H. R. 2646—396
with the Commission under this section shall be
considered an employee of the Commission.
(ii) PROHIBITION
ON
DISCLOSURE.—Information
obtained by the Commission, other than information
that is available to the public, shall not be disclosed
to any person in any manner except to an employee
of the Commission as described in clause (i), for the
purpose of receiving, reviewing, or processing the
information.
(d) COMMISSION PERSONNEL MATTERS.—
(1) MEMBERS.—
(A) COMPENSATION.—A member of the Commission
shall serve without compensation for the services of the
member on the Commission.
(B) TRAVEL EXPENSES.—A member of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an employee
of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular
place of business of the member in the performance of
the duties of the Commission.
(2) STAFF.—
(A) IN GENERAL.—The Chairperson of the Commission
may, without regard to the civil service laws (including
regulations), appoint and terminate the appointment of
an executive director and such other additional personnel
as are necessary to enable the Commission to perform
the duties of the Commission.
(B) CONFIRMATION
OF
EXECUTIVE
DIRECTOR.—The
employment of an executive director shall be subject to
confirmation by the Commission.
(C) COMPENSATION.—
(i) IN GENERAL.—Except as provided in clause (ii),
the Chairperson of the Commission may fix the com-
pensation of the executive director and other personnel
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates.
(ii) MAXIMUM RATE OF PAY.—The rate of pay for
the executive director and other personnel shall not
exceed the rate payable for level II of the Executive
Schedule under section 5316 of title 5, United States
Code.
(3) DETAIL OF FEDERAL GOVERNMENT EMPLOYEES.—
(A) IN GENERAL.—An employee of the Federal Govern-
ment may be detailed to the Commission, without
reimbursement, for such period of time as is permitted
by law.
(B) CIVIL SERVICE STATUS.—The detail of the employee
shall be without interruption or loss of civil service status
or privilege.
(4) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—The Chairperson of the Commission may procure tem-
porary and intermittent services in accordance with section
3109(b) of title 5, United States Code, at rates for individuals
that do not exceed the daily equivalent of the annual rate
H. R. 2646—397
of basic pay prescribed for level II of the Executive Schedule
under section 5316 of that title.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
such sums as are necessary to carry out this section.
(2) LIMITATION.—No payment may be made under sub-
section (d) except to the extent provided for in advance in
an appropriations Act.
(f) TERMINATION.—The Commission shall terminate on the date
that is 60 days after the date on which the Commission submits
the recommendations and report under subsection (b)(3).
SEC. 10808. PASTEURIZATION.
(a) PASTEURIZATION OF MEAT AND POULTRY.—
(1) IN
GENERAL.—Effective beginning not later than 30
days after the date of enactment of this Act, the Secretary
of Agriculture shall conduct an education program regarding
the availability and safety of processes and treatments that
eliminate or substantially reduce the level of pathogens on
meat, meat food products, poultry, and poultry products.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated such sums as are necessary to carry
out this subsection.
(b) PASTEURIZATION OF FOOD AS PASTEURIZED.—Section 403(h)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(h))
is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(3) a food that is pasteurized unless—
‘‘(A) such food has been subjected to a safe process
or treatment that is prescribed as pasteurization for such
food in a regulation promulgated under this Act; or
‘‘(B)(i) such food has been subjected to a safe process
or treatment that—
‘‘(I) is reasonably certain to achieve destruction
or elimination in the food of the most resistant micro-
organisms of public health significance that are likely
to occur in the food;
‘‘(II) is at least as protective of the public health
as a process or treatment described in subparagraph
(A);
‘‘(III) is effective for a period that is at least as
long as the shelf life of the food when stored under
normal and moderate abuse conditions; and
‘‘(IV) is the subject of a notification to the Sec-
retary, including effectiveness data regarding the
process or treatment; and
‘‘(ii) at least 120 days have passed after the date of
receipt of such notification by the Secretary without the
Secretary making a determination that the process or treat-
ment involved has not been shown to meet the require-
ments of subclauses (I) through (III) of clause (i).
H. R. 2646—398
For purposes of paragraph (3), a determination by the Secretary
that a process or treatment has not been shown to meet the require-
ments of subclauses (I) through (III) of subparagraph (B)(i) shall
constitute final agency action under such subclauses.’’.
SEC. 10809. RULEMAKING ON LABELING OF IRRADIATED FOOD; CER-
TAIN PETITIONS.
