[Congressional Record Volume 148, Number 13 (Wednesday, February 13, 2002)]
[Senate]
[Pages S747-S790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2858. Mr. ALLARD (for himself, Mr. Smith of New Hampshire, Mr. 
Gramm, Mr. Allen, Mr. Roberts, Mr. Cochran, Ms. Collins, and Mr. Lugar) 
submitted an amendment intended to be proposed to amendment SA 2688 
proposed by Mr. Dodd of the bill (S. 565) to establish the Commission 
on Voting Rights and Procedures to study and make recommendations 
regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; as follows:

       On page 68, between lines 2 and 3, insert the following:

              TITLE IV--UNIFORMED SERVICES ELECTION REFORM

     SEC. 401. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT 
                   UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 1606(a)(1) of the National Defense Authorization 
     Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 
     1278), is amended--
       (1) by striking ``Each State'' and inserting ``(a) In 
     General.--Each State''; and
       (2) by adding at the end the following:
       ``(b) Standards for Invalidation of Certain Ballots.--
       ``(1) In general.--A State may not refuse to count a ballot 
     submitted in an election for Federal office by an absent 
     uniformed services voter--
       ``(A) solely on the grounds that the ballot lacked--
       ``(i) a notarized witness signature;
       ``(ii) an address (other than on a Federal write-in 
     absentee ballot, commonly known as `SF186');
       ``(iii) a postmark if there are any other indicia that the 
     vote was cast in a timely manner; or
       ``(iv) an overseas postmark; or
       ``(B) solely on the basis of a comparison of signatures on 
     ballots, envelopes, or registration forms unless there is a 
     lack of reasonable similarity between the signatures.
       ``(2) No effect on filing deadlines under state law.--
     Nothing in this subsection may be construed to affect the 
     application to ballots submitted by absent uniformed services 
     voters of any ballot submission deadline applicable under 
     State law.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to ballots described in section 
     102(b) of the Uniformed and Overseas Citizens Absentee Voting 
     Act (as added by such subsection) that are submitted with 
     respect to elections that occur after the date of enactment 
     of this Act.

     SEC. 402. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED 
                   UNIFORMED SERVICES VOTERS TO THE POLLS.

       (a) In General.--Section 102(a) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), 
     as amended by section 401(a) of this Act and section 
     1606(a)(1) of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1278), is 
     amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(5) in addition to using the postcard form for the 
     purpose described in paragraph (4), accept and process any 
     otherwise valid voter registration application submitted by a 
     uniformed service voter for the purpose of voting in an 
     election for Federal office; and
       ``(6) permit each recently separated uniformed services 
     voter to vote in any election for which a voter registration 
     application has been accepted and processed under this 
     section if that voter--
       ``(A) has registered to vote under this section; and
       ``(B) is eligible to vote in that election under State 
     law.''.
       (b) Definitions.--Section 107 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is 
     amended--
       (1) by redesignating paragraphs (7) and (8) as paragraphs 
     (9) and (10), respectively;
       (2) by inserting after paragraph (6) the following new 
     paragraph:
       ``(7) The term `recently separated uniformed services 
     voter' means any individual who was a uniformed services 
     voter on the date that is 60 days before the date on which 
     the individual seeks to vote and who--
       ``(A) presents to the election official Department of 
     Defense form 214 evidencing their former status as such a 
     voter, or any other official proof of such status;
       ``(B) is no longer such a voter; and
       ``(C) is otherwise qualified to vote in that election.'';
       (3) by redesignating paragraph (10) (as redesignated by 
     paragraph (1)) as paragraph (11); and
       (4) by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) The term `uniformed services voter' means--
       ``(A) a member of a uniformed service in active service;
       ``(B) a member of the merchant marine; and
       ``(C) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to elections for Federal office that 
     occur after the date of enactment of this Act.

     SEC. 403. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND 
                   ABSENTEE BALLOT APPLICATIONS ON GROUNDS OF 
                   EARLY SUBMISSION.

       (a) In General.--Section 104 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-3), as amended 
     by section 1606(b) of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1279), is 
     amended by adding at the end the following new subsection:
       ``(e) Prohibition of Refusal of Applications on Grounds of 
     Early Submission.--A State may not refuse to accept or 
     process, with respect to any election for Federal office, any 
     otherwise valid voter registration application or absentee 
     ballot application (including the postcard form prescribed 
     under section 101) submitted by an absent uniformed services 
     voter during a year on the grounds that the voter submitted 
     the application before the first date on which the State 
     otherwise accepts or processes such applications for that 
     year submitted by absentee voters who are not members of the 
     uniformed services.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to elections for Federal office that 
     occur after the date of enactment of this Act.

     SEC. 404. DISTRIBUTION OF FEDERAL MILITARY VOTER LAWS TO THE 
                   STATES.

       Not later than the date that is 60 days after the date of 
     enactment of this Act, the Secretary of Defense (in this 
     section referred to as the ``Secretary''), as part of any 
     voting assistance program conducted by the Secretary, shall 
     distribute to each State (as defined in section 107 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-6) enough copies of the Federal military voting 
     laws (as identified by the Secretary) so that the State is 
     able to distribute a copy of such laws to each jurisdiction 
     of the State.

[[Page S748]]

     
                                  ____
  SA 2859. Mr. HARKIN (for himself and Mr. Lugar) proposed an amendment 
to amendment SA 2471 submitted by Mr. Daschle and intended to be 
proposed to the bill (S. 1731) to strengthen the safety net for 
agricultural producers, to enhance resource conservation and rural 
development, to provide for farm credit, agricultural research, 
nutrition, and related programs, to ensure consumers abundant food and 
fiber, and for other purposes; as follows:

       On page 12, line 22, strike ``mohair,''.
       On page 34, after line 19, add the following:

     SEC. 1____. PILOT PROGRAM FOR FARM COUNTER-CYCLICAL SAVINGS 
                   ACCOUNTS.

       Subtitle B of title I of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7211 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 119. PILOT PROGRAM FOR FARM COUNTER-CYCLICAL SAVINGS 
                   ACCOUNTS.

       ``(a) Definitions.--In this section:
       ``(1) Adjusted gross revenue.--The term `adjusted gross 
     revenue' means the adjusted gross income for all agricultural 
     enterprises of a producer in a year, excluding revenue earned 
     from nonagricultural sources, as determined by the 
     Secretary--
       ``(A) by taking into account gross receipts from the sale 
     of crops and livestock on all agricultural enterprises of the 
     producer, including insurance indemnities resulting from 
     losses in the agricultural enterprises;
       ``(B) by including all farm payments paid by the Secretary 
     for all agricultural enterprises of the producer, including 
     any marketing loan gains described in section 1001(3)(A) of 
     the Food Security Act of 1985 (7 U.S.C. 1308(3)(A));
       ``(C) by deducting the cost or basis of livestock or other 
     items purchased for resale, such as feeder livestock, on all 
     agricultural enterprises of the producer; and
       ``(D) as represented on--
       ``(i) a schedule F of the Federal income tax returns of the 
     producer; or
       ``(ii) a comparable tax form related to the agricultural 
     enterprises of the producer, as approved by the Secretary.
       ``(2) Agricultural enterprise.--The term `agricultural 
     enterprise' means the production and marketing of all 
     agricultural commodities (including livestock but excluding 
     tobacco) on a farm or ranch.
       ``(3) Average adjusted gross revenue.--The term `average 
     adjusted gross revenue' means--
       ``(A) the average of the adjusted gross revenue of a 
     producer for each of the preceding 5 taxable years; or
       ``(B) in the case of a beginning farmer or rancher or other 
     producer that does not have adjusted gross revenue for each 
     of the preceding 5 taxable years, the estimated income of the 
     producer that will be earned from all agricultural 
     enterprises for the applicable year, as determined by the 
     Secretary.
       ``(4) Producer.--The term `producer' means an individual or 
     entity, as determined by the Secretary for an applicable 
     year, that--
       ``(A) shares in the risk of producing, or provides a 
     material contribution in producing, an agricultural commodity 
     for the applicable year;
       ``(B) has a substantial beneficial interest in the 
     agricultural enterprise in which the agricultural commodity 
     is produced;
       ``(C)(i) during each of the preceding 5 taxable years, has 
     filed--
       ``(I) a schedule F of the Federal income tax returns; or
       ``(II) a comparable tax form related to the agricultural 
     enterprises of the individual or entity, as approved by the 
     Secretary; or
       ``(ii) is a beginning farmer or rancher or other producer 
     that does not have adjusted gross revenue for each of the 
     preceding 5 taxable years, as determined by the Secretary; 
     and
       ``(D)(i) has earned at least $50,000 in average adjusted 
     gross revenue over the preceding 5 taxable years;
       ``(ii) is a limited resource farmer or rancher, as 
     determined by the Secretary; or
       ``(iii) in the case of a beginning farmer or rancher or 
     other producer that does not have average adjusted gross 
     revenue for the preceding 5 taxable years, has at least 
     $50,000 in estimated income from all agricultural enterprises 
     for the applicable year, as determined by the Secretary.
       ``(b) Establishment.--For each of fiscal years 2003 through 
     2005, the Secretary shall establish a pilot program in 3 
     States (as determined by the Secretary) under which a 
     producer may establish a farm counter-cyclical savings 
     account in the name of the producer in a bank or financial 
     institution selected by the producer and approved by the 
     Secretary.
       ``(c) Content of Account.--A farm counter-cyclical savings 
     account shall consist of--
       ``(1) contributions of the producer; and
       ``(2) matching contributions of the Secretary.
       ``(d) Producer Contributions.--A producer may deposit such 
     amounts in the account of the producer as the producer 
     considers appropriate.
       ``(e) Matching Contributions.--
       ``(1) In general.--Subject to paragraphs (2) through (5), 
     the Secretary shall provide a matching contribution on the 
     amount deposited by the producer into the account.
       ``(2) Amount.--Subject to paragraph (3), the amount of a 
     matching contribution that the Secretary shall provide under 
     paragraph (1) shall be equal to 2 percent of the average 
     adjusted gross revenue of the producer.
       ``(3) Maximum contributions for individual producer.--The 
     amount of matching contributions that may be provided by the 
     Secretary for an individual producer under this subsection 
     shall not exceed $5,000 for any applicable fiscal year.
       ``(4) Maximum contributions for all producers in a State.--
     The total amount of matching contributions that may be 
     provided by the Secretary for all producers in a State under 
     this subsection shall not exceed $4,000,000 for each of 
     fiscal years 2003 through 2005.
       ``(5) Date for matching contributions.--The Secretary shall 
     provide the matching contributions required for a producer 
     under paragraph (1) as of the date that a majority of the 
     covered commodities grown by the producer are harvested.
       ``(f) Interest.--Funds deposited into the account may earn 
     interest at the commercial rates provided by the bank or 
     financial institution in which the Account is established.
       ``(g) Use.--Funds credited to the account--
       ``(1) shall be available for withdrawal by a producer, in 
     accordance with subsection (h); and
       ``(2) may be used for purposes determined by the producer.
       ``(h) Withdrawal.--
       ``(1) In general.--Subject to paragraph (2), in any year, a 
     producer may withdraw funds from the account in an amount 
     that is equal to--
       ``(A) 90 percent of average adjusted gross revenue of the 
     producer for the previous 5 years; minus
       ``(B) the adjusted gross revenue of the producer in that 
     year.
       ``(2) Retirement.--A producer that ceases to be actively 
     engaged in farming, as determined by the Secretary--
       ``(A) may withdraw the full balance from, and close, the 
     account; and
       ``(B) may not establish another account.
       ``(i) Administration.--The Secretary shall administer this 
     section through the Farm Service Agency and local, county, 
     and area offices of the Department of Agriculture.''.
       On page 37, strike lines 1 through 12 and insert the 
     following:
       ``(12) in the case of nongraded wool (including unshorn 
     pelts), $.40 per pound;
       ``(13) in the case of honey, $.60 per pound;
       ``(14) in the case of dry peas, $6.78 per hundredweight;
       ``(15) in the case of lentils, $12.79 per hundredweight;
       ``(16) in the case of large chickpeas, $17.44 per 
     hundredweight; and
       ``(17) in the case of small chickpeas, $8.10 per 
     hundredweight.
       On page 40, line 8, strike the closing quotation marks and 
     the following period.
       On page 40, after line 8, insert the following:
       ``(3) 2001 crop.--Notwithstanding paragraphs (1) and (2), 
     effective for the 2001 crop only, if a producer eligible for 
     a payment under this section loses beneficial interest in the 
     covered commodity, the producer shall be eligible for the 
     payment determined as of the date the producer lost 
     beneficial interest in the covered commodity, as determined 
     by the Secretary.''.

     SEC. 1____. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR 
                   GRAZED ACREAGE.

       (a) In General.--Subtitle C of title I of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7231 
     et seq.) is amended by adding at the end the following:

     ``SEC. 138. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR 
                   GRAZED ACREAGE.

       ``(a) In General.--For each crop of wheat, grain sorghum, 
     barley, and oats, in the case of the producers on a farm that 
     would be eligible for a loan deficiency payment under section 
     135 for wheat, grain sorghum, barley, or oats, but that 
     elects to use acreage planted to the wheat, grain sorghum, 
     barley, or oats for the grazing of livestock, the Secretary 
     shall make a payment to the producers on the farm under this 
     section if the producers on the farm enter into an agreement 
     with the Secretary to forgo any other harvesting of the 
     wheat, grain sorghum, barley, or oats on the acreage.
       ``(b) Payment Amount.--The amount of a payment made to the 
     producers on a farm under this section shall be equal to the 
     amount obtained by multiplying--
       ``(1) the loan deficiency payment rate determined under 
     section 135(c) in effect, as of the date of the agreement, 
     for the county in which the farm is located; by
       ``(2) the payment quantity obtained by multiplying--
       ``(A) the quantity of the grazed acreage on the farm with 
     respect to which the producers on the farm elect to forgo 
     harvesting of wheat, grain sorghum, barley, or oats; and
       ``(B) the payment yield for that contract commodity on the 
     farm.
       ``(c) Time, Manner, and Availability of Payment.--
       ``(1) Time and manner.--A payment under this section shall 
     be made at the same time and in the same manner as loan 
     deficiency payments are made under section 135.
       ``(2) Availability.--The Secretary shall establish an 
     availability period for the payment authorized by this 
     section that is consistent with the availability period for 
     wheat, grain sorghum, barley, and oats established by the 
     Secretary for marketing assistance loans authorized by this 
     subtitle.

[[Page S749]]

       ``(d) Prohibition on Crop Insurance or Noninsured Crop 
     Assistance.--The producers on a farm shall not be eligible 
     for insurance under the Federal Crop Insurance Act (7 U.S.C. 
     1501 et seq.) or noninsured crop assistance under section 196 
     with respect to a crop of wheat, grain sorghum, barley, or 
     oats planted on acreage that the producers on the farm elect, 
     in the agreement required by subsection (a), to use for the 
     grazing of livestock in lieu of any other harvesting of the 
     crop.''.
       On page 53, strike lines 5 through 8 and insert the 
     following:
       (b) Definition of Fluid Milk Processor.--Section 1999C(4) 
     of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6402(4)) is 
     amended by striking ``500,000 pounds of fluid milk products 
     in consumer-type packages per month'' and inserting 
     ``3,000,000 pounds of fluid milk products in consumer-type 
     packages per month (excluding products delivered directly to 
     the place of residence of a consumer)''.
       On page 59, line 2, strike ``Promotion'' and insert 
     ``Production''.
       On page 70, strike lines 4 through 9 and insert the 
     following:
       (h) Substitutability of Sugar.--Section 156 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7272) is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following:
       ``(i) Substitution of Refined Sugar.--For purposes of 
     Additional U.S. Note 6 to chapter 17 of the Harmonized Tariff 
     Schedule of the United States and the reexport programs and 
     polyhydric alcohol program administered by the Foreign 
     Agricultural Service of the Department of Agriculture, all 
     refined sugars (whether derived from sugar beets or 
     sugarcane) produced by cane sugar refineries and beet sugar 
     processors shall be fully substitutable for the export of 
     sugar under those programs.''.
       (i) Crops.--Subsection (j) of section 156 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7272) (as redesignated by subsection (h)(1)) is amended--
       (1) by striking ``(other than subsection (f))''; and
       (2) by striking ``2002'' and inserting ``2006''.
       On page 70, line 10, strike ``(i)'' and insert ``(j)''.
       On page 75, line 16, strike ``7251'' and insert ``7272''.
       On page 81, line 22, strike ``7251'' and insert ``7272''.
       On page 86, strike lines 8 through 11 and insert the 
     following:

       ``(III) Limitations.--The allotment for a new processor 
     under this clause shall not exceed--

       ``(aa) in the case of the first fiscal year of operation of 
     a new processor, 50,000 short tons (raw value); and
       ``(bb) in the case of each subsequent fiscal year of 
     operation of the new processor, a quantity established by the 
     Secretary in accordance with this clause and the criteria 
     described in clause (ii) or (iii), as applicable.

       ``(IV) New entrant states.--

       ``(aa) In general.--Notwithstanding subparagraphs (A) and 
     (C) of section 359c(e)(3), to accommodate an allocation under 
     subclause (I) to a new processor located in a new entrant 
     mainland State, the Secretary shall provide the new entrant 
     mainland State with an allotment.
       ``(bb) Effect on other allotments.--The allotment to any 
     new entrant mainland State shall be subtracted, on a pro rata 
     basis, from the allotments otherwise allotted to each 
     mainland State under section 359c(e)(3).

