H. R. 2646—304
striking ‘‘sections 534 and 535’’ and inserting ‘‘sections 534, 535,
and 536’’.
(d) TECHNICAL AMENDMENT TO REFLECT NAME CHANGES.—
Section 532 of the Equity in Educational Land-Grant Status Act
of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended by
striking paragraphs (1) through (30) and inserting the following:
‘‘(1) Bay Mills Community College.
‘‘(2) Blackfeet Community College.
‘‘(3) Cankdeska Cikana Community College.
‘‘(4) College of Menominee Nation.
‘‘(5) Crownpoint Institute of Technology.
‘‘(6) D-Q University.
‘‘(7) Dine College.
‘‘(8) Chief Dull Knife Memorial College.
‘‘(9) Fond du Lac Tribal and Community College.
‘‘(10) Fort Belknap College.
‘‘(11) Fort Berthold Community College.
‘‘(12) Fort Peck Community College.
‘‘(13) Haskell Indian Nations University.
‘‘(14) Institute of American Indian and Alaska Native Cul-
ture and Arts Development.
‘‘(15) Lac Courte Oreilles Ojibwa Community College.
‘‘(16) Leech Lake Tribal College.
‘‘(17) Little Big Horn College.
‘‘(18) Little Priest Tribal College.
‘‘(19) Nebraska Indian Community College.
‘‘(20) Northwest Indian College.
‘‘(21) Oglala Lakota College.
‘‘(22) Salish Kootenai College.
‘‘(23) Sinte Gleska University.
‘‘(24) Sisseton Wahpeton Community College.
‘‘(25) Si Tanka/Huron University.
‘‘(26) Sitting Bull College.
‘‘(27) Southwestern Indian Polytechnic Institute.
‘‘(28) Stone Child College.
‘‘(29) Turtle Mountain Community College.
‘‘(30) United Tribes Technical College.
‘‘(31) White Earth Tribal and Community College.’’.
(e) REPORT RECOMMENDING CRITERIA FOR ADDITIONAL ELIGIBLE
ENTITIES.—Not later than 1 year after the date of enactment of
this Act, the Secretary of Agriculture shall submit a report con-
taining recommended criteria for designating additional 1994
Institutions to the Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition, and For-
estry of the Senate.
SEC. 7202. CARRYOVER FOR EXPERIMENT STATIONS.
Section 7 of the Hatch Act of 1887 (7 U.S.C. 361g) is amended
by striking subsection (c) and inserting the following:
‘‘(c) CARRYOVER.—
‘‘(1) IN GENERAL.—The balance of any annual funds pro-
vided under this Act to a State agricultural experiment station
for a fiscal year that remains unexpended at the end of the
fiscal year may be carried over for use during the following
fiscal year.
‘‘(2) FAILURE TO EXPEND FULL ALLOTMENT.—
H. R. 2646—305
‘‘(A) IN GENERAL.—If any unexpended balance carried
over by a State is not expended by the end of the second
fiscal year, an amount equal to the unexpended balance
shall be deducted from the next succeeding annual allot-
ment to the State.
‘‘(B) REDISTRIBUTION.—Federal funds that are deducted
under subparagraph (A) for a fiscal year shall be redistrib-
uted by the Secretary in accordance with the formula set
forth in section 3(c) to those States for which no deduction
under subparagraph (A) has been taken for that fiscal
year.’’.
SEC. 7203. AUTHORIZATION PERCENTAGES FOR RESEARCH AND
EXTENSION FORMULA FUNDS.
(a) EXTENSION.—Section 1444(a) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3221(a)) is amended—
(1) by striking ‘‘(a) There’’ and inserting the following:
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There’’;
(2) by striking the second sentence; and
(3) in the third sentence, by striking ‘‘Beginning’’ through
‘‘6 per centum’’ and inserting the following:
‘‘(2) MINIMUM AMOUNT.—Beginning with fiscal year 2003,
there shall be appropriated under this section for each fiscal
year an amount that is not less than 15 percent’’;
(3) by striking ‘‘Funds appropriated’’ and inserting the fol-
lowing:
‘‘(3) USES.—Funds appropriated’’; and
(4) by striking ‘‘No more’’ and inserting the following:
‘‘(4) CARRYOVER.—No more’’.
(b) RESEARCH.—Section 1445(a) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222(a)) is amended—
(1) by striking ‘‘(a) There’’ and inserting the following:
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There’’;
(2) by striking the second sentence and inserting the fol-
lowing:
‘‘(2) MINIMUM AMOUNT.—Beginning with fiscal year 2003,
there shall be appropriated under this section for each fiscal
year an amount that is not less than 25 percent of the total
appropriations for the fiscal year under section 3 of the Hatch
Act of 1887 (7 U.S.C. 361c).’’;
(3) by striking ‘‘Funds appropriated’’ and inserting the fol-
lowing:
‘‘(3) USES.—Funds appropriated’’;
(4) by striking ‘‘The eligible’’ and inserting the following:
‘‘(4) COORDINATION.—The eligible’’; and
(5) by striking ‘‘No more’’ and inserting the following:
‘‘(5) CARRYOVER.—No more’’.
SEC. 7204. CARRYOVER FOR ELIGIBLE INSTITUTIONS.
Section 1445(a) of the National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 3222(a)) (as amended
by section 7203 of this Act) is further amended by striking para-
graph (5) and inserting the following:
‘‘(5) CARRYOVER.—
H. R. 2646—306
‘‘(A) IN GENERAL.—The balance of any annual funds
provided to an eligible institution for a fiscal year under
this section that remains unexpended at the end of the
fiscal year may be carried over for use during the following
fiscal year.
‘‘(B) FAILURE TO EXPEND FULL AMOUNT.—
‘‘(i) IN GENERAL.—If any unexpended balance car-
ried over by an eligible institution is not expended
by the end of the second fiscal year, an amount equal
to the unexpended balance shall be deducted from the
next succeeding annual allotment to the eligible
institution.
‘‘(ii) REDISTRIBUTION.—Federal funds that are
deducted under clause (i) for a fiscal year shall be
redistributed by the Secretary in accordance with the
formula set forth in subsection (b)(2)(B) to those eligible
institutions for which no deduction under clause (i)
has been taken for that fiscal year.’’.
SEC. 7205. INITIATIVE FOR FUTURE AGRICULTURE AND FOOD SYS-
TEMS.
(a) FUNDING.—Section 401(b) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621(b))
is amended—
(1) in paragraph (1), by striking ‘‘2002’’ and inserting
‘‘2001’’; and
(2) by adding at the end the following:
‘‘(3) OTHER
FUNDING.—Out of funds in the Commodity
Credit Corporation, the Secretary shall transfer to the
Account—
‘‘(A) on October 1, 2003, $120,000,000;
‘‘(B) on October 1, 2004, $140,000,000;
‘‘(C) on October 1, 2005, $160,000,000; and
‘‘(D) on October 1, 2006, and each October 1 thereafter,
$200,000,000.’’.
(2) by amending subsection (c)(1) to read as follows:
‘‘(1) 
CRITICAL
EMERGING
AGRICULTURAL
AND
RURAL
ISSUES.—The Secretary shall use the funds in the Account
for research, extension, and education grants (referred to in
this section as ‘grants’) to address critical emerging agricultural
and rural issues related to—
‘‘(A) future food production;
‘‘(B) environmental quality and natural resource
management;
‘‘(C) farm income; or
‘‘(D) rural economic and business and community
development policy.’’; and
(3) in subsection (e)(1), by striking ‘‘small and mid-sized’’
and inserting ‘‘small, mid-sized, and minority-serving’’.
SEC. 7206. ELIGIBILITY FOR INTEGRATED GRANTS PROGRAM.
Section 406(b) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(b)) is amended by
inserting ‘‘and 1994 Institutions’’ before ‘‘on a competitive basis’’.
H. R. 2646—307
SEC. 7207. AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION
REFORM ACT OF 1998.
(a) PRECISION AGRICULTURE.—Section 403 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7623) is amended—
(1) in subsection (a)—
(A) in paragraph (3)—
(i) in subparagraph (A), inserting ‘‘, horticultural,’’
following ‘‘agronomic’’ the second place it appears; and
(ii) in subparagraph (C), by striking ‘‘or’’ at the
end;
(iii) in subparagraph (D), by striking the period
at the end and inserting ‘‘; or’’; and
(iv) by adding at the end the following:
‘‘(E) using such information to enable intelligent
mechanized harvesting and sorting systems for horti-
cultural crops.’’;
(B) in paragraph (4)—
(i) in subparagraph (C), by striking ‘‘or’’ at the
end;
(ii) in subparagraph (D), by striking the period
at the end and inserting ‘‘; or’’; and
(iii) by adding at the end the following:
‘‘(E) robotic and other intelligent machines for use in
horticultural cropping systems.’’; and
(C) in paragraph (5)(F), by inserting ‘‘(including
improved use of energy inputs)’’ after ‘‘farm production
efficiencies’’;
(2) in subsection (c)(2)—
(A) by inserting ‘‘or horticultural’’ after ‘‘agronomic’’;
and
(B) by striking ‘‘and meteorological variability’’ and
inserting ‘‘product variability, and meteorological varia-
bility’’;
(3) in subsection (d)—
(A) by redesignating paragraphs (4) and (5) as para-
graphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
‘‘(4) Improve farm energy use efficiencies.’’.
(b) THOMAS JEFFERSON INITIATIVE
FOR CROP DIVERSIFICA-
TION.—Section 405(a) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7625(a)) is amended by
striking ‘‘and marketing’’ and inserting ‘‘, marketing, and efficient
use’’.
(c) COORDINATED PROGRAM OF RESEARCH, EXTENSION, AND EDU-
CATION TO IMPROVE VIABILITY OF SMALL- AND MEDIUM-SIZE DAIRY,
LIVESTOCK, AND POULTRY OPERATIONS.—Section 407(b)(3) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7627(b)(3)) is amended by inserting ‘‘(including
improved use of energy inputs)’’ after ‘‘poultry systems that increase
efficiencies’’.
(d) SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT,
TRITICALE, AND BARLEY CAUSED BY FUSARIUM GRAMINEARUM OR
BY TILLETIA INDICA.—
(1) RESEARCH GRANT AUTHORIZED.—Section 408(a) of the
Agricultural Research, Extension, and Education Reform Act
of 1998 (7 U.S.C. 7628(a)) is amended to read as follows:
H. R. 2646—308
‘‘(a) RESEARCH GRANT AUTHORIZED.—The Secretary of Agri-
culture may make grants to consortia of land-grant colleges and
universities to enhance the ability of the consortia to carry out
multi-State research projects aimed at understanding and com-
bating diseases of wheat, triticale, and barley caused by Fusarium
graminearum and related fungi (referred to in this section as ‘wheat
scab’) or by Tilletia indica and related fungi (referred to in this
section as ‘Karnal bunt’).’’.
(2) RESEARCH COMPONENTS.—Section 408(b) of such Act
(7 U.S.C. 7628(b)) is amended—
(A) in paragraph (1), by inserting ‘‘or of Karnal bunt,’’
after ‘‘epidemiology of wheat scab’’;
(B) in paragraph (1), by inserting ‘‘, triticale,’’ after
‘‘occurring in wheat’’;
(C) in paragraph (2), by inserting ‘‘or Karnal bunt’’
after ‘‘wheat scab’’;
(D) in paragraph (3)(A), by striking ‘‘and barley for
the presence of’’ and inserting ‘‘, triticale, and barley for
the presence of Karnal bunt or of’’;
(E) in paragraph (3)(B), by striking ‘‘and barley infected
with wheat scab’’ and inserting ‘‘, triticale, and barley
infected with wheat scab or with Karnal bunt’’;
(F) in paragraph (3)(C), by inserting ‘‘wheat scab’’ after
‘‘to render’’;
(G) in paragraph (4), by striking ‘‘and barley to wheat
scab’’ and inserting ‘‘, triticale, and barley to wheat scab
and to Karnal bunt’’; and
(H) in paragraph (5)—
(i) by inserting ‘‘and Karnal bunt’’ after ‘‘wheat
scab’’; and
(ii) by inserting ‘‘, triticale,’’ after ‘‘resistant
wheat’’.