The Secretary of Health and Human Services (referred to in
this section as the ‘‘Secretary’’) shall publish a proposed rule and,
with due consideration to public comment, a final rule to revise,
as appropriate, the current regulation governing the labeling of
foods that have been treated to reduce pest infestation or pathogens
by treatment by irradiation using radioactive isotope, electronic
beam, or x-ray. Pending promulgation of the final rule required
by this subsection, any person may petition the Secretary for
approval of labeling, which is not false or misleading in any material
respect, of a food which has been treated by irradiation using
radioactive isotope, electronic beam, or x-ray. The Secretary shall
approve or deny such a petition within 180 days of receipt of
the petition, or the petition shall be deemed denied, except to
the extent additional agency review is mutually agreed upon by
the Secretary and the petitioner. Any denial of a petition under
this subsection shall constitute final agency action subject to judicial
review by the United States Court of Appeals for the District
of Columbia Circuit. Any labeling approved through the foregoing
petition process shall be subject to the provisions of the final rule
referred to in the first sentence of the subparagraph on the effective
date of such final rule.
SEC. 10810. PENALTIES FOR VIOLATIONS OF PLANT PROTECTION ACT.
Section 424 of the Plant Protection Act (7 U.S.C. 7734) is
amended by striking subsection (a) and inserting the following:
‘‘(a) CRIMINAL PENALTIES.—
‘‘(1) OFFENSES.—
‘‘(A) IN GENERAL.—A person that knowingly violates
this title, or knowingly forges, counterfeits, or, without
authority from the Secretary, uses, alters, defaces, or
destroys any certificate, permit, or other document provided
for in this title shall be fined under title 18, United States
Code, imprisoned not more than 1 year, or both.
‘‘(B) MOVEMENT.—A person that knowingly imports,
enters, exports, or moves any plant, plant product,
biological control organism, plant pest, noxious weed, or
article, for distribution or sale, in violation of this title,
shall be fined under title 18, United States Code, impris-
oned not more than 5 years, or both.
‘‘(2) MULTIPLE VIOLATIONS.—On the second and any subse-
quent conviction of a person of a violation of this title under
paragraph (1), the person shall be fined under title 18, United
States Code, imprisoned not more than 10 years, or both.’’.
SEC. 10811. PRECLEARANCE QUARANTINE INSPECTIONS.
(a) PRECLEARANCE INSPECTIONS REQUIRED.—The Secretary of
Agriculture, acting through the Administrator of the Animal and
Plant Health Inspection Service, shall conduct preclearance quar-
antine inspections of persons, baggage, cargo, and any other articles
destined for movement from the State of Hawaii to any of the
following—
H. R. 2646—399
(1) The continental United States.
(2) Guam.
(3) Puerto Rico.
(4) The United States Virgin Islands.
(b) INSPECTION
LOCATIONS.—The preclearance quarantine
inspections required by subsection (a) shall be conducted at all
direct departure and interline airports in the State of Hawaii.
(c) LIMITATION.—The Secretary shall not implement this section
unless appropriations for necessary expenses of the Animal and
Plant Health Inspection Service for inspection, quarantine, and
regulatory activities are increased by an amount not less than
$3,000,000 in an Act making appropriations for fiscal year 2003.
SEC. 10812. CONNECTICUT RIVER ATLANTIC SALMON COMMISSION.
Section 3(2) of Public Law 98–138 (Public Law 98–138; 97
Stat. 870) is amended by striking ‘‘twenty’’ and inserting ‘‘40’’.
SEC. 10813. PINE POINT SCHOOL.
Section 802(b)(2) of the No Child Left Behind Act of 2001
(Public Law 107–110) is amended by striking ‘‘2002’’ each place
it appears and inserting ‘‘2000’’.
SEC. 10814. 7-MONTH EXTENSION OF CHAPTER 12 OF TITLE 11 OF THE
UNITED STATES CODE.
(a) AMENDMENTS.—Section 149 of title I of division C of Public
Law 105–277 is amended—
(1) by striking ‘‘June 1, 2002’’ each place it appears and
inserting ‘‘January 1, 2003’’; and
(2) in subsection (a)—
(A) by striking ‘‘September 30, 2001’’ and inserting
‘‘May 31, 2002’’; and
(B) by striking ‘‘October 1, 2001’’ and inserting ‘‘June
1, 2002’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on June 1, 2002.
SEC. 10815. PRACTICES INVOLVING NONAMBULATORY LIVESTOCK.