       ``(V) Adverse effects.--Before providing an initial 
     processor allocation or State allotment to a new entrant 
     processor or a new entrant State under this clause, the 
     Secretary shall take into consideration any adverse effects 
     that the provision of the allocation or allotment may have on 
     existing cane processors and producers in mainland States.
       ``(VI) Ability to market.--Consistent with section 359c and 
     this section, any processor allocation or State allotment 
     made to a new entrant processor or to a new entrant State 
     under this clause shall be provided only after the applicant 
     processor, or the applicable processors in the State, have 
     demonstrated the ability to process, produce, and market 
     (including the transfer or delivery of the raw cane sugar to 
     a refinery for further processing or marketing) raw cane 
     sugar for the crop year for which the allotment is 
     applicable.
       ``(VII) Prohibition.--Not more than 1 processor allocation 
     provided under this clause may be applicable to any 
     individual sugar processing facility.

       On page 86, line 20, strike ``or successor in interest,'' 
     and insert ``successor in interest, or any remaining 
     processor of an affiliated entity,''.
       On page 93, strike lines 3 through 7 and insert the 
     following:
       (2) Part VII of subtitle B of title III of the Agricultural 
     Adjustment Act of 1938 (as amended by subsection (a)) is 
     amended by inserting before section 359b (7 U.S.C. 1359bb) 
     the following:

     ``SEC. 359A. DEFINITIONS.

       On page 94, strike lines 6 through 8 and insert the 
     following:
       (4) Section 359j of the Agricultural Adjustment Act of 1938 
     (7 U.S.C. 1359jj) is amended--
       (A) in subsection (b), by striking ``sections 359a through 
     359i'' and inserting ``this part''; and
       (B) by striking subsection (c).
       On page 96, line 22, strike ``If,'' and insert ``Except as 
     provided in subparagraph (C), if,''.
       On page 97, between lines 10 and 11, insert the following:
       ``(C) Selection by producer.--If a county in which a 
     historical peanut producer described in subparagraph (A) is 
     located is declared a disaster area during 1 or more of the 4 
     crop years described in subparagraph (A), for the purposes of 
     determining the 4-year average yield for the historical 
     peanut producer, the historical peanut producer may elect to 
     substitute, for not more than 1 of the crop years during 
     which a disaster is declared--
       ``(i) the State 4-year average yield of peanuts produced in 
     the State; or
       ``(ii) the average yield for the historical peanut producer 
     determined by the Secretary under subparagraph (A).
       On page 97, lines 11 and 12, strike ``Except as provided in 
     paragraph (3), the'' and insert ``The''.
       Beginning on page 97, strike line 24 and all that follows 
     through page 98, line 12.
       Beginning on page 99, strike line 3 and all that follows 
     through page 100, line 2, and insert the following:
       ``(b) Assignment of Yield and Acres to Farms.--
       ``(1) Assignment by historical peanut producers.--For the 
     first crop year that begins after the date of enactment of 
     this section, the Secretary shall provide each historical 
     peanut producer in a State that produced a contract 
     commodity, or another agricultural commodity for which a 
     production adjustment program is carried out under the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.), 
     or was prevented from planting a contract commodity, or 
     another such agricultural commodity, during the 2001 crop 
     year with an opportunity to assign the average peanut yield 
     and average acreage determined under subsection (a) for the 
     historical peanut producer to cropland on a farm in the 
     State.
       ``(2) Assignment to cropland.--In the case of a historical 
     peanut producer on a farm that did not produce a contract 
     commodity, or another such agricultural commodity, and was 
     not prevented from planting a contract commodity or another 
     such agricultural commodity during the 2001 crop year, the 
     average peanut yield and average acreage determined under 
     subsection (a) shall be assigned to the cropland on the farm.
       ``(3) Payment yield.--The average of all of the yields 
     assigned by historical peanut producers to a farm shall be 
     considered to be the payment yield for the farm for the 
     purpose of making direct payments and counter-cyclical 
     payments under this chapter.
       ``(4) Peanut acres.--Subject to subsection (e), the total 
     number of acres assigned by historical peanut producers to a 
     farm shall be considered to be the peanut acres for the farm 
     for the purpose of making direct payments and counter-
     cyclical payments under this chapter.
       ``(c) Election.--In the case of the first crop year that 
     begins after the date of enactment of this subsection, a 
     historical peanut producer shall notify the Secretary of the 
     assignments described in subsection (b)(1) not later than 180 
     days after the date of enactment of this section.
       Beginning on page 103, line 24, through page 104, line 1, 
     strike ``12-month marketing year'' and insert ``marketing 
     season''.
       On page 104, lines 5 and 6, strike ``12-month marketing 
     year'' and insert ``marketing season''.
       On page 105, lines 16 and 17, strike ``6 months of the 
     marketing year'' and insert ``2 months of the marketing 
     season''.
       On page 122, between lines 10 and 11, insert the following:

     SEC. 1____. MARKETING ORDERS FOR CANEBERRIES.

       (a) In General.--Section 8c of the Agricultural Adjustment 
     Act (7 U.S.C. 608c), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended--
       (1) in subsection (2)(A), by inserting ``caneberries 
     (including raspberries, blackberries, and loganberries),'' 
     after ``other than pears, olives, grapefruit, cherries,''; 
     and
       (2) in subsection (6)(I), by striking ``tomatoes,,'' and 
     inserting ``tomatoes, caneberries (including raspberries, 
     blackberries, and loganberries),''.
       (b) Conforming Amendment.--Section 8e(a) of the 
     Agricultural Adjustment Act (7 U.S.C. 608e-l(a)), reenacted 
     with amendments by the Agricultural Marketing Agreement Act 
     of 1937, is amended in the first sentence by striking ``or 
     apples'' and inserting ``apples, or caneberries (including 
     raspberries, blackberries, and loganberries)''.

     SEC. 1____. RESERVE STOCK LEVEL.

       Section 301(b)(14)(C) of the Agricultural Adjustment Act of 
     1938 (7 U.S.C. 1301(b)(14)(C)) is amended--
       (1) in clause (i), by striking ``100,000,000'' and 
     inserting ``75,000,000''; and
       (2) in clause (ii), by striking ``15 percent'' and 
     inserting ``10 percent''.

     SEC. 1____. FARM RECONSTITUTIONS.

       (a) In General.--Section 316(a)(1)(A)(ii) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 
     1314b(a)(1)(A)(ii)) is amended by adding at the end the 
     following: ``Notwithstanding any other provision of law, for 
     the 2002 crop only, the Secretary shall allow special farm 
     reconstitutions, in lieu of lease and transfer of allotments 
     and quotas, under this section, in accordance with such 
     conditions as are established by the Secretary.''.

[[Page S750]]

       (b) Study.--
       (1) In general.--The Secretary of Agriculture shall conduct 
     a study on the effects on the limitation on producers to move 
     quota to a farm other than the farm to which the quota was 
     initially assigned under part I of subtitle B of title III of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et 
     seq.).
       (2) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report on the results of the study.
       On page 123, line 2, strike the closing quotation marks and 
     the following period.
       On page 123, between lines 2 and 3, insert the following:
       ``(f) Expenditure Limitation.--If the Secretary makes a 
     determination under subsection (e) that expenditures will 
     exceed allowable levels for any applicable reporting period 
     and notifies Congress of the Secretary's intent to make 
     adjustments to ensure that expenditures do not exceed 
     allowable levels, no expenditures under any program proposed 
     to be adjusted by the Secretary may be made after the date 
     that is 18 months after the date of the determination, unless 
     a joint resolution disapproving the adjustments is enacted by 
     both Houses of Congress within 60 days of the date of the 
     notification.
       ``(g) Annual Report on Domestic Support.--Not later than 
     April 30 of each year, 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--
       ``(1) estimated levels of domestic support for agricultural 
     commodities during the current marketing year and the 
     following marketing year;
       ``(2) the manner in which the Secretary intends to notify 
     the World Trade Organization of the estimated levels; and
       ``(3) proposed changes to domestic support programs subject 
     to reduction commitments made in the context of WTO trade 
     negotiations.''.
       On page 123, line 15, insert ``(a) In General.--'' before 
     ``Section''.
       On page 125, between lines 4 and 5, insert the following:
       (b) Sense of the Senate Concerning Purchases of 
     Cranberries.--
       (1) Findings.--Congress finds that--
       (A) the price per hundred pounds of cranberries has dropped 
     from approximately $70 to approximately $10;
       (B) the cost of producing cranberries is between $30 and 
     $35 per hundred pounds, which is much more than the price per 
     hundred pounds of cranberries for each of the past 2 years;
       (C) there is a serious economic crisis among cranberry 
     growers in the United States, especially in the States of 
     Wisconsin, Massachusetts, and New Jersey;
       (D) the Cranberry Marketing Committee has issued 2 
     marketing orders, but the marketing orders have not led to 
     higher prices;
       (E) although Congress directed the Secretary of Agriculture 
     to use $30,000,000 to purchase cranberries in fiscal year 
     2001, the price of cranberries has not risen significantly; 
     and
       (F) the cranberry industry faces a surplus of cranberries 
     and continuing low prices for cranberries.
       (2) Sense of the senate.--It is the sense of the Senate 
     that the Secretary of Agriculture should attempt to alleviate 
     the economic crisis among cranberry growers by continuing to 
     expend for each fiscal year for the purchase of cranberries 
     the same amount as the Secretary expended for fiscal year 
     2001.
       In Amendment No. 2826 (END02.085), on page 28, line 22, 
     strike ``404'' and insert ``741''.
       On page 128, between lines 8 and 9, insert the following:

     SEC. 1____. REPORTS ON EQUITABLE RELIEF AND MISACTION-
                   MISINFORMATION REQUESTS.

       Section 195 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (Public Law 104-127; 110 Stat. 946) is 
     amended to read as follows:

     ``SEC. 195. REPORTS ON EQUITABLE RELIEF AND MISACTION-
                   MISINFORMATION REQUESTS.

       ``(a) In General.--Not later than 90 days after the date of 
     enactment of the Agriculture, Conservation, and Rural 
     Enhancement Act of 2002 and not later than December 1 of 
     fiscal year 2003 and each subsequent fiscal year, 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--
       ``(1) the number of requests received by the Secretary 
     during the preceding fiscal year for equitable relief under 
     programs carried out by the Farm Service Agency and the 
     Natural Resources Conservation Service, including a 
     description (by program) of--
       ``(A) the number of requests received;
       ``(B) the number of requests approved by the Secretary; and
       ``(C) the basis for the approval or denial of the requests; 
     and
       ``(2) the number of requests received by the Secretary 
     during the preceding fiscal year for relief described in 
     section 326 of the Food and Agriculture Act of 1962 (7 U.S.C. 
     1339a) with respect to programs carried out under this title, 
     including a description (by program) of--
       ``(A) the number of requests received;
       ``(B) the number of requests approved by the Secretary; and
       ``(C) the basis for the approval or denial of the requests.
       ``(b) Appeals.--The Secretary, acting through the Director 
     of the National Appeals Division, shall include in each 
     report submitted under subsection (a) a description of 
     actions taken by the Division taken during the preceding 
     fiscal year with respect to requests for relief described in 
     subsection (a).''.

     SEC. 1____. ESTIMATES OF NET FARM INCOME.

       Title I of the Federal Agriculture Improvement and Reform 
     Act of 1996 (7 U.S.C. 7201 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 197. ESTIMATES OF NET FARM INCOME.

       ``In each issuance of projections of net farm income, the 
     Secretary shall include (as determined by the Secretary)--
       ``(1) an estimate of the net farm income earned by 
     commercial producers in the United States; and
       ``(2) an estimate of the net farm income attributable to 
     commercial producers of each of--
       ``(A) livestock;
       ``(B) loan commodities; and
       ``(C) agricultural commodities other than loan 
     commodities.''.

     SEC. 1____. COMMODITY CREDIT CORPORATION INVENTORY.

       Section 5 of the Commodity Credit Corporation Charter Act 
     (15 U.S.C. 714c) is amended in the last sentence by inserting 
     before the period at the end the following: ``(including, at 
     the option of the Corporation, the use of private sector 
     entities)''.

     SEC. 1____. AGRICULTURAL PRODUCERS SUPPLEMENTAL PAYMENTS AND 
                   ASSISTANCE.

       (a) In General.--The Secretary of Agriculture may use such 
     funds of the Commodity Credit Corporation as are necessary to 
     provide payments and assistance under Public Law 107-25 (115 
     Stat. 201) to persons that (as determined by the Secretary)--
       (1) are eligible to receive the payments or assistance; but
       (2) did not receive the payments or assistance prior to 
     October 1, 2001.
       (b) Limitation.--The amount of payments or assistance 
     provided under Public Law 107-25 and this section to an 
     eligible person described in subsection (a) shall not exceed 
     the amount of payments or assistance the person would have 
     been eligible to receive under Public Law 107-25.

               Subtitle E--Payment Limitation Commission

     SEC. 1____1. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``Commission on the Application of Payment 
     Limitations for Agriculture'' (referred to in this subtitle 
     as the ``Commission'').
       (b) Membership.--
       (1) Composition.--
       (A) In general.--The Commission shall be composed of 11 
     members appointed as follows:
       (i) 3 members shall be appointed by the President, of whom 
     2 shall be from land grant colleges or universities and have 
     expertise in agricultural economics.
       (ii) 1 member shall be appointed by the Majority Leader of 
     the Senate.
       (iii) 1 member shall be appointed by the Minority Leader of 
     the Senate.
       (iv) 1 member shall be appointed by the Speaker of the 
     House of Representatives.
       (v) 1 member shall be appointed by the Minority Leader of 
     the House of Representatives.
       (vi) 1 member shall be appointed by the Chairman of the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate.
       (vii) 1 member shall be appointed by the ranking minority 
     member of the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate.
       (viii) 1 member shall be appointed by the Chairman of the 
     Committee on Agriculture of the House of Representatives.
       (ix) 1 member shall be appointed by the ranking minority 
     member of the Committee on Agriculture of the House of 
     Representatives.
       (B) Diversity of views.--The appointing authorities under 
     subparagraph (A) shall seek to ensure that the membership of 
     the Commission has a diversity of experiences and expertise 
     on the issues to be studied by the Commission, such as 
     agricultural production, agricultural lending, farmland 
     appraisal, agricultural accounting and finance, and other 
     relevant areas.
       (2) Federal government employment.--The membership of the 
     Commission may include 1 or more employees of the Department 
     of Agriculture or other Federal agencies.
       (3) Date of appointments.--The appointment of a member of 
     the Commission shall be made not later than 60 days after the 
     date of enactment of this Act.
       (c) Term; Vacancies.--
       (1) Term.--A member shall be appointed for the life of the 
     Commission.
       (2) Vacancies.--A vacancy on the Commission--
       (A) shall not affect the powers of the Commission; and
       (B) shall be filled in the same manner as the original 
     appointment was made.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (e) Meetings.--The Commission shall meet--
       (1) on a regular basis, as determined by the Chairperson; 
     and

[[Page S751]]

       (2) at the call of the Chairperson or a majority of the 
     members of the Commission.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for the transaction of business, 
     but a lesser number of members may hold hearings.
       (g) Chairperson.--The Secretary shall appoint 1 of the 
     members of the Commission to serve as Chairperson of the 
     Commission.

     SEC. 1____2. DUTIES.

       (a) Comprehensive Review.--The Commission shall conduct a 
     comprehensive review of--
       (1) the laws (including regulations) that apply or fail to 
     apply payment limitations to agricultural commodity and 
     conservation programs administered by the Secretary;
       (2) the impact that failing to apply effective payment 
     limitations has on--
       (A) the agricultural producers that participate in the 
     programs;
       (B) overproduction of agricultural commodities;
       (C) the prices that agricultural producers receive for 
     agricultural commodities in the marketplace; and
       (D) land prices and rental rates;
       (3) the feasibility of improving the application and 
     effectiveness of payment limitation requirements, including 
     the use of commodity certificates and the forfeiture of loan 
     collateral; and
       (4) alternatives to payment limitation requirements in 
     effect on the date of enactment of this Act that would apply 
     meaningful limitations to improve the effectiveness and 
     integrity of the requirements.
       (b) Recommendations.--In carrying out the review under 
     subsection (a), the Commission shall develop specific 
     recommendations for modifications to applicable legislation 
     and regulations that would improve payment limitation 
     requirements.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     President, the Committee on Agriculture of the House of 
     Representatives, and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report containing the results of 
     the review conducted, and any recommendations developed, 
     under this section.

     SEC. 1____3. POWERS.

       (a) Hearings.--The Commission may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this subtitle.
       (b) Information From Federal Agencies.--
       (1) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this subtitle.
       (2) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the agency shall 
     provide the information to the Commission.
       (c) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (d) Assistance From Secretary.--The Secretary may provide 
     to the Commission appropriate office space and such 
     reasonable administrative and support services as the 
     Commission may request.

     SEC. 1____4. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--
       (1) Non-federal employees.--A member of the Commission who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (2) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (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.

     SEC. 1____5. FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to the Commission or any proceeding of the 
     Commission.

     SEC. 1____6. FUNDING.

       Of the funds of the Commodity Credit Corporation, the 
     Secretary shall use not more than $100,000 to carry out this 
     subtitle.

     SEC. 1____7. TERMINATION OF COMMISSION.