(3) COMMUNICATIONS NETWORKS.—Section 408(c) of such
Act (7 U.S.C. 7628(c)) is amended by inserting ‘‘or Karnal
bunt’’ after ‘‘wheat scab’’.
(4) TECHNICAL AMENDMENTS.—(A) The section heading for
section 408 of such Act is amended by striking ‘‘AND BARLEY
CAUSED
BY
FUSARIUM
GRAMINEARUM’’ and inserting ‘‘,
TRITICALE, AND BARLEY CAUSED BY FUSARIUM GRAMINEARUM
OR BY TILLETIA INDICA’’.
(B) The table of sections for such Act is amended by striking
‘‘and barley caused by fusarium graminearum’’ in the item
relating to section 408 and inserting ‘‘, triticale, and barley
caused by Fusarium graminearum or by Tilletia indica’’.
(e) PROGRAM TO CONTROL JOHNE’S DISEASE.—Title IV of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7621 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 409. BOVINE JOHNE’S DISEASE CONTROL PROGRAM.
‘‘(a) 
ESTABLISHMENT.—The 
Secretary 
of 
Agriculture, 
in
coordination with State veterinarians and other appropriate State
animal health professionals, may establish a program to conduct
research, testing, and evaluation of programs for the control and
management of Johne’s disease in livestock.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary such sums as may be necessary
H. R. 2646—309
to carry out this section for each of fiscal years 2003 through
2007.’’.
SEC. 7208. FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF
1990.
(a) AGRICULTURAL GENOME INITIATIVE.—Section 1671(b) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5924(b)) is amended—
(1) in paragraph (3), by inserting ‘‘pathogens and’’ before
‘‘diseases causing economic hardship’’;
(2) in paragraph (6), by striking ‘‘and’’ at the end;
(3) by redesignating paragraph (7) as paragraph (8); and
(4) by inserting after paragraph (6) the following new para-
graph:
‘‘(7) reducing the economic impact of plant pathogens on
commercially important crop plants; and’’.
(b) HIGH-PRIORITY RESEARCH
AND EXTENSION INITIATIVES.—
Section 1672(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925) is amended by adding at the end
the following new paragraphs:
‘‘(25) GENETICALLY
MODIFIED
AGRICULTURE
PRODUCTS
(GMAP) RESEARCH.—Research grants may be made under this
section for the purposes of providing unbiased, science-based
evaluation of the risks and benefits to the public and the
environment of specific genetically modified plant and animal
products. Grants may be used to form interdisciplinary teams
to review and conduct research on scientific, social, economic,
and ethical issues during the review process, to answer ques-
tions raised by the release of new genetically modified agri-
culture products, to conduct fundamental studies on the health
and environmental safety of genetically modified agriculture
products (including quantitative risk assessment, the effect of
specific genetically modified agriculture products on human
health, and gene flow studies), to communicate the risk of
genetically modified agriculture products through extension and
education programs, and to engage the public and industry
in relevant issues.
‘‘(26) WIND EROSION RESEARCH AND EXTENSION.—Research
and extension grants may be made under this section for the
purpose of validating wind erosion models.
‘‘(27) CROP LOSS RESEARCH AND EXTENSION.—Research and
extension grants may be made under this section for the pur-
pose of validating crop loss models.
‘‘(28) LAND USE MANAGEMENT RESEARCH AND EXTENSION.—
Research and extension grants may be made under this section
for the purposes of evaluating the environmental benefits of
land use management tools such as those provided in the
Farmland Protection Program.
‘‘(29) WATER AND AIR QUALITY RESEARCH AND EXTENSION.—
Research and extension grants may be made under this section
for the purpose of better understanding agricultural impacts
to air and water quality and means to address them.
‘‘(30) REVENUE
AND
INSURANCE
TOOLS
RESEARCH
AND
EXTENSION.—Research and extension grants may be made
under this section for the purposes of better understanding
the impact of revenue and insurance tools on farm income.
H. R. 2646—310
‘‘(31) AGROTOURISM RESEARCH AND EXTENSION.—Research
and extension grants may be made under this section for the
purpose of better understanding the economic, environmental,
and food systems impacts of agrotourism.
‘‘(32) HARVESTING PRODUCTIVITY FOR FRUITS AND VEGETA-
BLES.—Research and extension grants may be made under this
section for the purpose of improving harvesting productivity
for fruits and vegetables (including citrus), including the
development of mechanical harvesting technologies and effec-
tive, economical, and safe abscission compounds.
‘‘(33) NITROGEN-FIXATION BY PLANTS.—Research and exten-
sion grants may be made under this section for the purpose
of enhancing the nitrogen-fixing ability and efficiency of leg-
umes, developing new varieties of legumes that fix nitrogen
more efficiently, and developing new varieties of other commer-
cially important crops that potentially are able to fix nitrogen.
‘‘(34) AGRICULTURAL
MARKETING.—Extension grants may
be made under this section for the purpose of providing edu-
cation materials, information, and outreach programs regarding
commodity and livestock marketing strategies for agricultural
producers and for cooperatives and other marketers of any
agricultural commodity, including livestock.
‘‘(35) ENVIRONMENT
AND
PRIVATE
LANDS
RESEARCH
AND
EXTENSION.—Research and extension grants may be made
under this section for the purpose of researching the use of
computer models to aid in assessment of best management
practices on a watershed basis, working with government,
industry, and private landowners to help craft industry-led
solutions to identified environmental issues, researching and
monitoring water, air, or soil environmental quality to aid
in the development of new approaches to local environmental
concerns, and working with local, State, and federal officials
to help craft effective environmental solutions that respect pri-
vate property rights and agricultural production realities.
‘‘(36) LIVESTOCK
DISEASE
RESEARCH
AND
EXTENSION.—
Research and extension grants may be made under this section
for the purpose of identifying possible livestock disease threats,
educating the public regarding livestock disease threats,
training persons to deal with such threats, and conducting
related research.
‘‘(37) PLANT GENE EXPRESSION.—Research grants may be
made under this section for the purpose of plant gene expression
research to accelerate the application of basic plant genomic
science to the development and testing of new varieties of
enhanced food crops, crops that can be used as renewable
energy sources, and other alternative uses of agricultural crops.
‘‘(38) ANIMAL INFECTIOUS DISEASES RESEARCH.—Research
and extension grants may be made under this section for the
purpose of developing prevention and control methodologies
for animal infectious diseases (including evaluation under field
conditions in countries in which an animal disease occurs)
such as laboratory tests for quicker detection of infected animals
and presence of disease, prevention strategies (including vac-
cination programs), and rapid diagnostic techniques for animal
disease agents considered to be risks for agricultural bioter-
rorism attack.
H. R. 2646—311
‘‘(39) PROGRAM TO COMBAT CHILDHOOD OBESITY.—Research
and extension grants may be made under this section to institu-
tions of higher education with demonstrated capacity in basic
and clinical obesity research, nutrition research, and commu-
nity health education research to develop and evaluate commu-
nity-wide strategies that catalyze partnerships between families
and health care, education, recreation, mass media, and other
community resources to reduce the incidence of childhood obe-
sity.
‘‘(40) INTEGRATED PEST MANAGEMENT.—Research and exten-
sion grants may be made under this section to coordinate
and improve research, education, and outreach on, and
implementation on farms of, integrated pest management.
‘‘(41) BEEF
CATTLE
GENETICS.—Research and extension
grants for beef cattle genetics evaluation research may be made
under this section to consortia of institutions of higher edu-
cation that have expertise in beef cattle genetic evaluation
research and technology and that have been actively involved
for at least 20 years in the estimation and prediction of progeny
differences for publication and use by seed stock producer breed
associations.
‘‘(42) DAIRY PIPELINE CLEANER.—Research and extension
grants may be made under this section for the purpose of
preventing and eliminating the dangers of dairy pipeline
cleaner, including development of safer packaging and transfer
mechanisms, outlining accident causes and potential prevention
measures, and other means of improving efforts to prevent
ingestion of dairy pipeline cleaner.
‘‘(43) DEVELOPMENT OF PUBLICLY HELD PLANTS AND ANIMAL
VARIETIES.—Research and extension grants may be made under
this section for the purpose of development of publicly held
plants and animal varieties (including germplasm for identity-
preserved markets) and genetic resource conservation activities.
‘‘(44) SUGARCANE GENETICS.—Research grants may be made
under this section for the purpose of maintaining acceptable
yields under reduced production inputs, implementing marker-
assisted breeding strategies and other basic plant genomic tech-
nologies to screen for improved plant resistance to diseases,
weeds, and insects toward minimizing pesticide use, enhancing
food, fiber and energy production, and developing varieties for
maximum performance under prevailing conditions, including
management for improved soil and water conservation.’’.
(c) ASSISTIVE
TECHNOLOGY
PROGRAM
FOR
FARMERS
WITH
DISABILITIES.—Section 1680(a) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 5933(a)) is amended by
adding at the end the following new paragraph:
‘‘(6) CONSIDERATION
FOR
GRANTS
FOR
NEW
PROGRAMS.—
For each fiscal year that amounts are made available for grants
under this subsection, the Secretary may make grants in a
manner that ensures that eligible entities who apply for grants,
but have not previously received a grant under this subsection,
are given full consideration.’’.
SEC. 7209. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND
TEACHING POLICY ACT OF 1977.
(a) NATIONAL
AGRICULTURAL
RESEARCH, EXTENSION, EDU-
CATION, AND ECONOMIC ADVISORY BOARD.—Section 1408 of the
H. R. 2646—312
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3123) is amended—
(1) in subsection (b)(1), by striking ‘‘30 members’’ and
inserting ‘‘31 members’’;
(2) in subsection (b)(3)—
(A) by redesignating subparagraphs (R) through (DD)
as subparagraphs (S) through (EE), respectively; and
(B) by inserting after subparagraph (Q) the following
new subparagraph:
‘‘(R) 1 member representing a non-land grant college
or university with a historic commitment to research in
the food and agricultural sciences.’’;
(3) in subsection (c)(1), by striking ‘‘and land-grant colleges
and universities’’ and inserting ‘‘, land-grant colleges and
universities, and the Committee on Agriculture of the House
of Representatives, the Committee on Agriculture, Nutrition,
and Forestry of the Senate, the Subcommittee on Agriculture,
Rural Development, Food and Drug Administration and Related
Agencies of the Committee on Appropriations of the House
of Representatives, and the Subcommittee on Agriculture, Rural
Development and Related Agencies of the Committee on Appro-
priations of the Senate’’; and
(4) in subsection (d)(1), inserting ‘‘consult with any appro-
priate agencies of the Department of Agriculture and’’ after
‘‘the Advisory Board shall’’.
(b) GRANTS FOR RESEARCH ON PRODUCTION AND MARKETING
OF ALCOHOLS AND INDUSTRIAL HYDROCARBONS FROM AGRICULTURAL
COMMODITIES AND FOREST PRODUCTS.—Section 1419 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3154) is amended—
(1) in subsection (a)(2), by inserting ‘‘and animal fats and
oils’’ after ‘‘industrial oilseed crops’’; and
(2) in subsection (a)(4), by inserting ‘‘or triglycerides’’ after
‘‘other industrial hydrocarbons’’.
(c) FAS OVERSEAS INTERN PROGRAM.—Section 1458(a) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3291(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(10) establish a program, to be coordinated by the Coopera-
tive State Research, Education, and Extension Service and
the Foreign Agricultural Service, to place interns from United
States colleges and universities at Foreign Agricultural Service
field offices overseas.’’.
(d) RANGELAND
RESEARCH
GRANTS.—Section 1480 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3333) is amended to read as follows:
‘‘SEC. 1480. RANGELAND RESEARCH GRANTS.
