY.—The term
‘‘organic products industry’’ includes nonprofit and
other organizations representing the interests of pro-
ducers, first handlers, and importers of organic prod-
ucts.
(14) PERSON.—The term ‘‘person’’ means any
individual, group of individuals, partnership, cor-
poration, association, cooperative, or any other legal
entity.
(15) PRODUCER.—The term ‘‘producer’’ means
any person that is engaged in the production and sale
of an organic product in the United States.
(16) PROMOTION.—The term ‘‘promotion’’ means
any action taken by the Board under the order, in-
cluding paid advertising, to present a favorable image
of organic products to the public to improve the com-
petitive position of organic products in the market-
place and to stimulate sales of organic products.
(17) RESEARCH.—The term ‘‘research’’ means
any type of test, study, or analysis designed to ad-
vance the image, desirability, use, marketability, pro-
duction, product development, or quality of an or-
ganic product.
(18) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
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(19) STATE.—The term ‘‘State’’ means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the
United States.
(20) SUSPEND.—The term ‘‘suspend’’ means to
issue a rule under section 553 of title 5, United States
Code, to temporarily prevent the operation of the
order during a particular period of time specified in
the rule.
(21) TERMINATE.—The term ‘‘terminate’’ means
to issue a rule under section 553 of title 5, United
States Code, to cancel permanently the operation of
the order beginning on a date certain specified in the
rule.
(22) 
UNITED
STATES.—The 
term 
‘‘United
States’’, when used in a geographical sense, means all
of the States.
SEC. 1093. ISSUANCE OF ORDERS.
(a) ORDER.—
(1) IN GENERAL.—To effectuate the purpose of
this subtitle, the Secretary may issue, and amend
from time to time, an order applicable to—
(A) producers of organic products;
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any action that constitutes or will constitute a viola-
tion of this subtitle or any order or regulation issued
under this subtitle.
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—
(1) IN GENERAL.—For the purpose of any inves-
tigation under subsection (a), the Secretary may ad-
minister oaths and affirmations, subpoena witnesses,
compel the attendance of witnesses, take evidence, and
require the production of any records or documents
that are relevant to the inquiry.
(2) SCOPE.—The attendance of witnesses and the
production of records or documents may be required
from any place in the United States.
(c) AID OF COURTS.—
(1) IN GENERAL.—In the case of contumacy by,
or refusal to obey a subpoena issued to, any person,
the Secretary may invoke the aid of any court of the
United States within the jurisdiction of which the in-
vestigation or proceeding is carried on, or where the
person resides or carries on business, in order to re-
quire the attendance and testimony of the person or
the production of records or documents.
(2) ACTION BY COURT.—The court may issue an
order requiring the person to appear before the Sec-
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retary to produce records or documents or to give tes-
timony regarding the matter under investigation.
(d) CONTEMPT.—Any failure to obey the order of the
court may be punished by the court as a contempt of the
court.
(e) PROCESS.—Process in any case under this section
may be served—
(1) in the judicial district in which the person
resides or carries on business; or
(2) wherever the person may be found.
SEC. 1098C. SUSPENSION OR TERMINATION.
(a) MANDATORY SUSPENSION OR TERMINATION.—The
Secretary shall suspend or terminate an order or a provi-
sion of an order if the Secretary determines that—
(1) an order or a provision of an order obstructs
or does not tend to effectuate the purpose of this sub-
title; or
(2) an order or a provision of an order is not
favored by persons voting in a referendum conducted
under section 1097.
(b) IMPLEMENTATION
OF SUSPENSION
OR TERMI-
NATION.—If, as a result of a referendum conducted under
section 1097, the Secretary determines that an order is not
approved, the Secretary shall—