       The Commission shall terminate on the day after the date on 
     which the Commission submits the report of the Commission 
     under section 1____2(c).
       On page 129, line 14, strike ``an producer'' and insert ``a 
     producer''.
       Beginning on page 130, strike line 22 and all that follows 
     through page 131, line 2.
       On page 131, line 3, strike ``(9)'' and insert ``(8)''.
       On page 131, line 7, strike ``(10)'' and insert ``(9)''.
       On page 131, line 20, strike ``(11)'' and insert ``(10)''.
       On page 132, line 10, strike ``(12)'' and insert ``(11)''.
       On page 132, line 13, strike ``(13)'' and insert ``(12)''.
       On page 133, line 4, strike ``(14)'' and insert ``(13)''.
       On page 133, line 12, strike ``(15)'' and insert ``(14)''.
       On page 133, line 20, strike ``(16)'' and insert ``(15)''.
       On page 133, line 23, strike ``(17)'' and insert ``(16)''.
       On page 134, line 3, strike ``(18)'' and insert ``(17)''.
       On page 134, line 7, strike ``(19)'' and insert ``(18)''.
       On page 134, line 11, strike ``(20)'' and insert ``(19)''.
       On page 134, line 15, strike ``(21)'' and insert ``(20)''.
       On page 134, line 19, strike ``(22)'' and insert ``(21)''.
       On page 138, line 13, strike ``to eligible'' and insert 
     ``to all eligible''.
       On page 140, line 24, insert ``or update existing 
     technologies and practices'' before the period.
       On page 141, line 1, strike ``State and local'' and insert 
     ``State, tribal, and local''.
       On page 141, lines 7 and 8, strike ``State and'' and insert 
     ``State or Indian tribe and''.
       On page 141, line 11, insert ``, Indian tribe,'' after 
     ``State''.
       On page 141, strike lines 13 through 18 and insert the 
     following:
       ``(i)(I) determined by the State conservationist, in 
     consultation with the State technical committee established 
     under subtitle G and the local subcommittee of the State 
     technical committee; and
       ``(II) approved by the Secretary; and
       ``(ii) in the case of land under the jurisdiction of an 
     Indian tribe--

       ``(I) determined by the Indian tribe, after consultation 
     with the Secretary; and
       ``(II) approved by the Secretary.

       On page 142, line 5, strike ``at least'' anbd include ``in 
     addition to (c)(1)(c)''.
       On page 148, line 11, insert ``management of'' before 
     ``conservation''.
       On page 151, line 9, insert ``for the entire agricultural 
     operation'' before the semicolon.
       On page 151, line 11, insert ``management of'' before 
     ``conservation''.
       On page 152, line 1, insert ``and requirements'' after 
     ``practices''.
       On page 152, line 2, insert ``and requirements'' after 
     ``practices''.
       On page 153, line 8, insert ``as described in subsection 
     (b)(2)(B)'' before the period.
       On page 154, line 2, insert ``management of'' before 
     ``conservation''.
       On page 155, strike lines 15 through 20 and insert the 
     following:
       ``(A)(i) determined by the State conservationist, in 
     consultation with the State technical committee established 
     under subtitle G and the local subcommittee of the State 
     technical committee; and
       ``(ii) approved by the Secretary; and
       ``(B) in the case of land under the jurisdiction of an 
     Indian tribe--
       ``(i) determined by the Indian tribe, after consultation 
     with the Secretary; and
       ``(ii) approved by the Secretary.
       On page 160, line 7, strike ``the'' and insert 
     ``applicable''.
       On page 166, line 9, strike ``purposes'' and insert 
     ``objectives''.
       On page 166, line 15, insert ``local'' before 
     ``conservation''.
       On page 176, strike lines 8 through 14 and insert the 
     following:
       ``(h) Conservation Security State Program.--
       ``(1) In general.--Effective October 1, 2004, the 
     Secretary, in cooperation with appropriate State agencies, 
     may permit 1 State to jointly implement a conservation 
     security program with the Secretary.
       On page 177, line 13, insert ``, education and outreach, 
     and monitoring and evaluation'' after ``assistance''.
       On page 177, line 21, insert after ``subtitle to'' the 
     following: ``enter into agreements with State and local 
     agencies , Indian tribes, and nongovernmental and to''.
       On page 178, line 6, insert ``or tribal'' after ``State''.
       On page 178, line 9, insert ``or tribal'' after ``State''.
       On page 178, line 11, strike ``or''.
       On page 178, between lines 13 and 14, insert the following:
       ``(iv) other Federal, State, tribal, or local laws; or
       On page 178, line 18, strike ``or multi-State'' and insert 
     ``, multistate, or tribal''.
       On page 181, strike lines 9 through 11 and insert the 
     following:
       ``(4) Purposes of special projects.--The purposes of 
     special projects carried out under this section shall be to 
     encourage--
       Beginning on page 186, strike line 22 and all that follows 
     through page 190, line 24, and insert the following:
       ``(f) Technical Assistance.--
       ``(1) In general.--Under any conservation program 
     administered by the Secretary, subject to paragraph (2), 
     technical assistance provided by persons certified under 
     paragraph (3) (including farmers and ranchers) may include--
       ``(A) conservation planning;
       ``(B) design, installation, and certification of 
     conservation practices;
       ``(C) conservation training for producers; and
       ``(D) such other conservation activities as the Secretary 
     determines to be appropriate.

[[Page S752]]

       ``(2) Outside assistance.--
       ``(A) In general.--The Secretary may contract directly with 
     qualified persons not employed by the Department to provide 
     conservation technical assistance.
       ``(B) Payment by secretary.--Subject to subparagraph (C), 
     the Secretary may provide a payment to an owner, operator, or 
     producer enrolled in a conservation program administered by 
     the Secretary if the owner, operator, or producer elects to 
     obtain technical assistance from a person certified to 
     provide technical assistance under this subsection.
       ``(C) Nonprivate providers.--In determining whether to 
     provide a payment under subparagraph (B) to a nonprivate 
     provider, the Secretary shall provide a payment if the 
     provision of the payment would result in an increase in the 
     total amount of technical assistance available to producers, 
     as determined by the Secretary.
       ``(3) Certification of providers of technical assistance.--
       ``(A) Procedures.--
       ``(i) In general.--The Secretary shall establish procedures 
     for certifying persons not employed by the Department to 
     provide technical assistance in planning, designing, or 
     certifying activities to participate in any conservation 
     program administered by the Secretary to agricultural 
     producers and landowners participating, or seeking to 
     participate, in conservation programs administered by the 
     Secretary.
       ``(ii) Non-federal assistance.--The Secretary may request 
     the services of, and enter into a cooperative agreement with, 
     a State water quality agency, State fish and wildlife agency, 
     State forestry agency, State conservation agency or 
     conservation district, or any other governmental or 
     nongovernmental organization or person considered appropriate 
     by the Secretary to assist in providing the technical 
     assistance necessary to develop and implement conservation 
     plans under this title.
       ``(B) Equivalence.--The Secretary shall ensure that new 
     certification programs of the Department for providers of 
     technical assistance meet or exceed the testing and 
     continuing education standards of any certification program 
     that establishes nationally recognized and accepted standards 
     for training, testing, and other professional qualifications.
       ``(C) Standards.--The Secretary shall establish standards 
     for the conduct of--
       ``(i) the certification process conducted by the Secretary; 
     and
       ``(ii) periodic recertification by the Secretary of 
     providers.
       ``(D) Certification required.--
       ``(i) In general.--A provider may not provide to any 
     producer technical assistance described in paragraph 
     (3)(A)(i) unless the provider is certified by the Secretary.
       ``(ii) Waiver.--The Secretary may exempt a provider from 
     any requirement of this subparagraph if the Secretary 
     determines that the provider has been certified or 
     recertified to provide technical assistance through a program 
     the standards of which meet or exceed standards established 
     by the Secretary under subparagraph (C).
       ``(E) Fee.--
       ``(i) In general.--In exchange for certification or 
     recertification, a provider shall pay a fee to the Secretary 
     in an amount determined by the Secretary.
       ``(ii) Account.--A fee paid to the Secretary under clause 
     (i) shall be--

       ``(I) credited to the account in the Treasury that incurs 
     costs relating to implementing this subsection; and
       ``(II) made available to the Secretary for use for 
     conservation programs administered by the Secretary, without 
     further appropriation, until expended.

       ``(iii) Waiver.--The Secretary may waive any requirement of 
     any provider to pay a fee under this subparagraph if the 
     provider qualifies for a waiver under subparagraph (D)(ii).
       ``(F) Technical assistance advisory council.--
       ``(i) Purpose.--The Secretary shall establish a technical 
     assistance advisory council (referred to in this subparagraph 
     as the `advisory council') to advise the Secretary with 
     respect to the management of certification programs for the 
     provision of technical assistance for third party providers.
       ``(ii) Membership.--The membership of the advisory council 
     shall include--

       ``(I) representatives of the Federal Government and 
     appropriate State and local governments; and
       ``(II) not more than 20 additional members that represent 2 
     or more of the following:

       ``(aa) Agricultural producers.
       ``(bb) Agricultural industries.
       ``(cc) Wildlife and environmental entities.
       ``(dd) A minimum of 6 professional societies and 
     organizations.
       ``(ee) Such other entities (the representation of which on 
     the advisory council shall not exceed 4 members) as the 
     Secretary determines would contribute to the work of the 
     advisory council.
       ``(iii) Responsibilities.--The advisory council shall 
     advise the Secretary with respect to--

       ``(I) appropriate standards for certification;
       ``(II) the status of third party certification programs;
       ``(III) cases in which waivers for certification, 
     recertification and payment of fees should be allowed;
       ``(IV) periodic reviews of certification program; and
       ``(V) guidelines for penalties and disciplinary actions for 
     violation of certification requirements.

       ``(iv) Meetings.--

       ``(I) Initial meeting.--Not later than 30 days after the 
     date on which all members of the advisory council have been 
     appointed, the advisory council shall hold the initial 
     meeting of advisory council.
       ``(II) Subsequent meetings.--The Secretary shall require 
     the advisory council to meet as needed.

       ``(v) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subparagraph 
     such sums as are necessary for each of fiscal years 2002 
     through 2006.
       ``(4) Effect on implementation.--Nothing in this subsection 
     shall prohibit or impede the expeditious implementation of 
     the provision of third-party technical assistance under this 
     title.
       ``(5) Other requirements.--The Secretary may establish such 
     other requirements as the Secretary determines are necessary 
     to carry out this subsection.
       On page 191, strike lines 19 through 21 and insert the 
     following:
       ``(i) provided to the Secretary or a contractor of the 
     Secretary (including information provided under subtitle D) 
     for the purpose of providing
       On page 192, line 3, insert ``(within the meaning of 
     section 552(b)(4) of title 5, United States Code)'' after 
     ``proprietary''.
       On page 192, lines 7 and 8, strike ``compiled by the 
     Secretary, such as a list of'' and insert ``regarding''.
       On page 193, strike lines 1 through 5 and insert the 
     following:
     and producers, and to maintain the integrity of each unit at 
     which primary sampling for data gathering is carried out by 
     the National Resources Inventory (referred to in this 
     subsection as a `data gathering site'), the specific 
     geographic locations of data gathering sites, and the 
     information generated by the data gathering sites--
       On page 194, strike lines 3 and 4 and insert the following:
     collecting information from data gathering sites.
       On page 194, line 14, strike ``National Resources 
     Inventory''.
       On page 194, lines 20 and 21, strike ``that does not allow 
     the identification of'' and insert ``without naming''.
       On page 195, between lines 19 and 20, insert the following:
       ``(5) Data collection, disclosure, and review.--Nothing in 
     this subsection--
       ``(A) affects any procedure for data collection or 
     disclosure through the National Resources Inventory; or
       ``(B) limits the authority of Congress or the General 
     Accounting Office to review information collected or 
     disclosed under this subsection.
       On page 197, line 5, strike ``and'' at the end.
       On page 197, line 13, strike the period at the end and 
     insert ``; and''.
       On page 197, between lines 13 and 14, insert the following:
       (4) improving the regional distribution of program funds 
     and resources to ensure, to the maximum extent practicable, 
     that--
       (A) the highest conservation priorities of the United 
     States receive funding; and
       (B) regional variations in conservation costs are taken 
     into account.
       Beginning on page 205, strike line 12 and all that follows 
     through page 206, line 16, and insert the following:
       (d) Duration of Contracts; Hardwood Trees.--Section 1231(e) 
     of the Food Security Act of 1985 (16 U.S.C. 3831(e)) is 
     amended--
       (1) in paragraph (1), by striking ``For the purpose: and 
     inserting ``Except as provided in paragraph (2)(D), for the 
     purpose'';
       (2) in paragraph (2)--
       (A) by striking ``In the'' and inserting the following:
       ``(A) In general.--In the'';
       (B) by striking ``The Secretary'' and inserting the 
     following:
       ``(B) Existing hardwood tree contracts.--The Secretary''; 
     and
       (C) by adding at the end the following:
       ``(C) Extension of hardwood tree contracts.--
       ``(i) In general.--In the case of land devoted to hardwood 
     trees under a contract entered into under this subchapter 
     before the date of enactment of this subparagraph, the 
     Secretary may extend the contract for a term of not more than 
     15 years.
       ``(ii) Rental payments.--The amount of a rental payment for 
     a contract extended under clause (i)--

       ``(I) shall be determined by the Secretary; but
       ``(II) shall not exceed 50 percent of the rental payment 
     that was applicable to the contract before the contract was 
     extended.

       ``(D) New hardwood tree contracts.--
       ``(i) In general.--The Secretary may enter into contracts 
     of not less than 10, nor more than 30, years with owners of 
     land intended to be devoted to hardwood trees after the date 
     of enactment of this paragraph.
       ``(ii) Payments.--The Secretary shall make payments under a 
     contract described in clause (i)--

       ``(I) on an annual basis; and
       ``(II) at such an appropriate rate and in such appropriate 
     amounts as the Secretary shall determine in accordance with 
     subparagraph (C)(ii).

       ``(E) Hardwood planning goal.--The Secretary shall take 
     such steps as the Secretary determines are necessary to 
     ensure, to the

[[Page S753]]

     maximum extent practicable, that all hardwood tree sites 
     annually enrolled in the conservation reserve program are 
     reforested with appropriate species.''; and
       (3) by adding at the end the following:
       ``(3) 1-year extension.--In the case of a contract 
     described in paragraph (1) the term of which expires during 
     calendar year 2002, an owner or operator of land enrolled 
     under the contract may extend the contract for 1 additional 
     year.''.
       On page 213, strike line 10 and insert the following:
       (l) Study on Economic Effects.--
       (1) In general.--Not later than
       On page 213, line 15, insert ``and social'' after 
     ``economic''.
       On page 213, between lines 19 and 20, insert the following:
       (2) Components.--The study under paragraph (1) shall 
     include analyses of--
       (A) the impact that enrollments in the conservation reserve 
     program described in that paragraph have on rural businesses, 
     civic organizations, and community services (such as schools, 
     public safety, and infrastructure), particularly in 
     communities with a large percentage of whole farm 
     enrollments;
       (B) the effect that those enrollments have on rural 
     population and beginning farmers (including a description of 
     any connection between the rate of enrollment and the 
     incidence of absentee ownership); and
       (C)(i) the manner in which differential per acre payment 
     rates potentially impact the types of land (by productivity) 
     enrolled;
       (ii) changes to the per acre payment rates that may affect 
     that impact; and
       (iii) the manner in which differential per acre payment 
     rates could facilitate retention of productive agricultural 
     land in agriculture.
       On page 214, line 15, insert ``tribal,'' after ``State,''.
       On page 214, line 22, insert ``tribal,'' after ``State,''.
       On page 217, line 23, insert ``or improved'' after ``new''.
       On page 218, line 1, insert ``or facilitates'' after 
     ``complements''.
       On page 220, lines 24 and 25, strike ``facility,'' and 
     insert ``facility (including a methane recovery system),''.
       On page 222, line 9, insert ``tribal,'' after ``State,''.
       On page 230, line 17, strike ``(a) In General.--''.
       On page 231, line 1, insert ``tribal,'' after ``State,''.
       On page 231, line 7, insert ``prevention and control'' 
     after ``soil erosion''.
       On page 231, line 14, strike ``State'' and insert ``State, 
     tribal,''.
       On page 234, between lines 6 and 7, insert the following:
       ``(c) Avoidance of Resource Degradation.--In carrying out 
     the program, the Secretary shall avoid, to the maximum 
     practicable, any practices that would have a significant 
     adverse effect on ecologically sensitive areas (including 
     wetland), as determined by the Secretary.
       On page 234, line 21, insert ``tribal,'' after ``State,''.
       On page 236, strike lines 6 through 10 and insert the 
     following:
       ``(D) reducing negative effects on watersheds, including 
     through the significant reduction in nutrient applications, 
     as determined by the Secretary; and
       On page 238, strike lines 17 and 18 and insert the 
     following:
       ``(C) other educational institutions;
       ``(D) State cooperative extension services; and
       ``(E) private organizations.
       On page 238, line 21, strike ``1241(b)(1)'' and insert 
     ``1241(b)''.
       Beginning on page 240, strike line 5 and all that follows 
     through page 241, line 11, and insert the following:
       ``(b) Nutrient Reduction Pilot Program.--
       ``(1) Definition of chesapeake executive council.--In this 
     subsection, the term `Chesapeake Executive Council' means the 
     Federal-State council--
       ``(A) comprised of--
       ``(i) the mayor of the District of Columbia;
       ``(ii) the Governors of the States of Maryland, 
     Pennsylvania, and Virginia;
       ``(iii) the Administrator of the Environmental Protection 
     Agency; and
       ``(iv) the Chair of the Chesapeake Bay Commission; and
       ``(B) charged with the policy leadership, coordination, and 
     implementation of the region-wide Chesapeake Bay Program 
     restoration effort.
       ``(2) Program.--For each of fiscal years 2003 through 2006, 
     the Secretary shall use funds made available to carry out the 
     program, in the amounts specified in paragraph (5), in the 
     Chesapeake Bay watershed to provide incentive payments to 
     producers to--
       ``(A) reduce nutrient loads to the Chesapeake Bay; and
       ``(B) achieve the goals of the Chesapeake Executive 
     Council.
       ``(3) Priority; measurement; payments.--In carrying out 
     paragraph (2), the Secretary shall--
       ``(A) give priority to nutrient reduction techniques that 
     reduce nutrient applications rates to a level that is 
     substantially below the level recommended in a best 
     management practice (as identified by the Secretary);
       ``(B) measure any reduction in nutrient application rates 
     by an appropriate indicator of actual performance (such as 
     the level of nutrients applied or fixed in excess of crop 
     removal); and
       ``(C) increase the amount of an incentive payment to a 
     producer to reflect superior performance by the producer.
       ``(4) Partnerships.--The Secretary shall carry out this 
     subsection in partnership with--
       ``(A) State governments;
       ``(B) nonprofit organizations approved by the Secretary; 
     and
       ``(C) State colleges and universities.
       ``(5) Funding.--
       ``(A) In general.--Of the amounts made available under 
     section 1241(b) to carry out the program, the Secretary shall 
     use to carry out this subsection--
       ``(i) $10,000,000 for fiscal year 2003;
       ``(ii) $15,000,000 for fiscal year 2004;
       ``(iii) $20,000,000 for fiscal year 2005;
       ``(iv) $25,000,000 for fiscal year 2006; and
       ``(v) $0 for fiscal year 2007.
       ``(B) Unexpended funds.--Any funds made available for a 
     fiscal year under subparagraph (A) that are not obligated by 
     April 1 of the fiscal year shall be used to carry out other 
     activities under this chapter.
       On page 243, line 15, strike ``$850,00,000'' and insert 
     ``$850,000,000''.
       On page 259, strike lines 6 through 9 and insert the 
     following:
     a resource conservation and use plan developed through a 
     planning process by a council for a designated area of 1 or 
     more States, or of land under the jurisdiction of an Indian 
     tribe, that includes 1 or more of the following elements:
       On page 260, line 24, insert ``, including the production 
     of energy crops'' after ``conservation''.
       On page 271, line 18, insert ``(including aquatic 
     habitat)'' after ``habitat''.
       On page 272, line 25, strike ``$375,000'' and insert 
     ``$355,000,000''.
       On page 273, line 1, strike ``$50,000'' and insert 
     ``$50,000,000''.
       On page 277, line 10, insert ``tribal,'' after ``State,''.
       On page 283, line 5, strike the closing quotation marks and 
     the following period.
       On page 283, between lines 5 and 6, insert the following:

     ``SEC. 1240Q. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.

       ``(a) In General.--The Secretary shall establish a national 
     grassroots water protection program to more effectively use 
     onsite technical assistance capabilities of each State rural 
     water association that, as of the date of enactment of this 
     section, operates a wellhead or groundwater protection 
     program in the State.
       ``(b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2002 through 2006.''.
       Beginning on page 283, strike line 9 and all that follows 
     through page 288, line 9, and insert the following:

     SEC. 2____. FARMLAND PROTECTION PROGRAM.

       (a) In General.--Chapter 2 of the Food Security Act of 1985 
     (as added by section 2____) is amended by adding at the end 
     the following:

              ``Subchapter B--Farmland Protection Program

     ``SEC. 1238H. DEFINITIONS.

       ``In this subchapter:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) any agency of any State or local government or an 
     Indian tribe (including a farmland protection board or land 
     resource council established under State law); or
       ``(B) any organization that--
       ``(i) is organized for, and at all times since the 
     formation of the organization has been operated principally 
     for, 1 or more of the conservation purposes specified in 
     clause (i), (ii), or (iii) of section 170(h)(4)(A) of the 
     Internal Revenue Code of 1986;
       ``(ii) is an organization described in section 501(c)(3) of 
     that Code that is exempt from taxation under section 501(a) 
     of that Code;
       ``(iii) is described in section 509(a)(2) of that Code; or
       ``(iv) is described in section 509(a)(3), and is controlled 
     by an organization described in section 509(a)(2), of that 
     Code.
       ``(2) Eligible land.--
       ``(A) In general.--The term `eligible land' means land on a 
     farm or ranch that--
       ``(i)(I) has prime, unique, or other productive soil; or
       ``(II) contains historical or archaeological resources; and
       ``(ii) is subject to a pending offer for purchase from an 
     eligible entity.
       ``(B) Inclusions.--The term `eligible land' includes, on a 
     farm or ranch--
       ``(i) cropland;
       ``(ii) rangeland;
       ``(iii) grassland;
       ``(iv) pasture land; and
       ``(v) forest land that is part of an agricultural 
     operation, as determined by the Secretary.
       ``(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) Program.--The term `program' means the farmland 
     protection program established under section 1238I(a).

     ``SEC. 1238I. FARMLAND PROTECTION.

       ``(a) In General.--The Secretary, acting through the 
     Natural Resources Conservation Service, shall establish and 
     carry out a farmland protection program under which the 
     Secretary shall purchase conservation easements or other 
     interests in eligible land that is subject to a pending offer 
     from an eligible

[[Page S754]]

     entity for the purpose of protecting topsoil by limiting 
     nonagricultural uses of the land.
       ``(b) Conservation Plan.--Any highly erodible cropland for 
     which a conservation easement or other interest is purchased 
     under this subchapter shall be subject to the requirements of 
     a conservation plan that requires, at the option of the 
     Secretary, the conversion of the cropland to less intensive 
     uses.

     ``SEC. 1238J. MARKET VIABILITY PROGRAM.

       ``For each year for which funds are made available to carry 
     out this subchapter, the Secretary may use not more than 
     $10,000,000 to provide matching market viability grants and 
     technical assistance to farm and ranch operators that 
     participate in the program.''.
       (b) Funding.--Section 1241 of the Food Security Act of 1985 
     (16 U.S.C. 3841) (as amended by section 2____) is amended by 
     adding at the end the following:
       ``(d) Farmland Protection Program.--
       ``(1) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use to carry out subchapter 
     B of chapter 2 (including the provision of technical 
     assistance), to remain available until expended--
       ``(A) $150,000,000 in fiscal year 2002;
       ``(B) $250,000,000 in fiscal year 2003;
       ``(C) $400,000,000 in fiscal year 2004;
       ``(D) $450,000,000 in fiscal year 2005;
       ``(E) $500,000,000 in fiscal year 2006; and
       ``(F) $100,000,000 in fiscal year 2007.''
       ``(2) Cost sharing.--
       ``(A) Farmland protection.--
       ``(i) Share provided under this subsection.--The share of 
     the cost of purchasing a conservation easement or other 
     interest in eligible land described in section 1238I(a) 
     provided under this subsection shall not exceed 50 percent of 
     the appraised fair market value of the conservation easement 
     or other interest in eligible land.
       ``(ii) Share not provided under this subsection.--As part 
     of the share of the cost of purchasing a conservation 
     easement or other interest in eligible land described in 
     section 1238I(a) that is not provided under this subsection, 
     an eligible entity may include a charitable donation by the 
     private landowner from which the eligible land is to be 
     purchased of not more than 25 percent of the fair market 
     value of the conservation easement or other interest in 
     eligible land.
       ``(iii) Bidding down.--If the Secretary determines that 2 
     or more applications for the purchase of a conservation 
     easement or other interest in eligible land described in 
     section 1238I(a) are comparable in achieving the purposes of 
     section 1238I, the Secretary shall not assign a higher 
     priority to any 1 of those applications solely on the basis 
     of lesser cost to the farmland protection program established 
     under section 1238I(a).
       ``(B) Market viability contributions.--As a condition of 
     receiving a grant under section 1238J, a grantee shall 
     provide funds in an amount equal to the amount of the 
     grant.''.
       (c) Conforming Amendment.--
       (1) In general.--Section 388 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (16 U.S.C. 3830 note) is 
     repealed.
       (2) Effect on contracts.--The amendment made by paragraph 
     (1) shall have no effect on any contract entered into under 
     section 388 of the Federal Agriculture Improvement and Reform 
     Act of 1996 (16 U.S.C. 3830 note) that is in effect as of the 
     date of enactment of this Act.
       On page 286, line 23, strike the closing quotation marks.
       Beginning on page 288, strike line 10 and all that follows 
     through page 289, line 7.
       On page 290, line 8, insert ``that are located east of the 
     98th meridian'' before the period.
       On page 298, line 24, strike the closing quotation marks 
     and the following period.
       On page 298, after line 24, add the following:

     ``SEC. 1238Q. DELEGATION TO PRIVATE ORGANIZATIONS.

       ``(a) In General.--The Secretary may permit a private 
     conservation or land trust organization (referred to in this 
     section as a `private organization') or a State agency to 
     hold and enforce an easement under this subchapter, in lieu 
     of the Secretary, subject to the right of the Secretary to 
     conduct periodic inspections and enforce the easement, if--
       ``(1) the Secretary determines that granting the permission 
     will promote grassland and shrubland protection;
       ``(2) the owner authorizes the private organization or 
     State agency to hold and enforce the easement; and
       ``(3) the private organization or State agency agrees to 
     assume the costs incurred in administering and enforcing the 
     easement, including the costs of restoration or 
     rehabilitation of the land as specified by the owner and the 
     private organization or State agency.
       ``(b) Application.--A private organization or State agency 
     that seeks to hold and enforce an easement under this 
     subchapter shall apply to the Secretary for approval.
       ``(c) Approval by Secretary.--The Secretary may approve a 
     private organization to hold and enforce an easement under 
     this subchapter if (as determined by the Secretary) the 
     private organization--
       ``(1)(A) is an organization described in section 501(c)(3) 
     of the Internal Revenue Code of 1986 that is exempt from 
     taxation under section 501(a) of that Code; or
       ``(B) is described in section 509(a)(3), and is controlled 
     by an organization described in section 509(a)(2), of that 
     Code;
       ``(2) has the relevant experience necessary to administer 
     grassland and shrubland easements;
       ``(3) has a charter that describes the commitment of the 
     private organization to conserving ranchland, agricultural 
     land, or grassland for grazing and conservation purposes; and
       ``(4) has the resources necessary to effectuate the 
     purposes of the charter.
       ``(d) Reassignment.--
       ``(1) In general.--If a private organization holding an 
     easement on land under this subchapter terminates, not later 
     than 30 days after termination of the private organization, 
     the owner of the land shall reassign the easement to--
       ``(A) a new private organization that is approved by the 
     Secretary; or
       ``(B) the Secretary.
       ``(2) Notification of secretary.--
       ``(A) In general.--If the easement is reassigned to a new 
     private organization, not later than 60 days after the date 
     of reassignment, the owner and the new organization shall 
     notify the Secretary in writing that a reassignment for 
     termination has been made.
       ``(B) Failure to notify.--If the owner and the new 
     organization fail to notify the Secretary of the reassignment 
     in accordance with subparagraph (A), the easement shall 
     revert to the control of the Secretary.''.
       On page 307, line 17, strike ``$50,000,000'' and insert 
     ``$45,000,000''.
       On page 310, strike lines 1 through 3 and insert the 
     following:
       (b) Board of Trustees.--
       (1) In general.--The Institute shall be headed by a board 
     of trustees composed of producers and handlers of organically 
     grown and processed agricultural commodities appointed by the 
     Secretary.
       (2) Geographic representation.--The membership of the Board 
     of Trustees shall reflect equally each of the various regions 
     in the United States in which organically grown and processed 
     agricultural commodities are produced.
       Beginning on page 310, strike line 23 and all that follows 
     through page 311, line 12.
       On page 311, line 13, strike ``(f)'' and insert ``(e)''.
       On page 311, line 16, strike ``(g)'' and insert ``(f)''.
       Beginning on page 313, strike line 7 and all that follows 
     through page 320, line 10, and insert the following:

                       Subtitle E--Miscellaneous

       Beginning on page 321, strike line 15 and all that follows 
     through page 328 and insert the following:

     SEC. 2____. KLAMATH BASIN.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) Task force.--The term ``Task Force'' means the Klamath 
     Basin Interagency Task Force established under subsection 
     (b).
       (b) Interagency Task Force.--
       (1) Establishment.--
       (A) In general.--The Secretary of Agriculture, in 
     conjunction with the Secretary of the Interior, shall 
     establish the Klamath Basin Interagency Task Force.
       (B) Approval of member.--A decision of the Task Force that 
     affects any area under the jurisdiction of a member of the 
     Task Force described in paragraph (2) shall not be 
     implemented without the consent of the member.
       (2) Membership.--The Task Force shall include 
     representatives of--
       (A) the Department of Agriculture, including--
       (i) the Natural Resources Conservation Service; and
       (ii) the Farm Service Agency;
       (B) the Department of the Interior, including--
       (i) the United States Fish and Wildlife Service;
       (ii) the Bureau of Reclamation; and
       (iii) the Bureau of Indian Affairs;
       (C) the Department of Commerce, including the National 
     Marine Fisheries Service;
       (D) the Council on Environmental Quality;
       (E) the Federal Energy Regulatory Commission;
       (F) the Environmental Protection Agency; and
       (G) the United States Geological Survey.
       (3) Duties.--The Task Force shall use conservation programs 
     of the Department of Agriculture and other Federal programs 
     in the Klamath Basin in Oregon and California for the 
     purposes of--
       (A) promoting agricultural production and environmental 
     quality as compatible Klamath Basin goals;
       (B) water conservation and improved agricultural practices;
       (C) aquatic ecosystem restoration;
       (D) improvement of water quality and quantity;
       (E) recovery and enhancement of endangered species, 
     including anadromous fish species and resident fish species; 
     and
       (F) restoration of the national wildlife refuges.
       (4) Cooperative agreement.--The Secretary of Agriculture, 
     Secretary of the Interior, and Secretary of Commerce shall 
     enter into a cooperative agreement to--
       (A) provide funding to the Task Force; and
       (B) use conservation programs administered by the Secretary 
     of Agriculture and other Federal programs administered by the 
     Secretary of the Interior and Secretary of Commerce in 
     carrying out the purposes described in paragraph (3).
       (5) Grant program.--

[[Page S755]]

       (A) In general.--The Task Force shall establish a grant 
     program (including appropriate cost-sharing, monitoring, and 
     enforcement requirements) under which the Secretary of 
     Agriculture, the Secretary of the Interior, or the Secretary 
     of Commerce may enter into 1 or more agreements or contracts 
     with non-Federal entities, Indian tribes (as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b)), environmental 
     organizations, and water districts in the Klamath Basin to 
     carry out the purposes described in paragraph (3).
       (B) Contract terms.--An agreement or contract under 
     subparagraph (A) shall--
       (i) specify the responsibilities of the entity and the 
     Secretary under the agreement or contract;
       (ii) provide for such cost-sharing as the Secretary 
     considers appropriate; and
       (iii) include mechanisms for monitoring and enforcement 
     requirements.
       (c) Report and Plan.--
       (1) Development.--
       (A) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Task Force, after soliciting input 
     from the States of California and Oregon, local public 
     agencies, Indian tribes, Klamath Project districts, 
     environmental organizations, and the stakeholder community, 
     shall issue a report that--
       (i) considers the impacts of the biological assessment, the 
     biological opinion, activities of the Upper Klamath Basin 
     Working Group, activities of the Pacific Fisheries 
     Restoration Task Force, State water adjudications, and the 
     resolution of tribal rights, that may affect actions of the 
     Task Force; and
       (ii) includes a description of Federal spending in the 
     Klamath Basin for fiscal years 2000, 2001, and 2002.
       (B) Draft plan.--Not later than 60 days after completion of 
     the report under subparagraph (A), the Task Force shall 
     develop, and provide public notice of and an opportunity for 
     comment on, a draft 5-year plan to perform the duties of the 
     Task Force under subsection (b)(3).
       (C) Final plan.--Not later than 1 year after the date of 
     enactment of this Act, the Task Force shall finalize the plan 
     described in subparagraph (B).
       (2) Matters to be considered.--In developing the plan under 
     paragraph (1), the Task Force shall consider--
       (A) the use of water conservation easements by voluntary 
     participants;
       (B) purchase of agricultural land from willing sellers, 
     with priority given to land that will enhance natural water 
     storage capabilities;
       (C) benefits to the agricultural economy through incentives 
     for the use of irrigation efficiency, water conservation, or 
     other agricultural practices;
       (D) wetland restoration;
       (E) feasibility studies for alternative water storage, 
     water conservation, demand reduction, and restoration of 
     endangered species;
       (F) improvement of upper Klamath Basin watershed and water 
     quality;
       (G) improvement of habitat in the Tule Lake National 
     Wildlife Refuge, the Lower Klamath National Wildlife Refuge, 
     and the Upper Klamath Lake National Wildlife Refuge; and
       (H) fish screening and water metering.
       (d) Cooperation With Non-Federal Entities.--In carrying out 
     the duties of the Task Force under this section, the Task 
     Force shall--
       (1) consult with--
       (A) environmental, fishing, and agricultural interests; and
       (B) on a government-to-government basis, the Klamath, 
     Hoopa, Yurok, and Karuk Tribes;
       (2) provide appropriate opportunities for public 
     participation; and
       (3) hold meetings at least once every 3 months in the 
     Klamath Basin with opportunities for stakeholder 
     participation.
       (e) Funding.--
       (1) In general.--To carry out the purposes described in 
     subsection (b)(3), the Secretary shall use $175,000,000 of 
     the funds of the Commodity Credit Corporation for the period 
     of fiscal years 2003 through 2006, of which--
       (A) $15,000,000 shall be made available to the Klamath, 
     Hoopa, Yurok, and Karuk Tribes for use in the State of 
     California; and
       (B) $15,000,000 shall be made available to those Tribes for 
     use in the State of Oregon.
       (2) Funds made available to the tribes.--
       (A) In general.--The funds made available to the Tribes 
     under paragraph (1) shall be for projects for specific 
     habitat improvement related to the recovery of threatened and 
     endangered species to be carried out by the appropriate 
     tribal natural resources department, consistent with the 
     purposes of this section.
       (B) Reports.--The Tribes shall provide a biennial report to 
     the Task Force on expenditures of funds during the period 
     covered by the report.
       (3) Other funds.--The funds made available under paragraph 
     (1) shall be in addition to funds available to the States of 
     California and Oregon under other provisions of this Act 
     (including amendments made by this Act).
       (4) Unused funding.--Any funds made available for a fiscal 
     year under paragraph (1) that are not obligated by April 1, 
     2006, may be used to carry out other activities under 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3801 et seq.).
       (5) Expiration of authority to obligate funds.--The 
     Secretary may not obligate funds made available under this 
     subsection after September 30, 2006.
       (f) Savings Provision.--Nothing in this section regarding 
     the Klamath Basin affects any right or obligation of any 
     party under any treaty or any other provision of Federal or 
     State law.
       (g) Cooperative Agreements.--Notwithstanding the Federal 
     Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et 
     seq.), the Secretary may enter into cooperative agreements 
     under this section.
       On page 331, line 6, strike ``a certification of'' and 
     insert ``evidence of''.
       On page 331, strike lines 16 through 25 and insert the 
     following:
       ``(A) submit a single proposal for 1 or more countries in 
     which the certified institutional partner has already 
     demonstrated organizational capacity; and
       ``(B) receive expedited review of the proposal.''.
       On page 334, strike lines 9 through 17 and insert the 
     following:

     SEC. 3____. FOOD AID CONSULTATIVE GROUP.