‘‘(a) IN GENERAL.—The Secretary may make grants to—
‘‘(1) land-grant colleges and universities, State agricultural
experiment stations, and colleges, universities, and Federal
laboratories having a demonstrable capacity in rangeland
research, as determined by the Secretary, to carry out range-
land research; and
H. R. 2646—313
‘‘(2) the Joe Skeen Institute for Rangeland Restoration
for the purposes of facilitating and expanding ongoing State-
Federal range management, animal husbandry, and agricul-
tural research, education, and extension programs to meet the
targeted, emerging, and future needs of western United States
rangelands and associated natural resources.
‘‘(b) MATCHING REQUIREMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
this grant program shall be based on a matching formula
of 50 percent Federal and 50 percent non-Federal funding.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to a grant
to a Federal laboratory or a grant under subsection (a)(2).’’.
SEC. 7210. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
Section 1668 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5921) is amended to read as follows:
‘‘SEC. 1668. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
‘‘(a) PURPOSE.—It is the purpose of this section—
‘‘(1) to authorize and support environmental assessment
research to help identify and analyze environmental effects
of biotechnology; and
‘‘(2) to authorize research to help regulators develop long-
term policies concerning the introduction of such technology.
‘‘(b) GRANT PROGRAM.—The Secretary of Agriculture shall estab-
lish a grant program within the Cooperative State Research, Edu-
cation, and Extension Service and the Agricultural Research Service
to provide the necessary funding for environmental assessment
research concerning the introduction of genetically engineered ani-
mals, plants, and microorganisms into the environment.
‘‘(c) RESEARCH PRIORITIES.— The following types of research
shall be given priority for funding:
‘‘(1) Research designed to identify and develop appropriate
management practices to minimize physical and biological risks
associated with genetically engineered animals, plants, and
microorganisms.
‘‘(2) Research designed to develop methods to monitor the
dispersal of genetically engineered animals, plants, and micro-
organisms.
‘‘(3) Research designed to further existing knowledge with
respect to the characteristics, rates, and methods of gene
transfer that may occur between genetically engineered ani-
mals, plants, and microorganisms and related wild and agricul-
tural organisms.
‘‘(4) Environmental assessment research designed to pro-
vide analysis which compares the relative impacts of animals,
plants, 
and 
microorganisms 
modified 
through 
genetic
engineering to other types of production systems.
‘‘(5) Other areas of research designed to further the pur-
poses of this section.
‘‘(d) ELIGIBILITY REQUIREMENTS.—Grants under this section
shall be—
‘‘(1) made on the basis of the quality of the proposed
research project; and
‘‘(2) available to any public or private research or edu-
cational institution or organization.
‘‘(e) CONSULTATION.— In considering specific areas of research
for funding under this section, the Secretary of Agriculture shall
H. R. 2646—314
consult with the Administrator of the Animal and Plant Health
Inspection Service and the National Agricultural Research, Exten-
sion, Education, and Economics Advisory Board.
‘‘(f) PROGRAM COORDINATION.— The Secretary of Agriculture
shall coordinate research funded under this section with the Office
of Research and Development of the Environmental Protection
Agency in order to avoid duplication of research activities.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.— There are authorized to be appropriated
such sums as necessary to carry out this section.
‘‘(2) WITHHOLDINGS FROM BIOTECHNOLOGY OUTLAYS.—The
Secretary of Agriculture shall withhold from outlays of the
Department of Agriculture for research on biotechnology, as
defined and determined by the Secretary, at least 2 percent
of such amount for the purpose of making grants under this
section for research on biotechnology risk assessment.
‘‘(3) APPLICATION OF FUNDS.—Funds made available under
this subsection shall be applied, to the maximum extent prac-
ticable, to risk assessment research on all categories identified
in subsection (c).’’.
SEC. 7211. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH
GRANTS.
Section 2(b)(2) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)(2)) is amended by striking
‘‘in—’’ and inserting the following: ‘‘in the areas described in sub-
paragraphs (A) through (F). Such needs shall be determined by
the Secretary, in consultation with the National Agricultural
Research, Extension, Education, and Economics Advisory Board,
not later than July 1 of each fiscal year for the purposes of the
following fiscal year.’’.
SEC. 7212. MATCHING FUNDS REQUIREMENT FOR RESEARCH AND
EXTENSION ACTIVITIES OF 1890 INSTITUTIONS.
Section 1449 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222d) is amended—
(1) by amending subsection (c) to read as follows:
‘‘(c) MATCHING FORMULA.—Notwithstanding any other provision
of this subtitle, for each of fiscal years 2003 through 2007, the
State shall provide matching funds from non-Federal sources. Such
matching funds shall be for an amount equal to not less than—
‘‘(1) 60 percent of the formula funds to be distributed to
the eligible institution for fiscal year 2003;
‘‘(2) 70 percent of the formula funds to be distributed to
the eligible institution for fiscal year 2004;
‘‘(3) 80 percent of the formula funds to be distributed to
the eligible institution for fiscal year 2005;
‘‘(4) 90 percent of the formula funds to be distributed to
the eligible institution for fiscal year 2006; and
‘‘(5) 100 percent of the formula funds to be distributed
to the eligible institution for fiscal year 2007 and each fiscal
year thereafter.’’; and
(2) by amending subsection (d) to read as follows:
‘‘(d) WAIVER AUTHORITY.—Notwithstanding subsection (f), the
Secretary may waive the matching funds requirement under sub-
section (c) above the 50 percent level for any fiscal year for an
eligible institution of a State if the Secretary determines that the
State will be unlikely to satisfy the matching requirement.’’.
H. R. 2646—315
SEC. 7213. MATCHING REQUIREMENTS FOR RESEARCH AND EXTEN-
SION FORMULA FUNDS FOR INSULAR AREA LAND-GRANT
INSTITUTIONS.
(a) EXPERIMENT STATIONS.—Section 3(d) of the Hatch Act of
1887 (7 U.S.C. 361c(d)) is amended by striking paragraph (4) and
inserting the following:
‘‘(4) EXCEPTION FOR INSULAR AREAS.—
‘‘(A) IN GENERAL.—Effective beginning for fiscal year
2003, in lieu of the matching funds requirement of para-
graph (1), the insular areas of the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands of the United States
shall provide matching funds from non-Federal sources
in an amount equal to not less than 50 percent of the
formula funds distributed by the Secretary to each of the
insular areas, respectively, under this section.
‘‘(B) WAIVERS.—The Secretary may waive the matching
fund requirement of subparagraph (A) for any fiscal year
if the Secretary determines that the government of the
insular area will be unlikely to meet the matching require-
ment for the fiscal year.’’.
(b) COOPERATIVE AGRICULTURAL EXTENSION.—Section 3(e) of
the Smith-Lever Act (7 U.S.C. 343(e)) is amended by striking para-
graph (4) and inserting the following:
‘‘(4) EXCEPTION FOR INSULAR AREAS.—
‘‘(A) IN GENERAL.—Effective beginning for fiscal year
2003, in lieu of the matching funds requirement of para-
graph (1), the insular areas of the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands of the United States
shall provide matching funds from non-Federal sources
in an amount equal to not less than 50 percent of the
formula funds distributed by the Secretary to each of the
insular areas, respectively, under this section.
‘‘(B) WAIVERS.—The Secretary may waive the matching
fund requirement of subparagraph (A) for any fiscal year
if the Secretary determines that the government of the
insular area will be unlikely to meet the matching require-
ment for the fiscal year.’’.
SEC. 7214. DEFINITION OF FOOD AND AGRICULTURAL SCIENCES.
Section 2(3) of the Research Facilities Act (7 U.S.C. 390(2)(3))
is amended to read as follows:
‘‘(3) FOOD AND AGRICULTURAL SCIENCES.—The term ‘food
and agricultural sciences’ has the meaning given that term
in section 1404(8) of the National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 3103(8)).’’.
SEC. 7215. FEDERAL EXTENSION SERVICE.
Section 3(b)(3) of the Smith-Lever Act (7 U.S.C. 343(b)(3)) is
amended—
(1) by striking ‘‘$5,000,000’’ and inserting ‘‘such sums as
are necessary’’; and
(2) by adding after the first sentence the following new
sentence: ‘‘The balance of any annual funds provided under
the preceding sentence for a fiscal year that remains unex-
pended at the end of that fiscal year shall remain available
without fiscal year limitation.’’.
H. R. 2646—316
SEC. 7216. POLICY RESEARCH CENTERS.
Section 1419A(c)(3) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3155(c)(3))
is amended by striking ‘‘collect and analyze’’ and inserting ‘‘collect,
analyze, and disseminate’’.
SEC. 7217. AVAILABILITY OF COMPETITIVE GRANT FUNDS.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1469
(7 U.S.C. 3315) the following:
‘‘SEC. 1469A. AVAILABILITY OF COMPETITIVE GRANT FUNDS.
‘‘Except as otherwise provided by law, funds made available
to the Secretary to carry out a competitive agricultural research,
education, or extension grant program under this or any other
Act shall be available for obligation for a 2-year period beginning
on October 1 of the fiscal year for which the funds are made
available.’’.
SEC. 7218. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INI-
TIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925b) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘, breeding,’’ after
‘‘production’’;
(B) in paragraph (2), by striking ‘‘and’’ at the end;
(C) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
‘‘(4) determining desirable traits for organic commodities;
‘‘(5) identifying marketing and policy constraints on the
expansion of organic agriculture; and
‘‘(6) conducting advanced on-farm research and develop-
ment that emphasizes observation of, experimentation with,
and innovation for working organic farms, including research
relating to production and marketing and to socioeconomic
conditions.’’; and
(2) by amending subsection (e) to read as follows:
‘‘(e) FUNDING.—On October 1, 2003, and each October 1 there-
after through October 1, 2007, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall
transfer $3,000,000 to the Secretary of Agriculture for this section.’’.
SEC. 7219. SENIOR SCIENTIFIC RESEARCH SERVICE.
Subtitle B of title VI of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7651 et seq.) is
amended by adding at the end the following:
‘‘SEC. 620. SENIOR SCIENTIFIC RESEARCH SERVICE.
‘‘(a) IN GENERAL.—There is established in the Department of
Agriculture the Senior Scientific Research Service (referred to in
this section as the ‘Service’).
‘‘(b) MEMBERS.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2) through (4),
the Secretary shall appoint the members of the Service.
‘‘(2) QUALIFICATIONS.—To be eligible for appointment to
the Service, an individual shall—
H. R. 2646—317
‘‘(A) have conducted outstanding research in the field
of agriculture or forestry;
‘‘(B) have earned a doctoral level degree at an institu-
tion of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)); and
‘‘(C) meet qualification standards prescribed by the
Director of the Office of Personnel Management for appoint-
ment to a position at level GS–15 of the General Schedule.
‘‘(3) NUMBER.—Not more than 100 individuals may serve
as members of the Service at any 1 time.
‘‘(4) OTHER REQUIREMENTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B) and
subsection (d)(2), the Secretary may appoint and employ
a member of the Service without regard to—
‘‘(i) the provisions of title 5, United States Code,
governing appointments in the competitive service;
‘‘(ii) the provisions of subchapter I of chapter 35
of title 5, United States Code, relating to retention
preference;
‘‘(iii) the provisions of chapter 43 of title 5, United
States Code, relating to performance appraisal and
performance actions;
‘‘(iv) the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating
to classification and General Schedule pay rates; and
‘‘(v) the provisions of chapter 75 of title 5, United
States Code, relating to adverse actions.
‘‘(B) EXCEPTION.—A member of the Service appointed
and employed by the Secretary under subparagraph (A)
shall have the same right of appeal to the Merit Systems
Protection Board and the same right to file a complaint
with the Office of Special Counsel as an employee appointed
to a position at level GS–15 of the General Schedule.
‘‘(c) PERFORMANCE APPRAISAL SYSTEM.—The Secretary shall
develop a performance appraisal system for members of the Service
that is designed to—
‘‘(1) provide for the systematic appraisal of the employment
performance of the members; and
‘‘(2) encourage excellence in employment performance by
the members.
‘‘(d) COMPENSATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall determine the compensation of members of the Service.