(a) REPORT.—The Secretary of Agriculture shall investigate and
submit to Congress a report on—
(1) the scope of nonambulatory livestock;
(2) the causes that render livestock nonambulatory;
(3) the humane treatment of nonambulatory livestock; and
(4) the extent to which nonambulatory livestock may
present handling and disposition problems for stockyards,
market agencies, and dealers.
(b) AUTHORITY.—Based on the findings of the report, if the
Secretary determines it necessary, the Secretary shall promulgate
regulations to provide for the humane treatment, handling, and
disposition of nonambulatory livestock by stockyards, market agen-
cies, and dealers.
(c) ADMINISTRATION AND ENFORCEMENT.—For the purpose of
administering and enforcing any regulations promulgated under
subsection (b), the authorities provided under sections 10414 and
10415 shall apply to the regulations in a similar manner as those
sections apply to the Animal Health Protection Act. Any person
that violates regulations promulgated under subsection (b) shall
be subject to penalties provided in section 10414.
H. R. 2646—400
SEC. 10816. COUNTRY OF ORIGIN LABELING.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.) is amended by adding at the end the following:
‘‘Subtitle D—Country of Origin Labeling
‘‘SEC. 281. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) BEEF.—The term ‘beef’ means meat produced from
cattle (including veal).
‘‘(2) COVERED COMMODITY.—
‘‘(A) IN
GENERAL.—The term ‘covered commodity’
means—
‘‘(i) muscle cuts of beef, lamb, and pork;
‘‘(ii) ground beef, ground lamb, and ground pork;
‘‘(iii) farm-raised fish;
‘‘(iv) wild fish;
‘‘(v) a perishable agricultural commodity; and
‘‘(vi) peanuts.
‘‘(B) EXCLUSIONS.—The term ‘covered commodity’ does
not include an item described in subparagraph (A) if the
item is an ingredient in a processed food item.
‘‘(3) FARM-RAISED
FISH.—The term ‘farm-raised fish’
includes—
‘‘(A) farm-raised shellfish; and
‘‘(B) fillets, steaks, nuggets, and any other flesh from
a farm-raised fish or shellfish.
‘‘(4) FOOD SERVICE ESTABLISHMENT.—The term ‘food service
establishment’ means a restaurant, cafeteria, lunch room, food
stand, saloon, tavern, bar, lounge, or other similar facility oper-
ated as an enterprise engaged in the business of selling food
to the public.
‘‘(5) LAMB.—The term ‘lamb’ means meat, other than
mutton, produced from sheep.
‘‘(6) PERISHABLE
AGRICULTURAL
COMMODITY; RETAILER.—
The terms ‘perishable agricultural commodity’ and ‘retailer’
have the meanings given the terms in section 1(b) of the Perish-
able Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)).
‘‘(7) PORK.—The term ‘pork’ means meat produced from
hogs.
‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary
of Agriculture, acting through the Agricultural Marketing
Service.
‘‘(9) WILD FISH.—
‘‘(A) IN GENERAL.—The term ‘wild fish’ means natu-
rally-born or hatchery-raised fish and shellfish harvested
in the wild.
‘‘(B) INCLUSIONS.—The term ‘wild fish’ includes a fillet,
steak, nugget, and any other flesh from wild fish or shell-
fish.
‘‘(C) EXCLUSIONS.—The term ‘wild fish’ excludes net-
pen aquacultural or other farm-raised fish.
‘‘SEC. 282. NOTICE OF COUNTRY OF ORIGIN.
‘‘(a) IN GENERAL.—
H. R. 2646—401
‘‘(1) REQUIREMENT.—Except as provided in subsection (b),
a retailer of a covered commodity shall inform consumers, at
the final point of sale of the covered commodity to consumers,
of the country of origin of the covered commodity.
‘‘(2) UNITED STATES COUNTRY OF ORIGIN.—A retailer of a
covered commodity may designate the covered commodity as
having a United States country of origin only if the covered
commodity—
‘‘(A) in the case of beef, is exclusively from an animal
that is exclusively born, raised, and slaughtered in the
United States (including from an animal exclusively born
and raised in Alaska or Hawaii and transported for a
period not to exceed 60 days through Canada to the United
States and slaughtered in the United States);
‘‘(B) in the case of lamb and pork, is exclusively from
an animal that is exclusively born, raised, and slaughtered
in the United States;
‘‘(C) in the case of farm-raised fish, is hatched, raised,
harvested, and processed in the United States;
‘‘(D) in the case of wild fish, is—
‘‘(i) harvested in waters of the United States, a
territory of the United States, or a State; and
‘‘(ii) processed in the United States, a territory
of the United States, or a State, including the waters
thereof; and
‘‘(E) in the case of a perishable agricultural commodity
or peanuts, is exclusively produced in the United States.