       Section 205(f) of the Agricultural Trade Development and 
     Assistance Act of 1954 (7 U.S.C. 1725(f)) is amended by 
     striking ``2002'' and inserting ``2006''.
       On page 335, line 22, add ``and'' at the end.
       On page 335, strike lines 23 through 26.
       On page 336, line 1, strike ``(4)'' and insert ``(3)''.
       Beginning on page 337, strike line 11 and all that follows 
     through page 338, line 5, and insert the following:

     SEC. 3____. SALE PROCEDURE.

       Section 403 of the Agricultural Trade Development and 
     Assistance Act of 1954 (7 U.S.C. 1733) is amended--
       (1) in subsection (b)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--In carrying out this Act, the 
     Secretary''; and
       (B) by adding at the end the following:
       ``(2) Currencies.--Sales of commodities described in 
     paragraph (1) may be in United States dollars or in a 
     different currency.'';
       (2) in subsection (e)--
       (A) by striking ``In carrying'' and inserting the 
     following:
       ``(1) In general.--In carrying''; and
       (B) by adding at the end the following:
       ``(2) Sale price.--Sales of commodities described in 
     paragraph (1) shall be made at a reasonable market price in 
     the economy where the commodity is to be sold, as determined 
     by the Secretary or the Administrator, as appropriate.''; and
       (3) by adding at the end the following:
       ``(l) Sale Procedure.--Subsections (b)(2) and (e)(2) shall 
     apply to sales of commodities in recipient countries to 
     generate proceeds to carry out projects under--
       ``(1) section 416(b) of the Agricultural Act of 1949 (7 
     U.S.C. 1431(b)); and
       ``(2) title VIII of the Agricultural Trade Act of 1978.''.
       On page 340, line 1, insert ``JOHN OGONOWSKI'' before 
     ``FARMER-TO-FARMER PROGRAM''.
       On page 340, line 12, strike ``180'' and insert ``180 
     days''.
       On page 340, line 13, strike ``360'' and insert ``12 
     months''.
       On page 343, line 6, strike ``7251'' and insert ``5721''.
       Beginning on page 349, strike line 13 and all that follows 
     through page 350, line 13, and insert the following:
       ``(a) In General.--There are established the Food for 
     Progress Program and the International Food for Education and 
     Nutrition Program through which eligible commodities are made 
     available to eligible organizations to carry out programs of 
     assistance in developing countries.
       ``(b) Food for Progress Program.--
       ``(1) In general.--To provide agricultural commodities to 
     support the introduction or expansion of free trade 
     enterprises in national economies and to promote food 
     security in recipient countries, the Secretary shall 
     establish the Food for Progress Program, under which the 
     Secretary may enter into agreements (including multiyear 
     agreements and agreements for programs in more than 1 
     country) with entities described in paragraph (2).
       ``(2) Entities.--The Secretary may enter into agreements 
     under paragraph (1) with--
       ``(A) the governments of emerging agricultural countries;
       ``(B) private voluntary organizations;
       ``(C) nonprofit agricultural organizations and 
     cooperatives;
       ``(D) nongovernmental organizations; and
       ``(E) other private entities.
       ``(3) Considerations.--In determining whether to enter into 
     an agreement to establish a program under paragraph (1), the 
     Secretary shall take into consideration whether an emerging 
     agricultural country is committed to carrying out, or is 
     carrying out, policies that promote--
       ``(A) economic freedom;
       ``(B) private production of food commodities for domestic 
     consumption; and
       ``(C) the creation and expansion of efficient domestic 
     markets for the purchase and sale of those commodities.
       On page 350, strike line 18.
       On page 352, between lines 19 and 20, insert the following:
       ``(6) Eligible costs.--Subject to paragraphs (2) and (7), 
     the Secretary shall pay all or part of--
       ``(A) the costs and charges described in paragraphs (1) 
     through (5) and (7) of section

[[Page S756]]

     406(b) of the Agricultural Trade Development and Assistance 
     Act of 1954 (7 U.S.C. 1736(b)) with respect to an eligible 
     commodity;
       ``(B) the internal transportation, storage, and handling 
     costs incurred in moving the eligible commodity, if the 
     Secretary determines that--
       ``(i) payment of the costs is appropriate; and
       ``(ii) the recipient country is a low income, net food-
     importing country that--

       ``(I) meets the poverty criteria established by the 
     International Bank for Reconstruction and Development for 
     Civil Works Preference; and
       ``(II) has a national government that is committed to or is 
     working toward, through a national action plan, the World 
     Declaration on Education for All convened in 1990 in Jomtien, 
     Thailand, and the followup Dakar Framework for Action of the 
     World Education Forum in 2000; and

       ``(C) the projected costs of an eligible organization for 
     administration, sales, monitoring, and technical assistance 
     under an agreement under paragraph (2) (including an itemized 
     budget), taking into consideration, as determined by the 
     Secretary--
       ``(i) the projected amount of such costs itemized by 
     category; and
       ``(ii) the projected amount of assistance to be received 
     from other donors.
       ``(7) Funding.--
       ``(A) Commodity credit corporation.--
       ``(i) In general.--Subject to clause (ii), the Secretary 
     may use the funds, facilities, and authorities of the 
     Corporation to carry out this subsection.
       ``(ii) Limitation.--Not more than $150,000,000 for each of 
     fiscal years 2002 through 2005 shall be used to carry out 
     this subsection.
       ``(B) Use limitations.--Of the funds made available under 
     subparagraph (A), the Secretary may use to carry out 
     paragraph (6)(C) not more than $20,000,000 for each of fiscal 
     years 2002 through 2005.
       ``(C) Reallocation.--Funds not allocated under this 
     subsection by April 30 of a fiscal year shall be made 
     available for proposals submitted under the Food for Progress 
     Program under subsection (b).
       On page 352, line 20, strike ``(6)'' and insert ``(8)''.
       On page 354, between lines 4 and 5, insert the following:
       ``(4) Multiyear agreements.--In carrying out this title, on 
     request and subject to the availability of commodities, the 
     Secretary is encouraged to approve agreements that provide 
     for commodities to be made available for distribution on a 
     multiyear basis, if the agreements otherwise meet the 
     requirements of this title.
       On page 355, lines 13 and 14, strike ``in subsection 
     (h)(2)(C)(i)'' and insert ``under this title''.
       On page 356, line 14, strike ``a certification of'' and 
     insert ``evidence of''.
       On page 357, strike lines 1 through 18 and insert the 
     following:
       ``(i) submit a single proposal for 1 or more countries in 
     which the certified institutional partner has already 
     demonstrated organizational capacity; and
       ``(ii) receive expedited review of the proposal.
       On page 358, line 11, strike ``nearby to'' and insert 
     ``near''.
       Beginning on page 358, strike line 21 and all that follows 
     through page 359, line 2, and insert the following:
       ``(C) Humanitarian or development purposes.--The Secretary 
     may authorize the use of proceeds or exchanges to pay the 
     costs incurred by an eligible organization under this title 
     for--
       On page 363, lines 8 and 9, strike ``paragraphs (6) through 
     (8)'' and insert ``paragraphs (5) through (7)''.
       On page 363, strike lines 12 through 15 and insert the 
     following:
       ``(2) Minimum tonnage.--Subject to paragraph (6)(B), not 
     less than 400,000 metric tons of commodities may be provided 
     under this title for the program established under subsection 
     (b) for each of fiscal years 2002 through 2006.
       On page 363, line 19, strike ``this title'' and insert 
     ``the program established under subsection (b)''.
       On page 363, line 22, strike ``(7)(B)'' and insert 
     ``(6)(B)''.
       On page 364, lines 1 and 2, strike ``this section'' and all 
     that follows through the period and insert ``the program 
     established under subsection (b).''.
       On page 364, strike lines 3 through 14.
       On page 364, line 15, strike ``(6)'' and insert ``(5)''.
       On page 364, line 21, strike ``(7)'' and insert ``(6)''.
       On page 364, line 24, strike ``this title'' and insert 
     ``the program established under subsection (b).''.
       Beginning on page 366, strike line 6 and all that follows 
     through page 367, line 6.
       On page 367, line 7, strike ``(viii)'' and insert ``(vi)''.
       On page 367, line 10, strike ``(ix)'' and insert ``(vii)''.
       On page 367, line 11, strike ``(viii)'' and insert 
     ``(vi)''.
       On page 367, strike lines 18 through 23 and insert the 
     following:
       ``(B) Funding.--Except for costs described in clauses (i) 
     through (iii) of subparagraph (A), unless authorized in 
     advance in an appropriations Act or reallocated under 
     subsection (c)(7)(C)--
       ``(i) not more than $55,000,000 of funds that would be 
     available to carry out paragraph (2) may be used to cover 
     costs under clauses (iv) through (vii) of subparagraph (A); 
     and
       ``(ii) of the amount provided under clause (i), not more 
     than $12,000,000 shall be made available to cover costs under 
     clauses (vi) and (vii) of subparagraph (A).
       On page 367, line 24, strike ``(8)'' and insert ``(7)''.
       On page 368, line 5, strike ``(7)(A)(ix)(I)'' and insert 
     ``(6)(A)(vii)(I)''.
       On page 373, strike lines 24 and 25 and insert the 
     following:
       (B) by striking ``other than the country of origin--'' and 
     all that follows and inserting ``other than the country of 
     origin, for the purpose of carrying out programs under this 
     subsection.''.
       On page 375, lines 3 and 4, strike ``a certification of'' 
     and insert ``evidence of''.
       On page 375, strike lines 14 through 23 and insert the 
     following:
       ``(A) submit a single proposal for 1 or more countries in 
     which the certified institutional partner has already 
     demonstrated organizational capacity; and
       ``(B) receive expedited review of the proposal.''.
       On page 382, between lines 14 and 15, insert the following:

     SEC. 3____. REPORT ON USE OF PERISHABLE COMMODITIES.

       Not later than 120 days after the date of enactment of this 
     Act, the Secretary of Agriculture shall develop and 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 deficiencies in transportation and 
     storage infrastructure and deficiencies in funding that have 
     limited the use, and expansion of use, of highly perishable 
     and semiperishable commodities in international food aid 
     programs of the Department of Agriculture.

     SEC. 3____. SENSE OF SENATE CONCERNING FOREIGN ASSISTANCE 
                   PROGRAMS.

       (a) Findings.--Congress finds that--
       (1) the international community faces a continuing epidemic 
     of ethnic, sectarian, and criminal violence;
       (2) poverty, hunger, political uncertainty, and social 
     instability are the principal causes of violence and conflict 
     around the world;
       (3) broad-based, equitable economic growth and agriculture 
     development facilitates political stability, food security, 
     democracy, and the rule of law;
       (4) democratic governments are more likely to advocate and 
     observe international laws, protect civil and human rights, 
     pursue free market economies, and avoid external conflicts;
       (5) the United States Agency for International Development 
     has provided critical democracy and governance assistance to 
     a majority of the nations that successfully made the 
     transition to democratic governments during the past 2 
     decades;
       (6) 43 of the top 50 consumer nations of American 
     agricultural products were once United States foreign aid 
     recipients;
       (7) in the past 50 years, infant child death rates in the 
     developing world have been reduced by 50 percent, and health 
     conditions around the world have improved more during this 
     period than in any other period;
       (8) the United States Agency for International Development 
     child survival programs have significantly contributed to a 
     10 percent reduction in infant mortality rates worldwide in 
     just the past 8 years;
       (9) in providing assistance by the United States and other 
     donors in better seeds and teaching more efficient 
     agricultural techniques over the past 2 decades have helped 
     make it possible to feed an additional 1,000,000,000 people 
     in the world;
       (10) despite this progress, approximately 1,200,000,000 
     people, one-quarter of the world's population, live on less 
     that $1 per day, and approximately 3,000,000,000 people live 
     on only $2 per day;
       (11) 95 percent of new births occur in developing 
     countries, including the world's poorest countries; and
       (12) only \1/2\ percent of the Federal budget is dedicated 
     to international economic and humanitarian assistance.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) United States foreign assistance programs should play 
     an increased role in the global fight against terrorism to 
     complement the national security objectives of the United 
     States;
       (2) the United States should lead coordinated international 
     efforts to provide increased financial assistance to 
     countries with impoverished and disadvantaged populations 
     that are the breeding grounds for terrorism; and
       (3) the United States Agency for International Development 
     and the Department of Agriculture should substantially 
     increase humanitarian, economic development, and agricultural 
     assistance to foster international peace and stability and 
     the promotion of human rights.
       On page 404, between lines 7 and 8, insert the following:

     SEC. 4____. REDEMPTION OF BENEFITS THROUGH GROUP LIVING 
                   ARRANGEMENTS.

       Section 10 of the Food Stamp Act of 1977 (7 U.S.C. 2019) is 
     amended by inserting after the first sentence the following: 
     ``Notwithstanding the preceding sentence, a center, 
     organization, institution, shelter, group living arrangement, 
     or establishment described in that sentence may be authorized 
     to redeem coupons through a financial institution

[[Page S757]]

     described in that sentence if the center, organization, 
     institution, shelter, group living arrangement, or 
     establishment is equipped with 1 or more point-of-sale 
     devices and is operating in an area in which an electronic 
     benefit transfer system described in section 7(i) has been 
     implemented.''.
       Beginning on page 416, strike line 11 and all that follows 
     through page 418, line 11, and insert the following:
       ``(10) Adjustments of payment error rate.--
       ``(A) In general.--
       ``(i) Adjustment for higher percentage of households with 
     earned income.--With respect to fiscal year 2002 and each 
     fiscal year thereafter, in applying paragraph (1), the 
     Secretary shall adjust the payment error rate determined 
     under paragraph (2)(A) as necessary to take into account any 
     increases in errors that result from the State agency's 
     having a higher percentage of participating households that 
     have earned income than the lesser of--

       ``(I) the percentage of participating households in all 
     States that have earned income; or
       ``(II) the percentage of participating households in the 
     State in fiscal year 1992 that had earned income.

       ``(ii) Adjustment for higher percentage of households with 
     noncitizen members.--With respect to fiscal year 2002 and 
     each fiscal year thereafter, in applying paragraph (1), the 
     Secretary shall adjust the payment error rate determined 
     under paragraph (2)(A) as necessary to take into account any 
     increases in errors that result from the State agency's 
     having a higher percentage of participating households that 
     have 1 or more members who are not United States citizens 
     than the lesser of--

       ``(I) the percentage of participating households in all 
     States that have 1 or more members who are not United States 
     citizens; or
       ``(II) the percentage of participating households in the 
     State in fiscal year 1998 that had 1 or more members who were 
     not United States citizens.