‘‘(2) LIMITATIONS.—The rate of pay for a member of the
Service shall—
‘‘(A) not be less than the minimum rate payable for
a position at level GS–15 of the General Schedule; and
‘‘(B) not be more than the rate payable for a position
at level I of the Executive Schedule, unless the rate is
approved by the President under section 5377(d)(2) of title
5, United States Code.
‘‘(e) RETIREMENT CONTRIBUTIONS.—
‘‘(1) IN
GENERAL.—On the request of a member of the
Service who was an employee of an institution of higher edu-
cation (as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) immediately prior to appointment
as a member of the Service and who retains the right to
H. R. 2646—318
continue to make contributions to the retirement system of
the institution, the Secretary may contribute an amount not
to exceed 10 percent of the basic pay of the member to the
retirement system of the institution on behalf of the member.
‘‘(2) FEDERAL RETIREMENT SYSTEM.—
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), a
member for whom a contribution is made under paragraph
(1) shall not, as a result of serving as a member of the
Service, be covered by, or earn service credit under, chapter
83 or 84 of title 5, United States Code.
‘‘(B) ANNUAL
LEAVE.—Service of a member of the
Service described in subparagraph (A) shall be creditable
for determining years of service under section 6303(a) of
title 5, United States Code.
‘‘(f) INVOLUNTARY SEPARATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing the provisions of title 5, United States Code, governing
appointment in the competitive service, in the case of an indi-
vidual who is separated from the Service involuntarily and
without cause—
‘‘(A) the Secretary may appoint the individual to a
position in the competitive civil service at level GS–15
of the General Schedule; and
‘‘(B) the appointment shall be a career appointment.
‘‘(2) EXCEPTED CIVIL SERVICE.—In the case of an individual
described in paragraph (1) who immediately prior to appoint-
ment as a member of the Service was not a career appointee
in the civil service or the Senior Executive Service, the appoint-
ment of the individual under paragraph (1)—
‘‘(A) shall be to the excepted civil service; and
‘‘(B) may not exceed a period of 2 years.’’.
SEC. 7220. TERMINATION OF CERTAIN SCHEDULE A APPOINTMENTS.
(a) TERMINATION.—Not later than January 31, 2003, the Sec-
retary of Agriculture shall terminate each appointment listed as
an excepted position under schedule A of the General Schedule
made by the Secretary to the Federal civil service of an individual
who holds dual government appointments, and who carries out
agricultural extension work in a program at a college or university
eligible to receive funds, under—
(1) the Smith-Lever Act (7 U.S.C. 341 et seq.);
(2) section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221);
or
(3) section 208(e) of the District of Columbia Public Postsec-
ondary Education Reorganization Act (88 Stat. 1428).
(b) CONTINUATION OF CERTAIN FEDERAL BENEFITS.—
(1) IN GENERAL.—Notwithstanding title 5, United States
Code, and subject to paragraph (2), an individual described
in subsection (a), during the period the individual is employed
in an agricultural extension program described in subsection
(a) without a break in service, shall continue to—
(A) be eligible to participate, to the same extent that
the individual was eligible to participate (on the day before
the date of enactment of this Act), in—
(i) the Federal Employee Health Benefits Program;
H. R. 2646—319
(ii) the Federal Employee Group Life Insurance
Program;
(iii) the Civil Service Retirement System;
(iv) the Federal Employee Retirement System;
(v) the Thrift Savings Plan; and
(vi) the Federal Long Term Care Insurance Pro-
gram; and
(B) receive Federal Civil Service employment credit
to the same extent that the individual was receiving such
credit on the day before the date of enactment of this
Act.
(2) LIMITATIONS.—An individual may continue to be eligible
for the benefits described in paragraph (1) if—
(A) in the case of an individual who remains employed
in the agricultural extension program described in sub-
section (a) on the date of enactment of this Act, the
employing college or university continues to fulfill the
administrative and financial responsibilities (including
making agency contributions) associated with providing
those benefits, as determined by the Secretary of Agri-
culture; and
(B) in the case of an individual who changes employ-
ment to a second college or university described in sub-
section (a)—
(i) the individual continues to work in an agricul-
tural extension program described in subsection (a),
as determined by the Secretary of Agriculture;
(ii) the second college or university—
(I) fulfills the administrative and financial
responsibilities (including making agency contribu-
tions) associated with providing those benefits, as
determined by the Secretary of Agriculture; and
(II) within 1 year before the date of the
employment of the individual, had employed a dif-
ferent individual described in subsection (a) who
had performed the same duties of employment;
and
(iii) the individual was eligible for those benefits
on the day before the date of enactment of this Act.
SEC. 7221. BIOSECURITY PLANNING AND RESPONSE PROGRAMS.
(a) BIOSECURITY.—The National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.)
is amended by adding at the end the following:
‘‘Subtitle N—Biosecurity
‘‘SEC. 1484. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING
AND RESPONSE.
‘‘(a) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to
amounts for agricultural research, extension, and education under
this Act, there are authorized to be appropriated for agricultural
research, education, and extension activities for biosecurity plan-
ning and response such sums as are necessary for each of fiscal
years 2002 through 2007.
‘‘(b) USE OF FUNDS.—Using any authority available to the Sec-
retary, the Secretary shall use funds made available under this
H. R. 2646—320
section to carry out agricultural research, education, and extension
activities (including through competitive grants) for the following:
‘‘(1) To reduce the vulnerability of the United States food
and agricultural system to chemical or biological attack.
‘‘(2) To continue partnerships with institutions of higher
education and other institutions to help form stable, long-term
programs to enhance the biosecurity of the United States,
including the coordination of the development, implementation,
and enhancement of diverse capabilities for addressing threats
to the Nation’s agricultural economy and food supply with
special emphasis on planning, training, outreach, and research
activities related to vulnerability analyses, incident response,
and detection and prevention technologies.
‘‘(3) To make competitive grants to universities and quali-
fied research institutions for research on counterbioterrorism.
‘‘(4) To counter or otherwise respond to chemical or
biological attack.
‘‘SEC. 1485. AGRICULTURE RESEARCH FACILITY EXPANSION AND SECU-
RITY UPGRADES.
‘‘(a) IN GENERAL.—To enhance the security of agriculture in
the United States against threats posed by bioterrorism, the Sec-
retary shall make expansion or security upgrade grants on a
competitive basis to colleges and universities (as defined in section
1404(4)).
‘‘(b) LIMITATION ON GRANTS.—Grants to a recipient under this
section shall not exceed $10,000,000 in any fiscal year.
‘‘(c) REQUIREMENTS FOR GRANTS.—The Secretary shall make
a grant under this section only if the grant applicant provides
satisfactory assurances to the Secretary that—
‘‘(1) sufficient funds are available to pay the non-Federal
share of the cost of the proposed expansion or security upgrades;
and
‘‘(2) the proposed expansion or security upgrades meet such
reasonable qualifications as may be established by the Sec-
retary with respect to biosafety and biosecurity requirements
necessary to protect facility staff, members of the public, and
the food supply.
‘‘(d) ADDITIONAL REQUIREMENTS
FOR GRANTS
FOR FACILITY
EXPANSION.—The Secretary shall make a grant under this section
for the expansion, renovation, remodeling, or alteration (collectively
referred to in this section as ‘‘expansion’’) of a facility only if
the grant applicant provides such assurances as the Secretary deter-
mines to be satisfactory to ensure the following:
‘‘(1) For not less than 20 years after the grant is awarded,
the facility shall be used for the purposes of the research
for which the facility was expanded, as described in the grant
application.
‘‘(2) Sufficient funds will be available, as of the date of
completion of the expansion, for the effective use of the facility
for the purposes of the research for which the facility was
expanded.
‘‘(3) The proposed expansion—
‘‘(A) will increase the capability of the applicant to
conduct research for which the facility was expanded; or
‘‘(B) is necessary to improve the quality of the research
of the applicant.
H. R. 2646—321
‘‘(e) AMOUNT OF GRANT.—The amount of a grant awarded under
this section shall be determined by the Secretary.
‘‘(f) FEDERAL SHARE.—The Federal share of the cost of any
expansion or security upgrade carried out using funds from a grant
provided under this section shall not exceed 50 percent.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as are
necessary for each fiscal year.’’.
(b) SENSE
OF
CONGRESS
ON
INCREASING
CAPACITY
FOR
RESEARCH ON BIOSECURITY AND ANIMAL AND PLANT HEALTH DIS-
EASES.—It is the sense of Congress that funding for the Agricultural
Research Service, the Animal and Plant Health Inspection Service,
and other agencies of the Department of Agriculture with respon-
sibilities for biosecurity should be increased as necessary to improve
the capacity of the agencies to conduct research and analysis of,
and respond to, bioterrorism and animal and plant diseases.
SEC. 7222. INDIRECT COSTS FOR SMALL BUSINESS INNOVATION
RESEARCH GRANTS.
Section 1462 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3310) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Except’’; and
(2) by adding at the end the following:
‘‘(b) EXCEPTION.—Subsection (a) shall not apply to a grant
awarded competitively under section 9 of the Small Business Act
(15 U.S.C. 638).’’.
SEC. 7223. CARBON CYCLE RESEARCH.
Section 221 of the Agricultural Risk Protection Act of 2000
(Public Law 106–224; 114 Stat. 407), as amended by section 9009
of this Act, is amended—
(1) in subsection (a), by striking ‘‘Of the amount’’ and
all that follows through ‘‘to provide’’ and inserting ‘‘To the
extent funds are made available for this purpose, the Secretary
shall provide’’;
(2) in subsection (f), by striking ‘‘under subsection (a)’’
and inserting ‘‘for this section’’; and
(3) by adding at the end the following new subsection:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for fiscal years 2002 through 2007 such sums
as may be necessary to carry out this section.’’.
Subtitle C—Repeal of Certain Activities
and Authorities
SEC. 7301. FOOD SAFETY RESEARCH INFORMATION OFFICE AND
NATIONAL CONFERENCE.
(a) REPEAL.—Subsections (b) and (c) of section 615 of the Agri-
cultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7654(b) and (c)) are repealed.
(b) CONFORMING AMENDMENTS.—
(1) GENERALLY.—Section 615 of such Act is amended—
(A) in the section heading, by striking ‘‘AND NATIONAL
CONFERENCE’’;
(B) by striking ‘‘(a) FOOD SAFETY RESEARCH INFORMA-
TION OFFICE.—’’;
H. R. 2646—322
(C) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively, and moving the
margins 2 ems to the left;
(D) in subsection (b) (as so redesignated), by redesig-
nating subparagraphs (A) and (B) as paragraphs (1) and
(2), respectively, and moving the margins 2 ems to the
left; and
(E) in subsection (c) (as so redesignated), by striking
‘‘this subsection’’ and inserting ‘‘this section’’.
(2) TABLE OF SECTIONS.—The table of sections for such
Act is amended by striking ‘‘and National Conference’’ in the
item relating to section 615.
SEC. 7302. REIMBURSEMENT OF EXPENSES UNDER SHEEP PRO-
MOTION, RESEARCH, AND INFORMATION ACT OF 1994.
Section 617 of the Agricultural Research, Extension, and Edu-
cation Reform Act of 1998 (Public Law 105–185; 112 Stat. 607)
is repealed.
SEC. 7303. MARKET EXPANSION RESEARCH.
Section 1436 of the Food Security Act of 1985 (7 U.S.C. 1632)
is repealed.
SEC. 7304. NATIONAL ADVISORY BOARD ON AGRICULTURAL WEATHER.
(a) REPEAL.—Section 1639 of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 5853) is repealed.
(b) CONFORMING AMENDMENT.—Section 1640(b) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5854(b))
is amended by striking ‘‘take into’’ and all that follows through
‘‘Weather and’’.
SEC. 7305. AGRICULTURAL INFORMATION EXCHANGE WITH IRELAND.
Section 1420 of the National Agricultural Research, Extension
and Teaching Policy Act Amendments of 1985 (Public Law 99–
198; 99 Stat. 1551) is repealed.
SEC. 7306. PESTICIDE RESISTANCE STUDY.