‘‘(3) WILD
FISH
AND
FARM-RAISED
FISH.—The notice of
country of origin for wild fish and farm-raised fish shall distin-
guish between wild fish and farm-raised fish.
‘‘(b) EXEMPTION
FOR FOOD SERVICE ESTABLISHMENTS.—Sub-
section (a) shall not apply to a covered commodity if the covered
commodity is—
‘‘(1) prepared or served in a food service establishment;
and
‘‘(2)(A) offered for sale or sold at the food service establish-
ment in normal retail quantities; or
‘‘(B) served to consumers at the food service establishment.
‘‘(c) METHOD OF NOTIFICATION.—
‘‘(1) IN GENERAL.—The information required by subsection
(a) may be provided to consumers by means of a label, stamp,
mark, placard, or other clear and visible sign on the covered
commodity or on the package, display, holding unit, or bin
containing the commodity at the final point of sale to con-
sumers.
‘‘(2) LABELED COMMODITIES.—If the covered commodity is
already individually labeled for retail sale regarding country
of origin, the retailer shall not be required to provide any
additional information to comply with this section.
‘‘(d) AUDIT VERIFICATION SYSTEM.—The Secretary may require
that any person that prepares, stores, handles, or distributes a
covered commodity for retail sale maintain a verifiable record-
keeping audit trail that will permit the Secretary to verify compli-
ance with this subtitle (including the regulations promulgated under
section 284(b)).
‘‘(e) INFORMATION.—Any person engaged in the business of sup-
plying a covered commodity to a retailer shall provide information
H. R. 2646—402
to the retailer indicating the country of origin of the covered com-
modity.
‘‘(f) CERTIFICATION OF ORIGIN.—
‘‘(1) MANDATORY IDENTIFICATION.—The Secretary shall not
use a mandatory identification system to verify the country
of origin of a covered commodity.
‘‘(2) EXISTING
CERTIFICATION
PROGRAMS.—To certify the
country of origin of a covered commodity, the Secretary may
use as a model certification programs in existence on the date
of enactment of this Act, including—
‘‘(A) the carcass grading and certification system car-
ried out under this Act;
‘‘(B) the voluntary country of origin beef labeling
system carried out under this Act;
‘‘(C) voluntary programs established to certify certain
premium beef cuts;
‘‘(D) the origin verification system established to carry
out the child and adult care food program established under
section 17 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766); or
‘‘(E) the origin verification system established to carry
out the market access program under section 203 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623).
‘‘SEC. 283. ENFORCEMENT.
‘‘(a) IN GENERAL.—Except as provided in subsections (b) and
(c), section 253 shall apply to a violation of this subtitle.
‘‘(b) WARNINGS.—If the Secretary determines that a retailer
is in violation of section 282, the Secretary shall—
‘‘(1) notify the retailer of the determination of the Secretary;
and
‘‘(2) provide the retailer a 30-day period, beginning on
the date on which the retailer receives the notice under para-
graph (1) from the Secretary, during which the retailer may
take necessary steps to comply with section 282.
‘‘(c) FINES.—If, on completion of the 30-day period described
in subsection (b)(2), the Secretary determines that the retailer
has willfully violated section 282, after providing notice and an
opportunity for a hearing before the Secretary with respect to
the violation, the Secretary may fine the retailer in an amount
of not more than $10,000 for each violation.
‘‘SEC. 284. REGULATIONS.
‘‘(a) GUIDELINES.—Not later than September 30, 2002, the Sec-
retary shall issue guidelines for the voluntary country of origin
labeling of covered commodities based on the requirements of sec-
tion 282.
‘‘(b) REGULATIONS.—Not later than September 30, 2004, the
Secretary shall promulgate such regulations as are necessary to
implement this subtitle.
‘‘(c) PARTNERSHIPS WITH STATES.—In promulgating the regula-
tions, the Secretary shall, to the maximum extent practicable, enter
into partnerships with States with enforcement infrastructure to
assist in the administration of this subtitle.
‘‘SEC. 285. APPLICABILITY.