       ``(B) Additional adjustments.--For
       On page 419, line 16, strike ``430(a)(6))'' and insert 
     ``____(a)(6))''.
       Beginning on page 427, strike line 23 and all that follows 
     through page 428, line 5, and insert the following:
       (c) Participant Expenses.--Section 6(d)(4)(I)(i)(I) of the 
     Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)(I)(i)(I)) is 
     amended by striking ``except that the State agency may limit 
     such reimbursement to each participant to $25 per month'' and 
     inserting ``except that, in the case of each of fiscal years 
     2002 through 2009, the State agency may limit such 
     reimbursement to each participant to $50 per month''.
       (d) Federal Reimbursement.--Section 16(h)(3) of the Food 
     Stamp Act of 1977 (7 U.S.C. 2025(h)(3)) is amended by 
     striking ``except that such total amount shall not exceed an 
     amount representing $25 per participant per month'' and 
     inserting ``except that, in the case of each of fiscal years 
     2002 through 2009, such total amount shall not exceed an 
     amount representing $50 per participant per month''.
       On page 438, after line 24, add the following:
       (b) Report to Congress and Increased Authorization.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall develop and submit to Congress a report that--
       (A) describes the similarities and differences (in terms of 
     program administration, rules, benefits, and requirements) 
     between--
       (i) the food stamp program under the Food Stamp Act of 1977 
     (7 U.S.C. 2011 et seq.), other than section 19 of that Act (7 
     U.S.C. 2028); and
       (ii) the program to provide assistance to Puerto Rico under 
     section 19 of that Act (as in effect on the day before the 
     date of enactment of this Act);
       (B) specifies the costs and savings associated with each 
     similarity and difference; and
       (C) states the recommendation of the Comptroller General as 
     to whether additional funding should be provided to carry out 
     section 19 of that Act.
       (2) Increased authorization.--Effective on the date of 
     submission to Congress of the report under paragraph (1), 
     there is authorized to be appropriated to carry out section 
     19 of the Food Stamp Act of 1977 (7 U.S.C. 2028) (in addition 
     to amounts made available to carry out that section under law 
     other than this subsection) $50,000,000 for each fiscal year.
       (3) Limitation.--No amounts may be made available to carry 
     out paragraph (2) unless specifically provided by an 
     appropriation Act.
       On page 439, line 1, strike ``(b)'' and insert ``(c)''.
       On page 439, line 3, strike ``(c)'' and insert ``(d)''.
       On page 440, strike line 3 and insert the following:
       ``(5) meet, as soon as practicable through the provision of 
     grants of not to exceed $25,000 each, specific
       On page 440, strike lines 6 and 7 and insert the following:
       ``(A) infrastructure improvement and development (including 
     the purchase of equipment necessary for the production, 
     handling, or marketing of locally produced food);
       On page 441, after line 22, add the following:

     SEC. 4____. USE OF APPROVED FOOD SAFETY TECHNOLOGY.

       (a) In General.--Section 27 of the Food Stamp Act of 1977 
     (7 U.S.C. 2036) (as amended by section 4____) is amended by 
     adding at the end the following:
       ``(d) Use of Approved Food Safety Technology.--
       ``(1) In general.--In acquiring commodities for 
     distribution through a program specified in paragraph (2), 
     the Secretary shall not prohibit the use of any technology to 
     improve food safety that has been approved by the Secretary 
     or the Secretary of Health and Human Services.
       ``(2) Programs.--A program referred to in paragraph (1) is 
     a program authorized under--
       ``(A) this Act;
       ``(B) the Agriculture and Consumer Protection Act of 1973 
     (7 U.S.C. 612c note; Public Law 93-86);
       ``(C) the Emergency Food Assistance Act of 1983 (7 U.S.C. 
     7501 et seq.);
       ``(D) the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.); or
       ``(E) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
     seq.).''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on the date of enactment of this Act.
       On page 442, line 3, strike ``The Food'' and insert the 
     following:
       (a) In General.--The Food
       On page 444, between lines 16 and 17, insert the following:
       (b) Effective Date.--The amendment made by this section 
     takes effect on the date of enactment of this Act.
       On page 448, strike lines 8 through 22 and insert the 
     following:
       ``(2) Amount of grants.--
       ``(A) Fiscal year 2003.--For fiscal year 2003, the amount 
     of each grant per caseload slot shall be equal to $50, 
     adjusted by the percentage change between--
       ``(i) the value of the State and local government price 
     index, as published by the Bureau of Economic Analysis of the 
     Department of Commerce, for the 12-month period ending June 
     30, 2001; and
       ``(ii) the value of that index for the 12-month period 
     ending June 30, 2002.
       ``(B) Fiscal years 2004 through 2006.--For each of fiscal 
     years 2004 through 2006, the amount of each grant per 
     caseload slot shall be equal to the amount of the grant per 
     caseload slot for the preceding fiscal year, adjusted by the 
     percentage change between--
       ``(i) the value of the State and local government price 
     index, as published by the Bureau of Economic Analysis of the 
     Department of Commerce, for the 12-month period ending June 
     30 of the second preceding fiscal year; and
       ``(ii) the value of that index for the 12-month period 
     ending June 30 of the preceding fiscal year.'';
       (2) in subsection (d)(2), by striking ``2002'' each place 
     it appears and inserting ``2006''; and
       (3) by striking subsection (l).
       On page 454, after line 22, add the following:

     SEC. 4____. REPORT ON CONVERSION OF WIC PROGRAM INTO AN 
                   INDIVIDUAL ENTITLEMENT PROGRAM.

       (a) Findings.--Congress finds that the special supplemental 
     nutrition program for woman, infants, and children 
     established by section 17 of the Child Nutrition Act of 1966 
     (42 U.S.C. 1786) (referred to in this section as the `WIC 
     program')--
       (1) safeguards the health of low-income pregnant, 
     postpartum, and breast-feeding women, infants, and children 
     up to 5 years of age who are at nutritional risk through the 
     delivery of individualized food packages, nutrition 
     education, and health referrals;
       (2) is associated with a variety of desirable outcomes, 
     including lower incidence of infant mortality, reduced 
     prevalence of very low birth weights, improved nutrient 
     intake among children, improved cognitive development among 
     children, and lower Medicaid costs for women who participate;
       (3) is recognized generally as a leading national health 
     and nutrition program;
       (4) as a discretionary program, can have inappropriate 
     funding because funding levels must be determined early in 
     the year by the President and the Committees on 
     Appropriations of the House of Representatives and the Senate 
     (referred to in this subsection as the ``Committees'');
       (5) can have funding shortfalls in some years because the 
     economy worsens between the time that funding levels are 
     established and the fiscal year is underway;
       (6) may have to deny service or reduce benefits to eligible 
     women, infants, and children in some States as a result of 
     these funding shortfalls;
       (7) may be provided with more funding than is required in 
     those years in which the economy improves between the time 
     that funding levels are established and the fiscal year is 
     underway, with the result that the President and the 
     Committees will have committed funds to the WIC program that 
     could have been devoted to other priorities; and
       (8) would not have this funding uncertainty if the WIC 
     program were an entitlement program that provided benefits to 
     every eligible woman, infant, and child seeking benefits.
       (b) Report.--Not later than December 31, 2002, the 
     Secretary of Agriculture shall submit to the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Agriculture, Nutrition and Forestry of 
     the Senate a report that analyzes the conversion of the WIC 
     program

[[Page S758]]

     from a discretionary program into an individual entitlement 
     program.
       (c) Contents.--The report shall--
       (1) analyze the conversion of the WIC program into an 
     individual entitlement program, rather than a capped 
     entitlement program for States;
       (2) analyze the conversion using at least 3 separate 
     scenarios, including--
       (A) 1 scenario under which the costs to the Federal 
     Government approximate current projected funding levels;
       (B) 1 scenario under which the costs to the Federal 
     Government approximate current projected funding levels plus 
     5 percent; and
       (C) 1 scenario under which the costs to the Federal 
     Government approximate current projected funding levels plus 
     7 percent; and
       (3) address--
       (A) the levels at which, and manner by which, States will 
     be reimbursed for food package costs and administrative 
     costs;
       (B) how current cost containment savings will be preserved;
       (C) how reimbursement rates will be adjusted annually to 
     reflect inflation or other factors affecting food prices;
       (D) how program benefits and services will be affected by 
     the conversion to an individual entitlement program; and
       (E) any other issues that arise from converting the WIC 
     program to an individual entitlement program, as determined 
     by the Secretary of Agriculture.
       (d) Consultation.--In preparing the report, the Secretary 
     of Agriculture shall consult with--
       (1) the Committee on Education and the Workforce of the 
     House of Representatives;
       (2) the Committee on Agriculture, Nutrition and Forestry of 
     the Senate;
       (3) membership organizations representing State directors 
     and local agencies administering the WIC program;
       (4) Governors and other State officials;
       (5) research and policy organizations that have a history 
     of carrying out activities on issues affecting the WIC 
     program; and
       (6) advocacy organizations representing the needs of the 
     population that is eligible to participate in the WIC 
     program.
       (e) Funding.--Notwithstanding any other provision of law, 
     the Secretary shall carry out this section using funds made 
     available for necessary expenses to carry out the WIC 
     program.

     SEC. 4____. COMMODITY DONATIONS.

       The Commodity Distribution Reform Act and WIC Amendments of 
     1987 (7 U.S.C. 612c note; Public Law 100-237) is amended--
       (1) by redesignating sections 17 and 18 as sections 18 and 
     19, respectively; and
       (2) by inserting after section 16 the following:

     ``SEC. 17. COMMODITY DONATIONS.

       ``(a) In General.--Notwithstanding any other provision of 
     law concerning commodity donations, any commodities acquired 
     in the conduct of the operations of the Commodity Credit 
     Corporation and any commodities acquired under section 32 of 
     the Act of August 24, 1935 (7 U.S.C. 612c), to the extent 
     that the commodities are in excess of the quantities of 
     commodities needed to carry out other authorized activities 
     of the Commodity Credit Corporation and the Secretary 
     (including any quantity specifically reserved for a specific 
     purpose), may be used for any program authorized to be 
     carried out by the Secretary that involves the acquisition of 
     commodities for use in a domestic feeding program, including 
     any program conducted by the Secretary that provides 
     commodities to individuals in cases of hardship.
       ``(b) Programs.--A program described in subsection (a) 
     includes a program authorized by--
       ``(1) the Emergency Food Assistance Act of 1983 (7 U.S.C. 
     7501 et seq.);
       ``(2) the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.);
       ``(3) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
     seq.);
       ``(4) the Older Americans Act of 1965 (42 U.S.C. 3001 et 
     seq.); or
       ``(5) such other laws as the Secretary determines to be 
     appropriate.''.

     SEC. 4____. PURCHASES OF LOCALLY PRODUCED FOODS.

       (a) In General.--The Secretary of Agriculture shall--
       (1) encourage institutions participating in the national 
     school lunch program authorized under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.) and the 
     school breakfast program established by section 4 of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1773) to purchase, in 
     addition to other food purchases, locally produced foods for 
     school meal programs to the maximum extent practicable and 
     appropriate;
       (2) advise institutions participating in a program 
     described in paragraph (1) of the policy described in that 
     paragraph and post information concerning the policy on the 
     website maintained by the Secretary; and
       (3) in accordance with requirements established by the 
     Secretary, provide start-up grants to not more than 200 
     institutions to defray the initial costs of equipment, 
     materials, and storage facilities, and similar costs, 
     incurred in carrying out the policy described in paragraph 
     (1).
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $400,000 for each of fiscal years 2002 
     through 2006.
       (2) Limitation.--No amounts may be made available to carry 
     out this section unless specifically provided by an 
     appropriation Act.
       On page 455, strike lines 6 through 20 and insert the 
     following:
       (b) Program Purpose.--The purpose of the seniors farmers' 
     market nutrition program is to provide to low-income seniors 
     resources in the form of fresh, nutritious, unprepared, 
     locally grown fruits, vegetables, and herbs from farmers' 
     markets, roadside stands, and community-supported agriculture 
     programs.
       On page 456, between lines 12 and 13, insert the following:
       (e) Authority.--The authority provided by this section is 
     in addition to, and not in lieu of, the authority of the 
     Secretary of Agriculture to carry out any similar program 
     under the Commodity Credit Corporation Charter Act (15 U.S.C. 
     714 et seq.).

     SEC. 4____7. FARMERS' MARKET NUTRITION PROGRAM.

       Section 17(m)(9) of the Child Nutrition Act of 1966 (42 
     U.S.C. 1786(m)(9)) is amended--
       (1) by striking ``(9)(A) There'' and inserting the 
     following:
       ``(9) Funding.--
       ``(A) In general.--
       ``(i) Authorization of appropriations.--There''; and
       (2) in subparagraph (A), by adding at the end the 
     following:
       ``(ii) Mandatory funding.--

       ``(I) In general.--Not later than 30 days after the date of 
     enactment of the Agriculture, Conservation, and Rural 
     Enhancement Act of 2001, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary to carry out this subsection 
     $15,000,000.
       ``(II) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this subsection the funds transferred under subclause (I), 
     without further appropriation.''.

       On page 457, strike lines 6 through 8 and insert the 
     following:
       (1) In general.--Not later than 1 year after the 
     implementation of the pilot program required by subsection 
     (a), the Secretary (acting through the Economic Research 
     Service) shall submit to the Committee on Education and the 
     Workforce of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate an 
     evaluation of the results of the pilot program to determine--
       On page 457, line 12, strike ``and''.
       On page 457, line 14, strike the period at the end and 
     insert ``; and''.
       On page 457, between lines 14 and 15, insert the following:
       (F) what effect, if any, the pilot program had on the sale 
     of meals served under the Child Nutrition Act of 1966 (42 
     U.S.C. 1771 et seq.) and the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.).
       On page 536, strike lines 5 through 8 and insert the 
     following:
       ``(3) a description of how the company intends to work with 
     community-based organizations and local entities (including 
     local economic development companies, local lenders, and 
     local investors) and to seek to address the unmet equity 
     capital needs of the communities served;
       On page 539, strike lines 8 through 20 and insert the 
     following:
       ``(d) Approval; Designation.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary may approve an applicant to operate as a Rural 
     Business Investment Company under this subtitle and designate 
     the applicant as a Rural Business Investment Company, if--
       ``(A) the Secretary determines that the application 
     satisfies the requirements of subsection (b);
       ``(B) the area in which the Rural Business Investment 
     Company is to conduct its operations, and establishment of 
     branch offices or agencies (if authorized by the articles), 
     are approved by the Secretary; and
       ``(C) the applicant enters into a participation agreement 
     with the Secretary.
       ``(2) Capital requirements.--
       ``(A) In general.--Notwithstanding any other provision of 
     this subtitle, the Secretary may approve an applicant to 
     operate as a Rural Business Investment Company under this 
     subtitle and designate the applicant as a Rural Business 
     Investment Company, if the Secretary determines that the 
     applicant--
       ``(i) has private capital of less than $2,500,000;
       ``(ii) would otherwise be approved under this subtitle, 
     except that the applicant does not satisfy the requirements 
     of section 384I(c); and
       ``(iii) has a viable business plan that reasonably projects 
     profitable operations and that has a reasonable timetable for 
     achieving a level of private capital that satisfies the 
     requirements of section 384I(c).
       ``(B) Leverage.--An applicant approved under subparagraph 
     (A) shall not be eligible to receive leverage under this 
     subtitle until the applicant satisfies the requirements of 
     section 384I(c).
       ``(C) Grants.--An applicant approved under subparagraph (A) 
     shall be eligible for grants under section 384H in proportion 
     to the private capital of the applicant, as determined by the 
     Secretary.
       On page 540, strike lines 11 through 17 and insert the 
     following:
       ``(1) guarantee the debentures issued by a Rural Business 
     Investment Company only to the extent that the total face 
     amount of outstanding guaranteed debentures of the Rural 
     Business Investment Company does not exceed the lesser of--

[[Page S759]]

       ``(A) 300 percent of the private capital of the Rural 
     Business Investment Company; or
       ``(B) $105,000,000; and
       Beginning on page 544, strike line 23 and all that follows 
     through page 547, line 8, and insert the following:

     ``SEC. 384H. OPERATIONAL ASSISTANCE GRANTS.

       ``(a) In General.--In accordance with this section, the 
     Secretary may make grants to Rural Business Investment 
     Companies and to other entities, as authorized by this 
     subtitle, to provide operational assistance to smaller 
     enterprises financed, or expected to be financed, by the 
     entities.
       ``(b) Terms.--Grants made under this section shall be made 
     over a multiyear period (not to exceed 10 years) under such 
     other terms as the Secretary may require.
       ``(c) Use of Funds.--The proceeds of a grant made under 
     this section may be used by the Rural Business Investment 
     Company receiving the grant only to provide operational 
     assistance in connection with an equity or prospective equity 
     investment in a business located in a rural area.
       ``(d) Submission of Plans.--A Rural Business Investment 
     Company shall be eligible for a grant under this section only 
     if the Rural Business Investment Company submits to the 
     Secretary, in such form and manner as the Secretary may 
     require, a plan for use of the grant.
       ``(e) Grant Amount.--
       ``(1) Rural business investment companies.--The amount of a 
     grant made under this section to a Rural Business Investment 
     Company shall be equal to the lesser of--
       ``(A) 10 percent of the private capital raised by the Rural 
     Business Investment Company; or
       ``(B) $1,000,000.
       ``(2) Other entities.--The amount of a grant made under 
     this section to any entity other than a Rural Business 
     Investment Company shall be equal to the resources (in cash 
     or in kind) raised by the entity in accordance with the 
     requirements applicable to Rural Business Investment 
     Companies under this subtitle.
       On page 550, line 7, strike ``and''.
       On page 550, line 10, strike the period at the end and 
     insert a semicolon.
       On page 550, between lines 10 and 11, insert the following:
       ``(D) ensure that the Rural Business Investment Company is 
     designed primarily to meet equity capital needs of the 
     businesses in which the Rural Business Investment Company 
     invests and not to compete with traditional small business 
     financing by commercial lenders; and
       ``(E) require that the Rural Business Investment Company 
     makes short-term non-equity investments of less than 5 years 
     only to the extent necessary to preserve an existing 
     investment.
       Beginning on page 550, strike line 20 and all that follows 
     through page 551, line 12, and insert the following:

     ``SEC. 384J. FINANCIAL INSTITUTION INVESTMENTS.