Section 1437 of the National Agricultural Research, Extension,
and Teaching Policy Act Amendments of 1985 (Public Law 99–
198; 99 Stat. 1558) is repealed.
SEC. 7307. EXPANSION OF EDUCATION STUDY.
Section 1438 of the National Agricultural Research, Extension,
and Teaching Policy Act Amendments of 1985 (Public Law 99–
198; 99 Stat. 1559) is repealed.
SEC. 7308. TASK FORCE ON 10-YEAR STRATEGIC PLAN FOR AGRICUL-
TURAL RESEARCH FACILITIES.
(a) REPEAL.—Section 4 of the Research Facilities Act (7 U.S.C.
390b) is repealed.
(b) CONFORMING AMENDMENT.—Section 2 of such Act (7 U.S.C.
390) is amended by striking paragraph (5).
Subtitle D—New Authorities
SEC. 7401. SUBTITLE DEFINITIONS.
In this subtitle:
H. R. 2646—323
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Agriculture.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
SEC. 7402. RESEARCH EQUIPMENT GRANTS.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1462
(7 U.S.C. 3310) the following:
‘‘SEC. 1462A. RESEARCH EQUIPMENT GRANTS.
‘‘(a) IN GENERAL.—The Secretary may make competitive grants
for the acquisition of special purpose scientific research equipment
for use in the food and agricultural sciences programs of eligible
institutions described in subsection (b).
‘‘(b) ELIGIBLE INSTITUTIONS.—The Secretary may make a grant
under this section to—
‘‘(1) a college or university; or
‘‘(2) a State cooperative institution.
‘‘(c) MAXIMUM AMOUNT.—The amount of a grant made to an
eligible institution under this section may not exceed $500,000.
‘‘(d) PROHIBITION
ON CHARGE
OF EQUIPMENT
AS INDIRECT
COSTS.—The cost of acquisition or depreciation of equipment pur-
chased with a grant under this section shall not be—
‘‘(1) charged as an indirect cost against another Federal
grant; or
‘‘(2) included as part of the indirect cost pool for purposes
of calculating the indirect cost rate of an eligible institution.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2002 through 2007.’’.
SEC. 7403. JOINT REQUESTS FOR PROPOSALS.
(a) PURPOSES.—The purposes of this section are—
(1) to reduce the duplication of administrative functions
relating to grant awards and administration among Federal
agencies conducting similar types of research, education, and
extension programs;
(2) to maximize the use of peer review resources in
research, education, and extension programs; and
(3) to reduce the burden on potential recipients that may
offer similar proposals to receive competitive grants under dif-
ferent Federal programs in overlapping subject areas.
(b) AUTHORITY.—The National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 is amended by inserting
after section 1473A (7 U.S.C. 3319a) the following:
‘‘SEC. 1473B. JOINT REQUESTS FOR PROPOSALS.
‘‘(a) IN GENERAL.—In carrying out any competitive agricultural
research, education, or extension grant program authorized under
this or any other Act, the Secretary may cooperate with 1 or
more other Federal agencies (including the National Science
Foundation) in issuing joint requests for proposals, awarding grants,
and administering grants, for similar or related research, education,
or extension projects or activities.
‘‘(b) ADMINISTRATION.—
H. R. 2646—324
‘‘(1) SECRETARY.—The Secretary may delegate authority
to issue requests for proposals, make grant awards, or admin-
ister grants, in whole or in part, to a cooperating Federal
agency.
‘‘(2) COOPERATING FEDERAL AGENCY.—The cooperating Fed-
eral agency may delegate to the Secretary authority to issue
requests for proposals, make grant awards, or administer
grants, in whole or in part.
‘‘(c) REGULATIONS.—The Secretary and a cooperating Federal
agency may agree to make applicable to recipients of grants—
‘‘(1) the post-award grant administration regulations
applicable to recipients of grants from the Secretary; or
‘‘(2) the post-award grant administration regulations
applicable to recipients of grants from the cooperating Federal
agency.
‘‘(d) JOINT PEER REVIEW PANELS.—Subject to section 1413B,
the Secretary and a cooperating Federal agency may establish joint
peer review panels for the purpose of evaluating grant proposals.’’.
SEC. 7404. REVIEW OF AGRICULTURAL RESEARCH SERVICE.
(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a task force
to—
(1) conduct a review of the Agricultural Research Service;
and
(2) evaluate the merits of establishing one or more National
Institutes focused on disciplines important to the progress of
food and agricultural science.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Task Force shall consist of 8 mem-
bers, appointed by the Secretary, that—
(A) have a broad-based background in plant, animal,
and agricultural sciences research, food, nutrition, bio-
technology, 
crop 
production 
methods, 
environmental
science, or related disciplines; and
(B) are familiar with the role and infrastructure used
to conduct Federal and private research, including—
(i) the Agricultural Research Service;
(ii) the National Institutes of Health;
(iii) the National Science Foundation;
(iv) the National Aeronautics and Space Adminis-
tration;
(v) the Department of Energy laboratory system;
or
(vi) the Cooperative State Research, Education,
and Extension Service.
(2) PRIVATE
SECTOR.—Of the members appointed under
paragraph (1), the Secretary shall appoint at least 6 members
that are members of the private sector or come from institutions
of higher education.
(3) PLANT AND AGRICULTURAL SCIENCES RESEARCH.—Of the
members appointed under paragraph (1), the Secretary shall
appoint at least 3 members that have an extensive background
and preeminence in the field of plant, animal, and agricultural
sciences research.
(4) CHAIRPERSON.—Of the members appointed under para-
graph (1), the Secretary shall designate a Chairperson that
H. R. 2646—325
has significant leadership experience in educational and
research institutions and indepth 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) conduct a review of the purpose, efficiency, effectiveness,
and impact on agricultural research of the Agricultural
Research Service;
(2) conduct a review and evaluation of the merits of estab-
lishing one or more National Institutes (such as National
Institutes for Plant and Agricultural Sciences) focused on dis-
ciplines important to the progress of food and agricultural
sciences, and, if establishment of one or more National
Institutes is recommended, provide further recommendations
to the Secretary, including the structure for establishing each
Institute, the multistate area location of each Institute, and
the amount of funding necessary to establish each Institute;
and
(3) submit the reports required by subsection (d).
(d) REPORTS.—Not later than 12 months after the date of enact-
ment of this Act, 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—
(1) a report on the review and evaluation required under
subsection (c)(1); and
(2) a report on the review and evaluation required under
subsection (c)(2).
(e) FUNDING.—The Secretary shall use to carry out this section
not more than 0.1 percent of the amount of appropriations available
to the Agricultural Research Service for fiscal year 2003.
SEC. 7405. BEGINNING FARMER AND RANCHER DEVELOPMENT PRO-
GRAM.
(a) DEFINITION OF BEGINNING FARMER OR RANCHER.—In this
section, the term ‘‘beginning farmer or rancher’’ means a person
that—
(1)(A) has not operated a farm or ranch; or
(B) has operated a farm or ranch for not more than 10
years; and
(2) meets such other criteria as the Secretary may establish.
(b) PROGRAM.—The Secretary shall establish a beginning farmer
and rancher development program to provide training, education,
outreach, and technical assistance initiatives for beginning farmers
or ranchers.
(c) GRANTS.—
(1) IN GENERAL.—In carrying out this section, the Secretary
shall make competitive grants to support new and established
local and regional training, education, outreach, and technical
assistance initiatives for beginning farmers or ranchers,
including programs and services (as appropriate) relating to—
(A) mentoring, apprenticeships, and internships;
(B) resources and referral;
H. R. 2646—326
(C) assisting beginning farmers or ranchers in
acquiring land from retiring farmers and ranchers;
(D) innovative farm and ranch transfer strategies;
(E) entrepreneurship and business training;
(F) model land leasing contracts;
(G) financial management training;
(H) whole farm planning;
(I) conservation assistance;
(J) risk management education;
(K) diversification and marketing strategies;
(L) curriculum development;
(M) understanding the impact of concentration and
globalization;
(N) basic livestock and crop farming practices;
(O) the acquisition and management of agricultural
credit;
(P) environmental compliance;
(Q) information processing; and
(R) other similar subject areas of use to beginning
farmers or ranchers.
(2) ELIGIBILITY.—To be eligible to receive a grant under
this subsection, the recipient shall be a collaborative State,
tribal, local, or regionally-based network or partnership of
public or private entities, which may include—
(A) a State cooperative extension service;
(B) a Federal, State, or tribal agency;
(C) a community-based and nongovernmental organiza-
tion;
(D) a college or university (including an institution
awarding an associate’s degree) or foundation maintained
by a college or university; or
(E) any other appropriate partner, as determined by
the Secretary.
(3) TERM OF GRANT.—The term of a grant under this sub-
section shall not exceed 3 years.
(4) MATCHING REQUIREMENT.—To be eligible to receive a
grant under this subsection, a recipient shall provide a match
in the form of cash or in-kind contributions in an amount
equal to 25 percent of the funds provided by the grant.
(5) SET-ASIDE.—Not less than 25 percent of funds used
to carry out this subsection for a fiscal year shall be used
to support programs and services that address the needs of—
(A) limited resource beginning farmers or ranchers (as
defined by the Secretary);
(B) socially disadvantaged beginning farmers or
ranchers (as defined in section 355(e) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2003(e)); and
(C) farmworkers desiring to become farmers or
ranchers.
(6) PROHIBITION.—A grant made under this subsection may
not be used for the planning, repair, rehabilitation, acquisition,
or construction of a building or facility.
(7) ADMINISTRATIVE COSTS.—The Secretary shall use not
more than 4 percent of the funds made available to carry
out this subsection for administrative costs incurred by the
Secretary in carrying out this section.
(d) EDUCATION TEAMS.—
H. R. 2646—327
(1) IN GENERAL.—In carrying out this section, the Secretary
shall establish beginning farmer and rancher education teams
to develop curricula and conduct educational programs and
workshops for beginning farmers or ranchers in diverse geo-
graphical areas of the United States.
(2) CURRICULUM.—In promoting the development of cur-
ricula, the Secretary shall, to the maximum extent practicable,
include modules tailored to specific audiences of beginning
farmers or ranchers, based on crop or regional diversity.
(3) COMPOSITION.—In establishing an education team for
a specific program or workshop, the Secretary shall, to the
maximum extent practicable—
(A) obtain the short-term services of specialists with
knowledge and expertise in programs serving beginning
farmers or ranchers; and
(B) use officers and employees of the Department with
direct experience in programs of the Department that may
be taught as part of the curriculum for the program or
workshop.
(4) COOPERATION.—
(A) IN GENERAL.—In carrying out this subsection, the
Secretary shall cooperate, to the maximum extent prac-
ticable, with—
(i) State cooperative extension services;
(ii) Federal and State agencies;
(iii) 
community-based 
and 
nongovernmental
organizations;
(iv) colleges and universities (including an institu-
tion awarding an associate’s degree) or foundations
maintained by a college or university; and
(v) other appropriate partners, as determined by
the Secretary.
(B) 
COOPERATIVE
AGREEMENT.—Notwithstanding
chapter 63 of title 31, United States Code, the Secretary
may enter into a cooperative agreement to reflect the terms
of any cooperation under subparagraph (A).
(e) CURRICULUM
AND TRAINING CLEARINGHOUSE.—The Sec-
retary shall establish an online clearinghouse that makes available
to beginning farmers or ranchers education curricula and training
materials and programs, which may include online courses for direct
use by beginning farmers or ranchers.
(f) STAKEHOLDER INPUT.—In carrying out this section, the Sec-
retary shall seek stakeholder input from—
(1) beginning farmers and ranchers;
(2) national, State, tribal, and local organizations and other
persons with expertise in operating beginning farmer and
rancher programs; and
(3) the Advisory Committee on Beginning Farmers and
Ranchers established under section 5 of the Agricultural Credit
Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law
102–554).
(g) PARTICIPATION
BY
OTHER
FARMERS
AND
RANCHERS.—
Nothing in this section prohibits the Secretary from allowing
farmers and ranchers who are not beginning farmers or ranchers
from participating in programs authorized under this section to
the extent that the Secretary determines that such participation
H. R. 2646—328
is appropriate and will not detract from the primary purpose of
educating beginning farmers and ranchers.