‘‘This subtitle shall apply to the retail sale of a covered com-
modity beginning September 30, 2004.’’.
H. R. 2646—403
Subtitle J—Miscellaneous Studies and
Reports
SEC. 10901. REPORT ON SPECIALTY CROP PURCHASES.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Agriculture shall submit to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
on the quantity and type of—
(1) fruits, vegetables, and other specialty food crops that
are purchased under section 10603; and
(2) other commodities that are purchased under section
32 of the Act of August 24, 1935 (7 U.S.C. 612c).
SEC. 10902. REPORT ON POUCHED AND CANNED SALMON.
(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall submit
to Congress a report on efforts to expand the promotion, marketing,
and purchasing of pouched and canned salmon harvested and proc-
essed in the United States under food and nutrition programs
administered by the Secretary.
(b) COMPONENTS.—The report under subsection (a) shall
include—
(1) an analysis of pouched and canned salmon inventories
in the United States that, as of the date on which the report
is submitted, are available for purchase;
(2) an analysis of the demand for pouched and canned
salmon and value-added products (such as salmon ‘‘nuggets’’)
by—
(A) partners of the Department of Agriculture
(including other appropriate Federal agencies); and
(B) consumers; and
(3) an analysis of impediments to additional purchases
of pouched and canned salmon, including—
(A) any marketing issues; and
(B) recommendations for methods to resolve those
impediments.
SEC. 10903. STUDY ON UPDATING YIELDS.
(a) IN GENERAL.—The Comptroller General shall conduct a
study and make findings and recommendations with respect to
determining how producer income would be affected by updating
yield bases, including—
(1) whether crop yields have increased over the past 20
crop years for program crops and oilseeds;
(2) whether program payments would be disbursed dif-
ferently under title I if yield bases were updated further;
(3) what impact the target prices under title I would have
on producer income if the yield bases of the target prices
were further updated; and
(4) what impact lower target prices with updated yield
bases would have on producer income, as compared with the
impact of target prices under title I.
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Comptroller General shall submit to Congress
H. R. 2646—404
a report on the study, findings, and recommendations required
by subsection (a).
SEC. 10904. REPORT ON EFFECT OF FARM PROGRAM PAYMENTS.
(a) IN GENERAL.—The Secretary of Agriculture shall conduct
a review of the effects that payments under production flexibility
contracts and market loss assistance payments have had, and that
direct payments and counter-cyclical payments are likely to have,
on the economic viability of producers and the farming infrastruc-
ture, particularly in areas where climate, soil types, and other
agronomic conditions severely limit the covered crops that producers
can choose to successfully and profitably produce.
(b) CASE STUDY RELATED TO RICE PRODUCTION.—The review
shall include a case study of the effects that the payments described
in subsection (a), and the forecast effects of increasing these or
other fixed payments, are likely to have on rice producers (including
tenant rice producers), the rice milling industry, and the economies
of rice farming areas in Texas, where harvested rice acreage has
fallen from 320,000 acres in 1995 to only 211,000 acres in 2001.
(c) REPORT AND RECOMMENDATIONS.—
(1) REPORT.—Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the information collected for the
review and the case study and any findings made on the basis
of the information.
(2) RECOMMENDATIONS.—The report shall include rec-
ommendations for minimizing the adverse effects on producers,
with a special focus on—
(A) producers who are tenants;
(B) the agricultural economies in farming areas gen-
erally;
(C) particular areas described in subsection (a); and
(D) on the area that is the subject of the case study
conducted under subsection (b).
SEC. 10905. CHILOQUIN DAM FISH PASSAGE FEASIBILITY STUDY.
(a) IN GENERAL.—The Secretary of the Interior, in collaboration
with all interested parties (including the Modoc Point Irrigation
District, the Klamath Tribes, and the Oregon Department of Fish
and Wildlife), shall conduct a study of the feasibility of providing
adequate upstream and downstream passage for fish at the
Chiloquin Dam on the Sprague River, Oregon.
(b) SUBJECTS.—The study shall include—
(1) a review of all alternatives for providing passage
described in subsection (a), including the removal of the dam;
(2) the determination of the most appropriate alternative;
(3) the development of recommendations for implementing
that alternative; and
(4) examination of mitigation needed for upstream and
downstream water users, and for Klamath tribal nonconsump-
tive uses, as a result of the implementation of the alternative.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall submit to Congress
a report that describes the findings, conclusions, and recommenda-
tions of the study.