       ``(a) In General.--Except as otherwise provided in this 
     section and notwithstanding any other provision of law, the 
     following banks, associations, and institutions are eligible 
     both to establish and invest in any Rural Business Investment 
     Company or in any entity established to invest solely in 
     Rural Business Investment Companies:
       ``(1) Any bank or savings association the deposits of which 
     are insured under the Federal Deposit Insurance Act (12 
     U.S.C. 1811 et seq.)
       ``(2) Any Farm Credit System institution described in 
     section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 
     2002(a)).
       On page 551, lines 22 and 23, strike ``30 percent of the 
     voting'' and insert ``15 percent of the''.
       On page 552, line 5, strike ``REQUIREMENT'' and insert 
     ``REQUIREMENTS''.
       On page 552, line 6, insert ``(a) Rural Business Investment 
     Companies.--'' before ``Each''.
       On page 552, between lines 19 and 20, insert the following:
       ``(b) Public Reports.--
       ``(1) In general.--The Secretary shall prepare and make 
     available to the public an annual report on the program 
     established under this subtitle, including detailed 
     information on--
       ``(A) the number of Rural Business Investment Companies 
     licensed by the Secretary during the previous fiscal year;
       ``(B) the aggregate amount of leverage that Rural Business 
     Investment Companies have received from the Federal 
     Government during the previous fiscal year;
       ``(C) the aggregate number of each type of leveraged 
     instruments used by Rural Business Investment Companies 
     during the previous fiscal year and how each number compares 
     to previous fiscal years;
       ``(D) the number of Rural Business Investment Company 
     licenses surrendered and the number of Rural Business 
     Investment Companies placed in liquidation during the 
     previous fiscal year, identifying the amount of leverage each 
     Rural Business Investment Company has received from the 
     Federal Government and the type of leverage instruments each 
     Rural Business Investment Company has used;
       ``(E) the amount of losses sustained by the Federal 
     Government as a result of operations under this subtitle 
     during the previous fiscal year and an estimate of the total 
     losses that the Federal Government can reasonably expect to 
     incur as a result of the operations during the current fiscal 
     year;
       ``(F) actions taken by the Secretary to maximize recoupment 
     of funds of the Federal Government incurred to implement and 
     administer the Rural Business Investment Program under this 
     subtitle during the previous fiscal year and to ensure 
     compliance with the requirements of this subtitle (including 
     regulations);
       ``(G) the amount of Federal Government leverage that each 
     licensee received in the previous fiscal year and the types 
     of leverage instruments each licensee used;
       ``(H) for each type of financing instrument, the sizes, 
     types of geographic locations, and other characteristics of 
     the small business investment companies using the instrument 
     during the previous fiscal year, including the extent to 
     which the investment companies have used the leverage from 
     each instrument to make loans or equity investments in rural 
     areas; and
       ``(I) the actions of the Secretary to carry out this 
     subtitle.
       ``(2) Prohibition.--In compiling the report required under 
     paragraph (1), the Secretary may not--
       ``(A) compile the report in a manner that permits 
     identification of any particular type of investment by an 
     individual Rural Business Investment Company or small 
     business concern in which a Rural Business Investment Company 
     invests; and
       ``(B) may not release any information that is prohibited 
     under section 1905 of title 18, United States Code.
       On page 568, strike line 5 and insert the following:
       ``(C) Waiver for indian tribes.--The Secretary may, at the 
     request of an Indian tribe, waive the requirement under 
     subparagraph (B)(ii) with respect to an application submitted 
     by the Indian tribe for multiple eligible rural areas under 
     the jurisdiction of the Indian tribe.
       ``(D) Amount of endowment grants.--
       On page 568, line 13, insert ``or Indian tribe'' before the 
     period at the end.
       On page 569, strike lines 24 and 25 and insert the 
     following:
     may receive a supplemental grant in an amount of--
       ``(A) not more than $100,000; or
       ``(B) in the case of a regional application approved under 
     a waiver by the Secretary under subsection (b)(2)(C), not 
     more than $200,000.
       On page 576, line 9, insert ``or poor Indian tribe'' after 
     ``area''.
       On page 582, line 17, strike ``grant'' and insert ``grant, 
     loan, or loan guarantee''.
       On page 582, strike lines 18 through 20 and insert the 
     following:
       ``(1) be able to furnish, improve, or extend a broadband 
     service to an eligible rural community; and
       On page 586, strike line 3 and insert the following:
       ``(k) Grants for Planning and Feasibility Studies on 
     Broadband Deployment.--
       ``(1) In general.--In addition to any other grants, loans, 
     or loan guarantees made under this section, the Secretary 
     shall make grants to eligible entities specified in paragraph 
     (2) for planning and feasibility studies carried out by those 
     entities on the deployment of broadband services in the areas 
     served by those entities.
       ``(2) Eligible entities.--The entities eligible for grants 
     under this subsection are--
       ``(A) State governments;
       ``(B) local governments (including consortia of local 
     governments);
       ``(C) tribal governments;
       ``(D) telecommunications cooperatives; and
       ``(E) appropriate State and regional nonprofit entities (as 
     determined by the Secretary).
       ``(3) Eligibility criteria.--
       ``(A) In general.--The Secretary shall establish criteria 
     for eligibility for grants under this subsection, including 
     criteria for the scope of the planning and feasibility 
     studies to be carried out with grants under this subsection.
       ``(B) Contribution by grantee.--An entity may not be 
     awarded a grant under this subsection unless the entity 
     agrees to contribute (out of funds other than the grant 
     amount) to the planning and feasibility study to be funded by 
     the grant an amount equal to the amount of the grant.
       ``(4) Application.--An entity seeking a grant under this 
     subsection shall submit to the Secretary an application for 
     the grant that is in such form, and that contains such 
     information, as the Secretary shall require.
       ``(5) Use of grant amounts.--
       ``(A) In general.--Subject to subparagraph (B), an entity 
     that receives a grant under this subsection shall use the 
     grant amount for planning and feasibility studies on the 
     deployment of broadband services in the area of--
       ``(i) an Indian tribe;
       ``(ii) a local government;
       ``(iii) a State;
       ``(iv) a region of a State; or
       ``(v) a region of States.
       ``(B) Limitation.--Grant amounts under this subsection may 
     not be used for the construction of buildings or other 
     facilities, the acquisition or improvement of existing 
     buildings or facilities, or the leasing of office space.
       ``(6) Limitation on grant amounts.--
       ``(A) Statewide grants.--The amount of the grants made 
     under this subsection in or with respect to any State in any 
     fiscal year may not exceed $250,000.
       ``(B) Local government, regional, or tribal grants.--The 
     amount of the grants

[[Page S760]]

     made under this subsection in or with respect to any local 
     government, region, or tribal government in any fiscal year 
     may not exceed $100,000.
       ``(7) Reservation of funds for grants.--
       ``(A) In general.--For each fiscal year, up to 3 percent of 
     the funds made available to carry out this section for the 
     fiscal year shall be reserved for grants under this 
     subsection.
       ``(B) Release.--Funds reserved under subparagraph (A) for a 
     fiscal year shall be reserved only until April 1 of the 
     fiscal year.
       ``(8) Supplement not supplant.--
       ``(A) In general.--Eligibility for a grant under this 
     subsection shall not affect eligibility for a grant, loan, or 
     loan guarantee under another subsection of this section.
       ``(B) Considerations.--The Secretary shall not take into 
     account the award of a grant under this subsection, or the 
     award of a grant, loan, or loan guarantee under another 
     subsection of this section, in awarding a grant, loan, or 
     loan guarantee under this subsection or another subsection of 
     this section, as the case may be.
       ``(l) Termination of Authority.--
       On page 589, line 10, strike ``or'' at the end.
       On page 589, line 14, strike the period at the end and 
     insert ``; or''.
       On page 589, between lines 14 and 15, insert the following:
       ``(iii) to create, expand, or operate value-added 
     processing in an area described in paragraph (3)(B)(ii) in 
     connection with production agriculture.
       On page 589, strike lines 19 through 21 and insert the 
     following:
       ``(B) Priority.--The Secretary shall give priority to--
       ``(i) grant proposals for less than $200,000 submitted 
     under this subsection; and
       ``(ii) grant proposals submitted by an eligible nonprofit 
     entity with a principal office that is located--

       ``(I) on land of an existing or former Native American 
     reservation; and
       ``(II) in a city, town, or unincorporated area that has a 
     population of no more than 5,000 inhabitants.

       On page 615, strike lines 4 through 6 and insert the 
     following:
       Section 306(a)(11)(D) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1926(a)(11)(D)) is amended--
       (1) by striking ``$7,500,000'' and inserting 
     ``$15,000,000''; and
       (2) by striking ``2002'' and inserting ``2006''.
       Beginning on page 613, strike line 7 and all that follows 
     through page 615, line 2, and insert the following:
       ``(B) Revolving funds for financing water and wastewater 
     projects.--
       ``(i) In general.--The Secretary may make grants to 
     qualified private, nonprofit entities to capitalize revolving 
     funds for the purpose of providing financing to eligible 
     entities for--

       ``(I) predevelopment costs associated with proposed water 
     and wastewater projects or with existing water and wastewater 
     systems; and
       ``(II) short-term costs incurred for replacement equipment, 
     small-scale extension services, or other small capital 
     projects that are not part of the regular operations and 
     maintenance activities of existing water and wastewater 
     systems.

       ``(ii) Eligible entities.--To be eligible to obtain 
     financing from a revolving fund under clause (i), an eligible 
     entity shall be eligible to obtain a loan, loan guarantee, or 
     grant under paragraph (1) or this paragraph.
       ``(iii) Maximum amount of financing.--The amount of 
     financing made to an eligible entity under this subparagraph 
     shall not exceed--

       ``(I) $100,000 for costs described in clause (i)(I); and
       ``(II) $100,000 for costs described in clause (i)(II).

       ``(iv) Term.--The term of financing provided to an eligible 
     entity under this subparagraph shall not exceed 10 years.
       ``(v) Administration.--The Secretary shall limit the amount 
     of grant funds that may be used by a grant recipient for 
     administrative costs incurred under this subparagraph.
       ``(vi) Annual report.--A nonprofit entity receiving a grant 
     under this subparagraph shall submit an annual report to the 
     Secretary that describes the number and size of communities 
     served and the type of financing provided.
       ``(vii) Authorization of appropriations.--There is 
     authorized to be appropriated to carry out this subparagraph 
     $30,000,000 for each of fiscal years 2002 through 2006.''.
       On page 624, after line 24, add the following:

     SEC. 6____. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY 
                   FACILITIES.

       Section 306(a) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1926(a)) (as amended by section 
     6____) is amended by adding at the end the following:
       ``(27) Tribal college and university essential community 
     facilities.--
       ``(A) In general.--The Secretary may make grants to tribal 
     colleges and universities (as defined in section 316 of the 
     Higher Education Act of 1965 (20 U.S.C. 1059c)) to provide 
     the Federal share of the cost of developing specific tribal 
     college or university essential community facilities in rural 
     areas.
       ``(B) Federal share.--
       ``(i) In general.--Except as provided in clauses (ii) and 
     (iii), the Secretary shall, by regulation, establish the 
     maximum percentage of the cost of the facility that may be 
     covered by a grant under this paragraph.
       ``(ii) Maximum amount.--The amount of a grant provided 
     under this paragraph for a facility shall not exceed 75 
     percent of the cost of developing the facility.
       ``(iii) Graduated scale.--The Secretary shall provide for a 
     graduated scale of the percentages of the cost covered by a 
     grant made under this paragraph, with higher percentages for 
     facilities in communities that have lower community 
     population and income levels, as determined by the Secretary.
       ``(C) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $10,000,000 
     for each of fiscal years 2003 through 2006.''.
       On page 626, between lines 5 and 6, insert the following:

     SEC. 6____. RURAL BUSINESS ENTERPRISE GRANTS.

       Section 310B(c)(1) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932(c)(1)) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) Grants.--The Secretary''; and
       (2) by adding at the end the following:
       ``(B) Small and emerging private business enterprises.--
       ``(i) In general.--For the purpose of subparagraph (A), a 
     small and emerging private business enterprise shall include 
     (regardless of the number of employees or operating capital 
     of the enterprise) an eligible nonprofit entity, or other tax 
     exempt organization, with a principal office in an area that 
     is located--

       ``(I) on land of an existing or former Native American 
     reservation; and
       ``(II) in a city, town, or unincorporated area that has a 
     population of no more than 5,000 inhabitants.

       ``(ii) Use of grant.--An eligible nonprofit entity, or 
     other tax exempt organization, described in clause (i) may 
     use assistance provided under this paragraph to create, 
     expand, or operate value-added processing in an area 
     described in clause (i) in connection with production 
     agriculture.
       ``(iii) Priority.--In making grants under this paragraph, 
     the Secretary shall give priority to grants that will be used 
     to provide assistance to eligible nonprofit entities and 
     other tax exempt organizations described in clause (i).''.
       On page 626, strike lines 7 through 9 and insert the 
     following:
       Section 310B(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932(e)) is amended--
       (1) in paragraph (5)(F), before the period at the end the 
     following: ``, except that the Secretary shall not require 
     non-Federal financial support in an amount that is greater 
     than 5 percent in the case of a 1994 institution (as defined 
     in section 532 of the Equity in Educational Land-Grant Status 
     Act of 1994 (7 U.S.C. 301 note; Public Law 103-382))''; and
       (2) in paragraph (9), by striking ``2002'' and inserting 
     ``2006''.
       On page 630, line 7, strike ``default'' and insert 
     ``payment default, or the collateral has not been 
     converted,''.
       On page 638, strike lines 21 through 25 and insert the 
     following:
       ``(F) Rural entrepreneurs and microenterprise assistance 
     program; national rural cooperative and business equity fund; 
     rural business investment program.--In section 378 and 
     subtitles G and H, the term `rural area' means an area that 
     is located--
       On page 639, between lines 14 and 15, insert the following:
       (3) Section 735 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 1999 (112 Stat. 2681-29) is repealed.
       On page 650, strike lines 8 through 11 and insert the 
     following:
       ``(4) 1 representative of the Secretary of the Interior;
       ``(5) 1 representative of the Secretary of Transportation; 
     and
       ``(6) representatives of such other Federal agencies as the 
     Secretary may designate.
       On page 664, strike lines 4 through 13 and insert the 
     following:

     SEC. 6____. GRANTS FOR TRAINING FARM WORKERS.

       Subtitle D of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1981 et seq.) (as amended by section 6____) is 
     amended by adding at the end the following:

     ``SEC. 379E. GRANTS FOR TRAINING FARM WORKERS.

       ``(a) Definition of Eligible Organization.--In this 
     section, the term `eligible organization' means--
       ``(1) a nonprofit organization; or
       ``(2) a consortium of nonprofit organizations, 
     agribusinesses, State and local governments, agricultural 
     labor organizations, farmer cooperatives, or community-based 
     organizations
     that has the ability to train farm workers.
       ``(b) Grants.--The Secretary shall make grants to eligible 
     organizations to provide training to farm workers--
       ``(1) on the use of technology in agriculture; and
       ``(2) to develop the specialized skills necessary to 
     produce higher value crops.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2002 through 2006.''.
       On page 664, strike line 14 and insert the following:

     SEC. 6____. DELTA REGIONAL AUTHORITY.

       (a) Supplements to Federal Grant Programs.--Section 382D of 
     the Consolidated

[[Page S761]]

     Farm and Rural Development Act (7 U.S.C. 2009aa-3) is amended 
     to read as follows:

     ``SEC. 382D. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.

       ``(a) Finding.--Congress finds that certain States and 
     local communities of the region, including local development 
     districts, may be unable to take maximum advantage of Federal 
     grant programs for which the States and communities are 
     eligible because--
       ``(1) they lack the economic resources to provide the 
     required matching share; or
       ``(2) there are insufficient funds available under the 
     applicable Federal law authorizing the Federal grant program 
     to meet pressing needs of the region.
       ``(b) Federal Grant Program Funding.--Notwithstanding any 
     provision of law limiting the Federal share, the areas 
     eligible for assistance, or the authorizations of 
     appropriations, under any Federal grant program, and in 
     accordance with subsection (c), the Authority, with the 
     approval of the Federal cochairperson and with respect to a 
     project to be carried out in the region, may--
       ``(1) increase the Federal share of the costs of a project 
     under any Federal grant program to not more than 90 percent 
     (except as provided in section 382F(b)); and
       ``(2) use amounts made available to carry out this subtitle 
     to pay all or a portion of the increased Federal share.
       ``(c) Certifications.--
       ``(1) In general.--In the case of any project for which all 
     or any portion of the basic Federal share of the costs of the 
     project is proposed to be paid under this section, no Federal 
     contribution shall be made until the Federal official 
     administering the Federal law that authorizes the Federal 
     grant program certifies that the project--
       ``(A) meets (except as provided in subsection (b)) the 
     applicable requirements of the applicable Federal grant 
     program; and
       ``(B) could be approved for Federal contribution under the 
     Federal grant program if funds were available under the law 
     for the project.
       ``(2) Certification by authority.--
       ``(A) In general.--The certifications and determinations 
     required to be made by the Authority for approval of projects 
     under this Act in accordance with section 382I--
       ``(i) shall be controlling; and
       ``(ii) shall be accepted by the Federal agencies.
       ``(B) Acceptance by federal cochairperson.--In the case of 
     any project described in paragraph (1), any finding, report, 
     certification, or documentation required to be submitted with 
     respect to the project to the head of the department, agency, 
     or instrumentality of the Federal Government responsible for 
     the administration of the Federal grant program under which 
     the project is carried out shall be accepted by the Federal 
     cochairperson.''.
       On page 664, line 15, strike ``(a)'' and insert ``(b)''.
       On page 664, line 19, strike ``(b)'' and insert ``(c)''.
       On page 664, after line 22, insert the following:
       (d) Delta Region Agricultural Economic Development.--
     Subtitle D of the Consolidated Farm and Rural Development Act 
     (7 U.S.C. 1981 et seq.) (as amended by section 6____) is 
     amended by adding at the end the following:

     ``SEC. 379F. DELTA REGION AGRICULTURAL ECONOMIC DEVELOPMENT.