(h) Authorization of Appropriations.—There are authorized to
be appropriated to carry out this section such sums as may be
necessary for each of fiscal years 2002 through 2007.
SEC. 7406. SENSE OF CONGRESS REGARDING DOUBLING OF FUNDING
FOR AGRICULTURAL RESEARCH.
It is the sense of Congress that—
(1) Federal funding for food and agricultural research has
been essentially constant for 2 decades, putting at risk the
scientific base on which food and agricultural advances have
been made;
(2) the resulting increase in the relative proportion of pri-
vate sector, industry investments in food and agricultural
research has led to questions about the independence and objec-
tivity of research and outreach conducted by the Federal and
university research sectors; and
(3) funding for food and agricultural research should be
at least doubled over the next 5 fiscal years—
(A) to restore the balance between public and private
sector funding for food and agricultural research; and
(B) to maintain the scientific base on which food and
agricultural advances are made.
SEC. 7407. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
The Secretary shall ensure that segregated data on the produc-
tion and marketing of organic agricultural products is included
in the ongoing baseline of data collection regarding agricultural
production and marketing.
SEC. 7408. INTERNATIONAL ORGANIC RESEARCH COLLABORATION.
The Secretary, acting through the Agricultural Research Service
(including the National Agricultural Library) and the Economic
Research Service, shall facilitate access by research and extension
professionals, farmers, and other interested persons in the United
States to, and the use by those persons of, organic research con-
ducted outside the United States.
SEC. 7409. REPORT ON PRODUCERS AND HANDLERS OF ORGANIC AGRI-
CULTURAL PRODUCTS.
Not later than 1 year after funds are made available to carry
out this section, the Secretary shall submit to Congress a report
that—
(1) describes—
(A) the extent to which producers and handlers of
organic agricultural products are contributing to research
and promotion programs of the Department;
(B) the extent to which producers and handlers of
organic agricultural products are surveyed for ideas for
research and promotion;
(C) ways in which the programs reflect the contribu-
tions made by producers and handlers of organic agricul-
tural products and directly benefit the producers and han-
dlers; and
(D) the implementation of initiatives that directly ben-
efit organic producers and handlers; and
H. R. 2646—329
(2) evaluates industry and other proposals for improving
the treatment of certified organic agricultural products under
Federal marketing orders, including proposals to target addi-
tional resources for research and promotion of organic products
and to differentiate between certified organic and other prod-
ucts in new or existing volume limitations or other orderly
marketing requirements.
SEC. 7410. REPORT ON GENETICALLY MODIFIED PEST-PROTECTED
PLANTS.
It is the sense of Congress that, not later than 1 year after
the date of enactment of this Act, the Secretary should—
(1) review the recommendations of the Committee on
Genetically Modified Pest-Protected Plants of the Board on
Agriculture and Natural Resources of the National Research
Council made during 2000 and the Committee on Environ-
mental 
Impacts 
Associated 
with 
Commercialization 
of
Transgenic Plants made during 2002, concerning food safety,
ecological research, monitoring needs for transgenic crops with
plant incorporated protectants, and the environmental effects
of transgenic plants; and
(2) 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 that describes actions
taken to implement those recommendations by agencies within
the Department, including agencies that develop or implement
programs or objectives relating to marketing, regulation, food
safety, research, education, or economics.
SEC. 7411. STUDY OF NUTRIENT BANKING.
(a) IN GENERAL.—The Secretary may conduct a study to
evaluate nutrient banking for the purpose of enhancing the health
and viability of watersheds in areas with large concentrations of
animal producing units.
(b) COMPONENTS.—In conducting any study under subsection
(a), the Secretary 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.—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 any study conducted under subsection
(a).
SEC. 7412. GRANTS FOR YOUTH ORGANIZATIONS.
Title IV of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7621 et seq.) (as amended by section
7206(e)) is amended by adding at the end the following:
‘‘SEC. 410. GRANTS FOR YOUTH ORGANIZATIONS.
‘‘(a) IN GENERAL.—The Secretary, acting through the Adminis-
trator of the Cooperative State Research, Education, and Extension
Service, shall make grants to the Girl Scouts of the United States
of America, the Boy Scouts of America, the National 4–H Council,
and the National FFA Organization to establish pilot projects to
expand the programs carried out by the organizations in rural
areas and small towns (including, with respect to the National
H. R. 2646—330
4–H Council, activities provided for in Public Law 107–19 (115
Stat. 153)).
‘‘(b) FUNDING.—Of the funds of the Commodity Credit Corpora-
tion, the Secretary shall make available $8,000,000 for fiscal year
2002, which shall remain available until expended.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section such sums as are
necessary for each of fiscal years 2003 through 2007.’’.
Subtitle E—Miscellaneous
SEC. 7501. RESIDENT INSTRUCTION AND DISTANCE EDUCATION AT
INSTITUTIONS 
OF 
HIGHER 
EDUCATION 
IN 
UNITED
STATES INSULAR AREAS.
(a) PURPOSE.—It is the purpose of this subtitle to promote
and strengthen higher education in the food and agricultural
sciences at institutions of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)))
that have demonstrable capacity to carry out teaching and extension
programs in food and agricultural sciences and that are located
in the insular areas of the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Federated
States of Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau by formulating and administering programs to
enhance teaching programs in agriculture, natural resources, for-
estry, veterinary medicine, home economics, and disciplines closely
allied to the food and agriculture production and delivery systems.
SEC. 7502. DEFINITIONS.
(a) IN GENERAL.—Section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103) is amended—
(1) by redesignating paragraphs (10) through (17) as para-
graphs (11) through (18), respectively;
(2) by inserting after paragraph (9) the following:
‘‘(10) INSULAR AREA.—The term ‘insular area’ means—
‘‘(A) the Commonwealth of Puerto Rico;
‘‘(B) Guam;
‘‘(C) American Samoa;
‘‘(D) the Commonwealth of the Northern Mariana
Islands;
‘‘(E) the Federated States of Micronesia;
‘‘(F) the Republic of the Marshall Islands;
‘‘(G) the Republic of Palau; and
‘‘(H) the Virgin Islands of the United States.’’; and
(3) by striking paragraph (13) (as so redesignated) and
inserting the following:
‘‘(13) STATE.—The term ‘State’ means—
‘‘(A) a State;
‘‘(B) the District of Columbia; and
‘‘(C) any insular area.’’.
(b) EFFECT OF AMENDMENTS.—The amendments made by sub-
section (a) shall not affect any basis for distribution of funds by
formula (in effect on the date of enactment of this Act) to—
(1) the Federated States of Micronesia;
H. R. 2646—331
(2) the Republic of the Marshall Islands; or
(3) the Republic of Palau.
SEC. 7503. RESIDENT INSTRUCTION AND DISTANCE EDUCATION
GRANTS PROGRAM FOR INSULAR AREA INSTITUTIONS
OF HIGHER EDUCATION.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by adding
at the end the following:
‘‘Subtitle O—Institutions of Higher
Education in Insular Areas
‘‘SEC. 1489. DEFINITION.
‘‘For the purposes of this subtitle, the term ‘eligible institution’
means an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))
in an insular area that has demonstrable capacity to carry out
teaching and extension programs in the food and agricultural
sciences.
‘‘SEC. 1490. DISTANCE EDUCATION GRANTS FOR INSULAR AREAS.
‘‘(a) IN GENERAL.—The Secretary may make competitive or
noncompetitive grants to eligible institutions in insular areas to
strengthen the capacity of such institutions to carry out distance
food and agricultural education programs using digital network
technologies.
‘‘(b) USE.—Grants made under this section shall be used—
‘‘(1) to acquire the equipment, instrumentation, networking
capability, hardware and software, digital network technology,
and infrastructure necessary to teach students and teachers
about technology in the classroom;
‘‘(2) to develop and provide educational services (including
faculty development) to prepare students or faculty seeking
a degree or certificate that is approved by the State or a
regional accrediting body recognized by the Secretary of Edu-
cation;
‘‘(3) to provide teacher education, library and media spe-
cialist training, and preschool and teacher aid certification to
individuals who seek to acquire or enhance technology skills
in order to use technology in the classroom or instructional
process;
‘‘(4) to implement a joint project to provide education
regarding technology in the classroom with a local educational
agency, community-based organization, national nonprofit
organization, or business; or
‘‘(5) to provide leadership development to administrators,
board members, and faculty of eligible institutions with institu-
tional responsibility for technology education.
‘‘(c) LIMITATION ON USE OF GRANT FUNDS.—Funds provided
under this section shall not be used for the planning, acquisition,
construction, rehabilitation, or repair of a building or facility.
‘‘(d) ADMINISTRATION OF PROGRAM.—The Secretary may carry
out this section in a manner that recognizes the different needs
and opportunities for eligible institutions in the Atlantic and Pacific
Oceans.
H. R. 2646—332
‘‘(e) MATCHING REQUIREMENT.—
‘‘(1) IN GENERAL.—The Secretary may establish a require-
ment that an eligible institution receiving a grant under this
section shall provide matching funds from non-Federal sources
in an amount equal to not less than 50 percent of the grant.
‘‘(2) WAIVERS.—If the Secretary establishes a matching
requirement under paragraph (1), the Secretary shall retain
an option to waive the requirement for an eligible institution
for any fiscal year if the Secretary determines that the institu-
tion will be unlikely to meet the matching requirement for
the fiscal year.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2002 through 2007.
‘‘SEC. 1491. RESIDENT INSTRUCTION GRANTS FOR INSULAR AREAS.
‘‘(a) IN GENERAL.—The Secretary of Agriculture shall make
competitive grants to eligible institutions to—
‘‘(1) 
strengthen 
institutional 
educational 
capacities,
including libraries, curriculum, faculty, scientific instrumenta-
tion, instruction delivery systems, and student recruitment and
retention, in order to respond to identified State, regional,
national, or international education needs in the food and agri-
cultural sciences;
‘‘(2) attract and support undergraduate and graduate stu-
dents in order to educate them in identified areas of national
need in the food and agriculture sciences;
‘‘(3) facilitate cooperative initiatives between two or more
insular area eligible institutions, or between those institutions
and units of State Government or organizations in the private
sector, to maximize the development and use of resources such
as faculty, facilities, and equipment to improve food and agricul-
tural sciences teaching programs; and
‘‘(4) conduct undergraduate scholarship programs to assist
in meeting national needs for training food and agricultural
scientists.
‘‘(b) GRANT REQUIREMENTS.—
‘‘(1) The Secretary of Agriculture shall ensure that each
eligible institution, prior to receiving grant funds under sub-
section (a), shall have a significant demonstrable commitment
to higher education programs in the food and agricultural
sciences and to each specific subject area for which grant funds
under this section are to be used.
‘‘(2) The Secretary of Agriculture may require that any
grant awarded under this section contain provisions that
require funds to be targeted to meet the needs identified in
section 1402.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary for each of the
fiscal years 2002 through 2007 to carry out this section.’’.
SEC. 7504. DECLARATION OF EXTRAORDINARY EMERGENCY AND
RESULTING AUTHORITIES.
(a) REVIEW
OF PAYMENT
OF COMPENSATION.—Section 415(e)
of the Plant Protection Act (7 U.S.C. 7715(e)) is amended by
inserting before the final period the following: ‘‘or a review of
longer than 60 days by any officer or employee of the Federal
H. R. 2646—333
Government other than the Secretary or the designee of the Sec-
retary’’.
(b) REVIEW OF CERTAIN DECISIONS.—Section 442 of the Plant
Protection Act (7 U.S.C. 7772) is amended by adding at the end
the following new subsection:
‘‘(c) SECRETARIAL
DISCRETION.—The action of any officer,
employee, or agent of the Secretary in carrying out this Act,
including determining the amount of and making any payment
authorized to be made under this title, shall not be subject to
a review of longer than 60 days by any officer or employee of
the Federal Government other than the Secretary or the designee
of the Secretary.’’.
(c) METHYL BROMIDE.—The Plant Protection Act (7 U.S.C. 7701
et seq.) is amended by inserting after section 418 the following
new section:
‘‘SEC. 419. METHYL BROMIDE.
‘‘(a) IN GENERAL.—The Secretary, upon request of State, local,
or tribal authorities, shall determine whether methyl bromide treat-
ments or applications required by State, local, or tribal authorities
to prevent the introduction, establishment, or spread of plant pests
(including diseases) or noxious weeds should be authorized as an
official control or official requirement. The Secretary shall not
authorize such treatments or applications unless the Secretary finds
there is no other registered, effective, and economically feasible
alternative available.
‘‘(b) METHYL BROMIDE ALTERNATIVE.—The Secretary, in con-
sultation with State, local and tribal authorities, shall establish
a program to identify alternatives to methyl bromide for treatment
and control of plant pests and weeds. For uses where no registered,
effective, economically feasible alternatives available can currently
be identified, the Secretary shall initiate research programs to
develop alternative methods of control and treatment.
‘‘(c) REGISTRY.—Not later than 180 days after the date of enact-
ment of this section, the Secretary shall publish, and thereafter
maintain, a registry of State, local, and tribal requirements author-
ized by the Secretary under this section.
‘‘(d) ADMINISTRATION.—
‘‘(1) TIMELINE FOR DETERMINATION.—Upon the promulga-
tion of regulations to carry out this section, the Secretary
shall make the determination required by subsection (a) not
later than 90 days after receiving the request for such a deter-
mination.
‘‘(2) CONSTRUCTION.—Nothing in this section shall be con-
strued to alter or modify the authority of the Administrator
of the Environmental Protection Agency or to provide any
authority to the Secretary of Agriculture under the Clean Air
Act or regulations promulgated under the Clean Air Act.’’.
SEC. 
7505. 
AGRICULTURAL 
BIOTECHNOLOGY 
RESEARCH 
AND
DEVELOPMENT FOR DEVELOPING COUNTRIES.
Title IV of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by adding
at the end the following:
H. R. 2646—334
‘‘SEC. 
411. 
AGRICULTURAL 
BIOTECHNOLOGY 
RESEARCH 
AND
DEVELOPMENT FOR DEVELOPING COUNTRIES.
‘‘(a) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’
means—
‘‘(A) an institution of higher education that offers a
curriculum in agriculture or the biosciences;
‘‘(B) a nonprofit organization; or
‘‘(C) a consortium of for-profit institutions and agricul-
tural research institutions.
‘‘(b) GRANT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary (acting through the For-
eign Agricultural Service) shall establish and administer a pro-
gram to make competitive grants to eligible entities to develop
agricultural biotechnology for developing countries.
‘‘(2) USE OF FUNDS.—Funds provided to an eligible entity
under this section may be used for projects that use bio-
technology to—
‘‘(A) enhance the nutritional content of agricultural
products that can be grown in developing countries;
‘‘(B) increase the yield and safety of agricultural prod-
ucts that can be grown in developing countries;
‘‘(C) increase the yield of agricultural products that
are drought- and stress-resistant and that can be grown
in developing countries;
‘‘(D) extend the growing range of crops that can be
grown in developing countries;
‘‘(E) enhance the shelf-life of fruits and vegetables
grown in developing countries;
‘‘(F) develop environmentally sustainable agricultural
products that can be grown in developing countries; and
‘‘(G) develop vaccines to immunize against life-threat-
ening illnesses and other medications that can be adminis-
tered by consuming genetically-engineered agricultural
products.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section for each of fiscal years 2002 through 2007.’’.
SEC. 7506. LAND ACQUISITION AUTHORITY, NATIONAL PEANUT
RESEARCH LABORATORY, DAWSON, GEORGIA.
The limitation on the authority of the Agricultural Research
Service to acquire lands by purchase using funds appropriated
under the heading AGRICULTURAL RESEARCH SERVICE-SALARIES AND
EXPENSES in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(Public Law 107–76; 115 Stat. 708), shall not apply to the purchase
of land for a research farm for the National Peanut Research
Laboratory in Dawson, Georgia, for which a lease with an option
to purchase has been entered into before the date of enactment
of this Act.
H. R. 2646—335
TITLE VIII—FORESTRY
Subtitle A—Cooperative Forestry
Assistance Act of 1978
SEC. 8001. REPEAL OF FORESTRY INCENTIVES PROGRAM AND
STEWARDSHIP INCENTIVE PROGRAM.
(a) REPEAL.—The Cooperative Forestry Assistance Act of 1978
is amended by striking section 4 (16 U.S.C. 2103) and section
6 (16 U.S.C. 2103b).
(b) USE OF REMAINING FUNDS.—Notwithstanding the amend-
ment made by subsection (a), the Secretary of Agriculture may
use funds appropriated for fiscal year 2002 for the forestry incen-
tives program or the stewardship incentive program, but not
expended before the date of enactment of this Act, to carry out
sections 4 and 6 of the Cooperative Forestry Assistance Act of
1978, as in effect on the date before the date of enactment of
this Act.
SEC. 8002. ESTABLISHMENT OF FOREST LAND ENHANCEMENT PRO-
GRAM.
(a) PURPOSES.—The purposes of this section are—
(1) to strengthen the commitment of the Secretary of Agri-
culture to sustainable forest management to enhance the
productivity of timber, fish and wildlife habitat, soil and water
quality, wetland, recreational resources, and aesthetic values
of forest land; and
(2) to establish a coordinated and cooperative Federal,
State, and local sustainable forestry program for the establish-
ment, management, maintenance, enhancement, and restora-
tion of forests on nonindustrial private forest land.
(b) FOREST LAND ENHANCEMENT PROGRAM.—The Cooperative
Forestry Assistance Act of 1978 is amended by inserting after
section 3 (16 U.S.C. 2102) the following:
‘‘SEC. 4. FOREST LAND ENHANCEMENT PROGRAM.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary of Agriculture shall estab-
lish a forest land enhancement program—
‘‘(A) to provide financial assistance to State foresters;
and
‘‘(B) to encourage the long-term sustainability of non-
industrial private forest lands in the United States by
assisting the owners of nonindustrial private forest lands,
through State foresters, in more actively managing the
nonindustrial private forest lands and related resources
of those owners through the use of State, Federal, and
private sector resource management expertise, financial
assistance, and educational programs.
‘‘(2) COORDINATION
AND
CONSULTATION.—The Secretary,
acting through State foresters, shall implement the program—
‘‘(A) in coordination with the State Forest Stewardship
Coordinating Committees; and
‘‘(B) in consultation with other Federal, State, and
local natural resource management agencies, institutions
H. R. 2646—336
of higher education, and a broad range of private sector
interests.
‘‘(b) PROGRAM OBJECTIVES.—In implementing the program, the
Secretary shall target resources to achieve the following objectives:
‘‘(1) Investing in practices to establish, restore, protect,
manage, maintain, and enhance the health and productivity
of the nonindustrial private forest lands in the United States
for timber, habitat for flora and fauna, soil, water, and air
quality, wetlands, and riparian buffers.
‘‘(2) Ensuring that afforestation, reforestation, improvement
of poorly stocked stands, timber stand improvement, practices
necessary to improve seedling growth and survival, and growth
enhancement practices occur where needed to enhance and
sustain the long-term productivity of timber and nontimber
forest resources to help meet future public demand for all
forest resources and provide environmental benefits.
‘‘(3) Reducing the risks and helping restore, recover, and
mitigate the damage to forests caused by fire, insects, invasive
species, disease, and damaging weather.
‘‘(4) Increasing and enhancing carbon sequestration
opportunities.
‘‘(5) Enhancing implementation of agroforestry practices.
‘‘(6) Maintaining and enhancing the forest landbase and
leverage State and local financial and technical assistance to
owners that promote the same conservation and environmental
values.
‘‘(7) Preserving the aesthetic quality of nonindustrial pri-
vate forest lands and providing opportunities for outdoor recre-
ation.
‘‘(c) STATE PRIORITY PLAN.—
‘‘(1) DEVELOPMENT.—The State Forester and State Forest
Stewardship Coordinating Committee of a State shall jointly
develop and submit to the Secretary a State priority plan
that is intended to promote forest management objectives in
that State.
‘‘(2) REPORT.—Not later than September 30, 2006, each
State that implemented a State priority plan shall submit
to the Secretary a report describing the status of all activities
and practices funded under the program as of that date.
‘‘(d) OWNER ELIGIBILITY FOR ASSISTANCE.—
‘‘(1) ELIGIBILITY
CRITERIA.—To be eligible for cost-share
assistance under the program, an owner of nonindustrial pri-
vate forest lands shall agree—
‘‘(A) to develop and implement, in cooperation with
a State forester, another State official, or a professional
resources manager, a management plan that—
‘‘(i) except as provided in paragraph (2) or (3),
provides for the treatment of not more than 1,000
acres of nonindustrial private forest lands;
‘‘(ii) is approved by the State forester; and
‘‘(iii) addresses site specific activities and practices;
and
‘‘(B) to implement approved activities and practices
in a manner consistent with the management plan for
a period of not less than 10 years, unless the State forester
approves a modification to the plan.
H. R. 2646—337
‘‘(2) PUBLIC
BENEFIT
EXCEPTION.—The Secretary may
increase the acreage limitation specified in paragraph (1)(A)(i)
to not more than 5,000 acres for an owner of nonindustrial
private forest lands if the Secretary, in consultation with the
State forester, determines that significant public benefits will
accrue as a result of the provision of cost-share assistance
under the program for the treatment of the additional acreage.
‘‘(3) PLAN
DEVELOPMENT
EXCEPTION.—An owner may
receive cost-share assistance under the program for the purpose
of developing a management plan under subsection (e) that
provides for the treatment of acreage in excess of the acreage
limitations specified in paragraphs (1)(A)(i) and (2), except that
the owner’s eligibility for cost-share assistance to implement
approved activities and practices under the management plan
remains subject to the acreage limitation specified in paragraph
(1)(A)(i) or, if the Secretary makes the determination described
in paragraph (2), the acreage limitation specified in that para-
graph.
‘‘(e) MANAGEMENT PLAN.—
‘‘(1) SUBMISSION AND CONTENT.—An owner of nonindustrial
private forest lands that seeks to participate in the program
shall submit to the State forester of the State in which the
lands are located a management plan that—
‘‘(A) identifies and describes projects and activities to
be carried out by the owner to protect or enhance soil,
water, air, range and aesthetic quality, recreation, timber,
water, wetland, or fish and wildlife resources on the lands
in a manner that is compatible with the objectives of the
owner;
‘‘(B) addresses any criteria established by the State
and the applicable Committee; and
‘‘(C) meets the other requirements of this section.
‘‘(2) LANDS COVERED.—At a minimum, the management
plan shall apply to those portions of the nonindustrial private
forest lands of the owner on which any project or activity
funded under the program will be carried out. In a case in
which a project or activity may affect acreage outside the por-
tion of the land on which the project or activity is carried
out, the management plan shall apply to all lands of the owner
that are in forest cover and may be affected by the project
or activity.
‘‘(f) APPROVED ACTIVITIES.—
‘‘(1) STATE LIST.—The Secretary shall develop for each State
a list of approved forest activities and practices eligible for
cost-share assistance that meets the purposes of the program.
The Secretary shall develop the list for a State in consultation
with the State forester and the Committee for that State.
‘‘(2) TYPES OF ACTIVITIES.—Approved activities and prac-
tices under paragraph (1) may consist of activities and practices
for the following purposes:
‘‘(A) The establishment, management, maintenance,
and restoration of forests for shelterbelts, windbreaks, aes-
thetic quality, and other conservation purposes.
‘‘(B) The sustainable growth and management of forests
for timber production.
‘‘(C) The restoration, use, and enhancement of forest
wetland and riparian areas.
H. R. 2646—338
‘‘(D) The protection of water quality and watersheds
through—
‘‘(i) the planting of trees in riparian areas; and
‘‘(ii) the enhanced management and maintenance
of native vegetation on land vital to water quality.
‘‘(E) The management, maintenance, restoration, or
development of habitat for plants, fish, and wildlife.
‘‘(F) The control, detection, monitoring, and prevention
of the spread of invasive species and pests on nonindustrial
private forest lands.
‘‘(G) The restoration of nonindustrial private forest
land affected by invasive species and pests.
‘‘(H) The conduct of other management activities, such
as the reduction of hazardous fuels, that reduce the risks
to forests posed by, and that restore, recover, and mitigate
the damage to forests caused by, fire or any other cata-
strophic event, as determined by the Secretary.
‘‘(I) The development of management plans;
‘‘(J) The conduct of energy conservation and carbon
sequestration activities.
‘‘(K) The conduct of other activities approved by the
Secretary, in consultation with the State forester and the
appropriate Committees.
‘‘(g) REIMBURSEMENT OF ELIGIBLE ACTIVITIES.—
‘‘(1) IN GENERAL.—In the case of an eligible owner that
has an approved management plan, the Secretary shall share
the cost of implementing the approved activities and practices
that the Secretary determines are appropriate.
‘‘(2) RATE.—The Secretary shall determine the appropriate
reimbursement rate for cost-share payments under paragraph
(1) and the schedule for making those payments.
‘‘(3) MAXIMUM COST SHARE.—The Secretary shall not make
cost-share payments under this subsection to an owner in an
amount in excess of 75 percent, or a lower percentage as deter-
mined by the State forester, of the total cost to the owner
to implement the approved activities and practices under the
management plan.
‘‘(4) AGGREGATE
PAYMENT
LIMIT.—The Secretary shall
determine the maximum aggregate amount of cost-share pay-
ments that an owner may receive under the program.
‘‘(5) CONSULTATION.—The Secretary shall make determina-
tions under this subsection in consultation with the State for-
ester.
‘‘(h) RECAPTURE.—
‘‘(1) IN GENERAL.—The Secretary shall establish and imple-
ment a mechanism to recapture payments made to an owner
in the event that the owner fails to implement an approved
activity or practice specified in the management plan for which
the owner received cost-share payments.
‘‘(2) ADDITIONAL REMEDY.—The remedy provided in para-
graph (1) is in addition to any other remedy available to the
Secretary.
‘‘(i) DISTRIBUTION
OF
COST-SHARE
FUNDS.—The Secretary,
acting through the State foresters, shall distribute funds available
for cost sharing under the program only after giving appropriate
consideration to the following factors:
H. R. 2646—339
‘‘(1) The public benefits that would result from the distribu-
tion.
‘‘(2) The total acreage of nonindustrial private forest lands
in each State.
‘‘(3) The potential productivity of those lands, as determined
by the Secretary.
‘‘(4) The number of owners eligible for cost sharing in
each State.
‘‘(5) The opportunities to enhance nontimber resources on
those lands, including—
‘‘(A) the protection of riparian buffers and forest wet-
land;
‘‘(B) the preservation of fish and wildlife habitat;
‘‘(C) the enhancement of soil, air, and water quality;
and
‘‘(D) 
the 
preservation 
of 
aesthetic 
quality 
and
opportunities for outdoor recreation.
‘‘(6) The anticipated demand for timber and nontimber
resources in each State.
‘‘(7) The need to improve forest health to minimize the
damaging effects of catastrophic fire, insects, disease, or
weather.
‘‘(8) The need and demand for agroforestry practices in
each State.
‘‘(9) The need to maintain and enhance the forest landbase.
‘‘(10) The need for afforestation, reforestation, and timber
stand improvement.
‘‘(j) 
AVAILABILITY
OF
FUNDS.—The 
Secretary 
shall 
use
$100,000,000 of funds of the Commodity Credit Corporation to
carry out the Program during the period beginning on the date
of enactment of the Farm Security and Rural Investment Act of
2002 and ending on September 30, 2007.
‘‘(k) DEFINITIONS.—In this section:
‘‘(1) NONINDUSTRIAL
PRIVATE
FOREST
LANDS.—The term
‘nonindustrial private forest lands’ means rural lands, as deter-
mined by the Secretary, that—
‘‘(A) have existing tree cover or are suitable for growing
trees; and
‘‘(B) are owned by any nonindustrial private individual,
group, association, corporation, Indian tribe, or other pri-
vate legal entity so long as the individual, group, associa-
tion, corporation, tribe, or entity has definitive decision-
making authority over the lands.
‘‘(2) COMMITTEE.—The terms ‘State Forest Stewardship
Coordinating Committee’ and ‘Committee’ means a State Forest
Stewardship Coordinating Committee established under section
19(b).
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
‘‘(4) OWNER.—The term ‘owner’ means an owner of non-
industrial private forest land.
‘‘(5) PROGRAM.—The term ‘program’ means the forest land
enhancement program established by this section.
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of Agriculture.
H. R. 2646—365
(A) take remedial action with respect to the animal,
article, or means of conveyance referred to in paragraph
(1); and
(B) recover from the owner the costs of any care, han-
dling, disposal, or other action incurred by the Secretary
in connection with the remedial action.
(c) CERTIFICATION.—The Secretary may certify the classifica-
tion, quality, quantity, condition, processing, handling, or storage
of any animal or article intended for export.
SEC. 10406. INTERSTATE MOVEMENT.
The Secretary may prohibit or restrict—
(1) the movement in interstate commerce of any animal,
article, or means of conveyance if the Secretary determines
that the prohibition or restriction is necessary to prevent the
introduction or dissemination of any pest or disease of livestock;
and
(2) the use of any means of conveyance or facility in connec-
tion with the movement in interstate commerce of any animal
or article if the Secretary determines that the prohibition or
restriction is necessary to prevent the introduction or dissemi-
nation of any pest or disease of livestock.
SEC. 10407. SEIZURE, QUARANTINE, AND DISPOSAL.
(a) IN GENERAL.—The Secretary may hold, seize, quarantine,
treat, destroy, dispose of, or take other remedial action with respect
to—
(1) any animal or progeny of any animal, article, or means
of conveyance that—
(A) is moving or has been moved in interstate com-
merce or has been imported and entered; and
(B) the Secretary has reason to believe may carry,
may have carried, or may have been affected with or
exposed to any pest or disease of livestock at the time
of movement or that is otherwise in violation of this sub-
title;
(2) any animal or progeny of any animal, article, or means
of conveyance that is moving or is being handled, or has moved
or has been handled, in interstate commerce in violation of
this subtitle;
(3) any animal or progeny of any animal, article, or means
of conveyance that has been imported, and is moving or is
being handled or has moved or has been handled, in violation
of this subtitle; or
(4) any animal or progeny of any animal, article, or means
of conveyance that the Secretary finds is not being maintained,
or has not been maintained, in accordance with any post-
importation quarantine, post-importation condition, post-move-
ment quarantine, or post-movement condition in accordance
with this subtitle.
(b) EXTRAORDINARY EMERGENCIES.—
(1) IN GENERAL.—Subject to paragraph (2), if the Secretary
determines that an extraordinary emergency exists because
of the presence in the United States of a pest or disease
of livestock and that the presence of the pest or disease
threatens the livestock of the United States, the Secretary
may—
H. R. 2646—366
(A) hold, seize, treat, apply other remedial actions to,
destroy (including preventative slaughter), or otherwise dis-
pose of, any animal, article, facility, or means of conveyance
if the Secretary determines the action is necessary to pre-
vent the dissemination of the pest or disease; and
(B) prohibit or restrict the movement or use within
a State, or any portion of a State of any animal or article,
means of conveyance, or facility if the Secretary determines
that the prohibition or restriction is necessary to prevent
the dissemination of the pest or disease.
(2) STATE ACTION.—
(A) IN GENERAL.—The Secretary may take action in
a State under this subsection only on finding that measures
being taken by the State are inadequate to control or
eradicate the pest or disease, after review and consultation
with—
‘‘(i) the Governor or an appropriate animal health
official of the State; or
‘‘(ii) in the case of any animal, article, facility,
or means of conveyance under the jurisdiction of an
Indian tribe, the head of the Indian tribe.
(B) NOTICE.—Subject to subparagraph (C), before any
action is taken in a State under subparagraph (A), the
Secretary shall—
(i) notify the Governor, an appropriate animal
health official of the State, or head of the Indian tribe
of the proposed action;
(ii) issue a public announcement of the proposed
action; and
(iii) publish in the Federal Register—
(I) the findings of the Secretary;
(II) a description of the proposed action; and
(III) a statement of the reasons for the pro-
posed action.
(C) NOTICE AFTER ACTION.—If it is not practicable to
publish in the Federal Register the information required
under subparagraph (B)(iii) before taking action under
subparagraph (A), the Secretary shall publish the informa-
tion as soon as practicable, but not later than 10 business
days, after commencement of the action.
(c) QUARANTINE, DISPOSAL, OR OTHER REMEDIAL ACTION.—
(1) IN
GENERAL.—The Secretary, in writing, may order
the owner of any animal, article, facility, or means of convey-
ance referred to in subsection (a) or (b) to maintain in quar-
antine, dispose of, or take other remedial action with respect
to the animal, article, facility, or means of conveyance, in
a manner determined by the Secretary.
(2) FAILURE TO COMPLY WITH ORDERS.—If the owner fails
to comply with the order of the Secretary, the Secretary may—
(A) seize, quarantine, dispose of, or take other remedial
action with respect to the animal, article, facility, or means
of conveyance under subsection (a) or (b); and
(B) recover from the owner the costs of any care, han-
dling, disposal, or other remedial action incurred by the
Secretary in connection with the seizure, quarantine, dis-
posal, or other remedial action.
(d) COMPENSATION.—
H. R. 2646—367
(1) IN GENERAL.—Except as provided in paragraph (3), the
Secretary shall compensate the owner of any animal, article,
facility, or means of conveyance that the Secretary requires
to be destroyed under this section.
(2) AMOUNT.—
(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), the compensation shall be based on the fair market
value, as determined by the Secretary, of the destroyed
animal, article, facility, or means of conveyance.
(B) LIMITATION.—Compensation paid any owner under
this subsection shall not exceed the difference between—
(i) the fair market value of the destroyed animal,
article, facility, or means of conveyance; and
(ii) any compensation received by the owner from
a State or other source for the destroyed animal,
article, facility, or means of conveyance.
(C) REVIEWABILITY.—The determination by the Sec-
retary of the amount to be paid under this subsection
shall be final and not subject to judicial review or review
of longer than 60 days by any officer or employee of the
Federal Government other than the Secretary or the des-
ignee of the Secretary.
(3) EXCEPTIONS.—No payment shall be made by the Sec-
retary under this subsection for—
(A) any animal, article, facility, or means of conveyance
that has been moved or handled by the owner in violation
of an agreement for the control and eradication of diseases
or pests or in violation of this subtitle;
(B) any progeny of any animal or article, which animal
or article has been moved or handled by the owner of
the animal or article in violation of this subtitle;
(C) any animal, article, or means of conveyance that
is refused entry under this subtitle; or
(D) any animal, article, facility, or means of conveyance
that becomes or has become affected with or exposed to
any pest or disease of livestock because of a violation
of an agreement for the control and eradication of diseases
or pests or a violation of this subtitle by the owner.
SEC. 10408. INSPECTIONS, SEIZURES, AND WARRANTS.
(a) GUIDELINES.—The activities authorized by this section shall
be carried out consistent with guidelines approved by the Attorney
General.
(b) WARRANTLESS INSPECTIONS.—The Secretary may stop and
inspect, without a warrant, any person or means of conveyance
moving—
(1) into the United States, to determine whether the person
or means of conveyance is carrying any animal or article regu-
lated under this subtitle;
(2) in interstate commerce, on probable cause to believe
that the person or means of conveyance is carrying any animal
or article regulated under this subtitle; or
(3) in intrastate commerce from any State, or any portion
of a State, quarantined under section 10407(b), on probable
cause to believe that the person or means of conveyance is
carrying any animal or article quarantined under section
10407(b).