       ``(a) In General.--The Secretary may make grants to assist 
     in the development of state-of-the-art technology in animal 
     nutrition (including research and development of the 
     technology) and value-added manufacturing to promote an 
     economic platform for the Delta region (as defined in section 
     382A) to relieve severe economic conditions.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $7,000,000 for each of fiscal years 2002 through 2006.''.
       (e) Definition of Lower Mississippi.--Section 4(2)(I) of 
     the Delta Development Act (42 U.S.C. 3121 note; Public Law 
     100-460) is amended by inserting ``Butler, Conecuh, Escambia, 
     Monroe,'' after ``Russell,''.
       Beginning on page 675, strike line 17 and all that follows 
     through page 708, line 12, and insert the following:

     SEC. 6____. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.

       The Consolidated Farm and Rural Development Act (as amended 
     by section 6____) is amended by adding at the end the 
     following:

         ``Subtitle K--Northern Great Plains Regional Authority

     ``SEC. 387A. DEFINITIONS.

       ``In this subtitle:
       ``(1) Authority.--The term `Authority' means the Northern 
     Great Plains Regional Authority established by section 387B.
       ``(2) Federal grant program.--The term `Federal grant 
     program' means a Federal grant program to provide assistance 
     in--
       ``(A) implementing the recommendations of the Northern 
     Great Plains Rural Development Commission established by the 
     Northern Great Plains Rural Development Act (7 U.S.C. 2661 
     note; Public Law 103-318);
       ``(B) acquiring or developing land;
       ``(C) constructing or equipping a highway, road, bridge, or 
     facility;
       ``(D) carrying out other economic development activities; 
     or
       ``(E) conducting research activities related to the 
     activities described in subparagraphs (A) through (D).
       ``(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) Region.--The term `region' means the States of Iowa, 
     Minnesota, Nebraska, North Dakota, and South Dakota.

     ``SEC. 387B. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.

       ``(a) Establishment.--
       ``(1) In general.--There is established the Northern Great 
     Plains Regional Authority.
       ``(2) Composition.--The Authority shall be composed of--
       ``(A) a Federal member, to be appointed by the President, 
     by and with the advice and consent of the Senate;
       ``(B) the Governor (or a designee of the Governor) of each 
     State in the region that elects to participate in the 
     Authority; and
       ``(C) a member of an Indian tribe, who shall be a 
     chairperson of an Indian tribe in the region or a designee of 
     such a chairperson, to be appointed by the President, by and 
     with the advice and consent of the Senate.
       ``(3) Cochairpersons.--The Authority shall be headed by--
       ``(A) the Federal member, who shall serve--
       ``(i) as the Federal cochairperson; and
       ``(ii) as a liaison between the Federal Government and the 
     Authority;
       ``(B) a State cochairperson, who--
       ``(i) shall be a Governor of a participating State in the 
     region; and
       ``(ii) shall be elected by the State members for a term of 
     not less than 1 year; and
       ``(C) the member of an Indian tribe, who shall serve--
       ``(i) as the tribal cochairperson; and
       ``(ii) as a liaison between the governments of Indian 
     tribes in the region and the Authority.
       ``(b) Alternate Members.--
       ``(1) Alternate federal cochairperson.--The President shall 
     appoint an alternate Federal cochairperson.
       ``(2) State alternates.--
       ``(A) In general.--The State member of a participating 
     State may have a single alternate, who shall be--
       ``(i) a resident of that State; and
       ``(ii) appointed by the Governor of the State.
       ``(B) Quorum.--A State alternate member shall not be 
     counted toward the establishment of a quorum of the members 
     of the Authority in any case in which a quorum of the State 
     members is required to be present.
       ``(3) Alternate tribal cochairperson.--The President shall 
     appoint an alternate tribal cochairperson, by and with the 
     advice and consent of the Senate.
       ``(4) Delegation of power.--No power or responsibility of 
     the Authority specified in paragraphs (2) and (3) of 
     subsection (c), and no voting right of any member of the 
     Authority, shall be delegated to any person who is not--
       ``(A) a member of the Authority; or
       ``(B) entitled to vote in Authority meetings.
       ``(c) Voting.--
       ``(1) In general.--A decision by the Authority shall 
     require a majority vote of the Authority (not including any 
     member representing a State that is delinquent under 
     subsection (g)(2)(D)) to be effective.
       ``(2) Quorum.--A quorum of State members shall be required 
     to be present for the Authority to make any policy decision, 
     including--
       ``(A) a modification or revision of an Authority policy 
     decision;
       ``(B) approval of a State or regional development plan; and
       ``(C) any allocation of funds among the States.
       ``(3) Project and grant proposals.--The approval of project 
     and grant proposals shall be--
       ``(A) a responsibility of the Authority; and
       ``(B) conducted in accordance with section 387I.
       ``(4) Voting by alternate members.--An alternate member 
     shall vote in the case of the absence, death, disability, 
     removal, or resignation of the Federal, State, or Indian 
     tribe member for whom the alternate member is an alternate.
       ``(d) Duties.--The Authority shall--
       ``(1) develop, on a continuing basis, comprehensive and 
     coordinated plans and programs to establish priorities and 
     approve grants for the economic development of the region, 
     giving due consideration to other Federal, State, tribal, and 
     local planning and development activities in the region;
       ``(2) not later than 220 days after the date of enactment 
     of this subtitle, establish priorities in a development plan 
     for the region (including 5-year regional outcome targets);
       ``(3) assess the needs and assets of the region based on 
     available research, demonstrations, investigations, 
     assessments, and evaluations of the region prepared by 
     Federal, State, tribal, and local agencies, universities, 
     local development districts, and other nonprofit groups;
       ``(4) formulate and recommend to the Governors and 
     legislatures of States that participate in the Authority 
     forms of interstate cooperation;
       ``(5) work with State, tribal, and local agencies in 
     developing appropriate model legislation;
       ``(6)(A) enhance the capacity of, and provide support for, 
     local development districts in the region; or

[[Page S762]]

       ``(B) if no local development district exists in an area in 
     a participating State in the region, foster the creation of a 
     local development district;
       ``(7) encourage private investment in industrial, 
     commercial, and other economic development projects in the 
     region; and
       ``(8) cooperate with and assist State governments with 
     economic development programs of participating States.
       ``(e) Administration.--In carrying out subsection (d), the 
     Authority may--
       ``(1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and print 
     or otherwise reproduce and distribute a description of the 
     proceedings and reports on actions by the Authority as the 
     Authority considers appropriate;
       ``(2) authorize, through the Federal, State, or tribal 
     cochairperson or any other member of the Authority designated 
     by the Authority, the administration of oaths if the 
     Authority determines that testimony should be taken or 
     evidence received under oath;
       ``(3) request from any Federal, State, tribal, or local 
     agency such information as may be available to or procurable 
     by the agency that may be of use to the Authority in carrying 
     out the duties of the Authority;
       ``(4) adopt, amend, and repeal bylaws and rules governing 
     the conduct of business and the performance of duties of the 
     Authority;
       ``(5) request the head of any Federal agency to detail to 
     the Authority such personnel as the Authority requires to 
     carry out duties of the Authority, each such detail to be 
     without loss of seniority, pay, or other employee status;
       ``(6) request the head of any State agency, tribal 
     government, or local government to detail to the Authority 
     such personnel as the Authority requires to carry out duties 
     of the Authority, each such detail to be without loss of 
     seniority, pay, or other employee status;
       ``(7) provide for coverage of Authority employees in a 
     suitable retirement and employee benefit system by--
       ``(A) making arrangements or entering into contracts with 
     any participating State government or tribal government; or
       ``(B) otherwise providing retirement and other employee 
     benefit coverage;
       ``(8) accept, use, and dispose of gifts or donations of 
     services or real, personal, tangible, or intangible property;
       ``(9) enter into and perform such contracts, leases, 
     cooperative agreements, or other transactions as are 
     necessary to carry out Authority duties, including any 
     contracts, leases, or cooperative agreements with--
       ``(A) any department, agency, or instrumentality of the 
     United States;
       ``(B) any State (including a political subdivision, agency, 
     or instrumentality of the State);
       ``(C) any Indian tribe in the region; or
       ``(D) any person, firm, association, or corporation; and
       ``(10) establish and maintain a central office and field 
     offices at such locations as the Authority may select.
       ``(f) Federal Agency Cooperation.--A Federal agency shall--
       ``(1) cooperate with the Authority; and
       ``(2) provide, on request of the Federal cochairperson, 
     appropriate assistance in carrying out this subtitle, in 
     accordance with applicable Federal laws (including 
     regulations).
       ``(g) Administrative Expenses.--
       ``(1) Federal share.--The Federal share of the 
     administrative expenses of the Authority shall be--
       ``(A) for fiscal year 2002, 100 percent;
       ``(B) for fiscal year 2003, 75 percent; and
       ``(C) for fiscal year 2004 and each fiscal year thereafter, 
     50 percent.
       ``(2) Non-federal share.--
       ``(A) In general.--The non-Federal share of the 
     administrative expenses of the Authority shall be paid by 
     non-Federal sources in the States that participate in the 
     Authority.
       ``(B) Share paid by each state.--The share of 
     administrative expenses of the Authority to be paid by non-
     Federal sources in each State shall be determined by the 
     Authority.
       ``(C) No federal participation.--The Federal cochairperson 
     shall not participate or vote in any decision under 
     subparagraph (B).
       ``(D) Delinquent states.--If a State is delinquent in 
     payment of the State's share of administrative expenses of 
     the Authority under this subsection--
       ``(i) no assistance under this subtitle shall be provided 
     to the State (including assistance to a political subdivision 
     or a resident of the State); and
       ``(ii) no member of the Authority from the State shall 
     participate or vote in any action by the Authority.
       ``(h) Compensation.--
       ``(1) Federal and tribal cochairpersons.--The Federal 
     cochairperson and the tribal cochairperson shall be 
     compensated by the Federal Government at the annual rate of 
     basic pay prescribed for level III of the Executive Schedule 
     in subchapter II of chapter 53 of title 5, United States 
     Code.
       ``(2) Alternate federal and tribal cochairpersons.--The 
     alternate Federal cochairperson and the alternate tribal 
     cochairperson--
       ``(A) shall be compensated by the Federal Government at the 
     annual rate of basic pay prescribed for level V of the 
     Executive Schedule described in paragraph (1); and
       ``(B) when not actively serving as an alternate, shall 
     perform such functions and duties as are delegated by the 
     Federal cochairperson or the tribal cochairperson, 
     respectively.
       ``(3) State members and alternates.--
       ``(A) In general.--A State shall compensate each member and 
     alternate representing the State on the Authority at the rate 
     established by State law.
       ``(B) No additional compensation.--No State member or 
     alternate member shall receive any salary, or any 
     contribution to or supplementation of salary from any source 
     other than the State for services provided by the member or 
     alternate member to the Authority.
       ``(4) Detailed employees.--
       ``(A) In general.--No person detailed to serve the 
     Authority under subsection (e)(6) shall receive any salary or 
     any contribution to or supplementation of salary for services 
     provided to the Authority from--
       ``(i) any source other than the State, tribal, local, or 
     intergovernmental agency from which the person was detailed; 
     or
       ``(ii) the Authority.
       ``(B) Violation.--Any person that violates this paragraph 
     shall be fined not more than $5,000, imprisoned not more than 
     1 year, or both.
       ``(C) Applicable law.--The Federal cochairperson, the 
     alternate Federal cochairperson, and any Federal officer or 
     employee detailed to duty on the Authority under subsection 
     (e)(5) shall not be subject to subparagraph (A), but shall 
     remain subject to sections 202 through 209 of title 18, 
     United States Code.
       ``(5) Additional personnel.--
       ``(A) Compensation.--
       ``(i) In general.--The Authority may appoint and fix the 
     compensation of an executive director and such other 
     personnel as are necessary to enable the Authority to carry 
     out the duties of the Authority.
       ``(ii) Exception.--Compensation under clause (i) shall not 
     exceed the maximum rate for the Senior Executive Service 
     under section 5382 of title 5, United States Code, including 
     any applicable locality-based comparability payment that may 
     be authorized under section 5304(h)(2)(C) of that title.
       ``(B) Executive director.--The executive director shall be 
     responsible for--
       ``(i) the carrying out of the administrative duties of the 
     Authority;
       ``(ii) direction of the Authority staff; and
       ``(iii) such other duties as the Authority may assign.
       ``(C) No federal employee status.--No member, alternate, 
     officer, or employee of the Authority (except the Federal 
     cochairperson of the Authority, the alternate and staff for 
     the Federal cochairperson, and any Federal employee detailed 
     to the Authority under subsection (e)(5)) shall be considered 
     to be a Federal employee for any purpose.
       ``(i) Conflicts of Interest.--
       ``(1) In general.--Except as provided under paragraph (2), 
     no State member, Indian tribe member, State alternate, 
     officer, or employee of the Authority shall participate 
     personally and substantially as a member, alternate, officer, 
     or employee of the Authority, through decision, approval, 
     disapproval, recommendation, the rendering of advice, 
     investigation, or otherwise, in any proceeding, application, 
     request for a ruling or other determination, contract, claim, 
     controversy, or other matter in which, to knowledge of the 
     member, alternate, officer, or employee--
       ``(A) the member, alternate, officer, or employee;
       ``(B) the spouse, minor child, partner, or organization 
     (other than a State or political subdivision of the State or 
     the Indian tribe) of the member, alternate, officer, or 
     employee, in which the member, alternate, officer, or 
     employee is serving as officer, director, trustee, partner, 
     or employee; or
       ``(C) any person or organization with whom the member, 
     alternate, officer, or employee is negotiating or has any 
     arrangement concerning prospective employment;
     has a financial interest.
       ``(2) Disclosure.--Paragraph (1) shall not apply if the 
     State member, Indian tribe member, alternate, officer, or 
     employee--
       ``(A) immediately advises the Authority of the nature and 
     circumstances of the proceeding, application, request for a 
     ruling or other determination, contract, claim, controversy, 
     or other particular matter presenting a potential conflict of 
     interest;
       ``(B) makes full disclosure of the financial interest; and
       ``(C) before the proceeding concerning the matter 
     presenting the conflict of interest, receives a written 
     determination by the Authority that the interest is not so 
     substantial as to be likely to affect the integrity of the 
     services that the Authority may expect from the State member, 
     Indian tribe member, alternate, officer, or employee.
       ``(3) Violation.--Any person that violates this subsection 
     shall be fined not more than $10,000, imprisoned not more 
     than 2 years, or both.
       ``(j) Validity of Contracts, Loans, and Grants.--The 
     Authority may declare void any contract, loan, or grant of or 
     by the Authority in relation to which the Authority 
     determines that there has been a violation of any provision 
     under subsection (h)(4) or subsection (i) of this subtitle, 
     or sections 202 through 209 of title 18, United States Code.

     ``SEC. 387C. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.

       ``(a) In General.--The Authority may approve grants to 
     States, Indian tribes, local

[[Page S763]]

     governments, and public and nonprofit organizations for 
     projects, approved in accordance with section 387I--
       ``(1) to develop the transportation and telecommunication 
     infrastructure of the region for the purpose of facilitating 
     economic development in the region (except that grants for 
     this purpose may be made only to States, Indian tribes, local 
     governments, and nonprofit organizations);
       ``(2) to assist the region in obtaining the job training, 
     employment-related education, and business development (with 
     an emphasis on entrepreneurship) that are needed to build and 
     maintain strong local economies;
       ``(3) to provide assistance to severely distressed and 
     underdeveloped areas that lack financial resources for 
     improving basic public services;
       ``(4) to provide assistance to severely distressed and 
     underdeveloped areas that lack financial resources for 
     equipping industrial parks and related facilities; and
       ``(5) to otherwise achieve the purposes of this subtitle.
       ``(b) Funding.--
       ``(1) In general.--Funds for grants under subsection (a) 
     may be provided--
       ``(A) entirely from appropriations to carry out this 
     section;
       ``(B) in combination with funds available under another 
     Federal grant program; or
       ``(C) from any other source.
       ``(2) Priority of funding.--To best build the foundations 
     for long-term economic development and to complement other 
     Federal, State, and tribal resources in the region, Federal 
     funds available under this subtitle shall be focused on the 
     activities in the following order or priority:
       ``(A) Basic public infrastructure in distressed counties 
     and isolated areas of distress.
       ``(B) Transportation and telecommunication infrastructure 
     for the purpose of facilitating economic development in the 
     region.
       ``(C) Business development, with emphasis on 
     entrepreneurship.
       ``(D) Job training or employment-related education, with 
     emphasis on use of existing public educational institutions 
     located in the region.
       ``(3) Federal share in grant programs.--Notwithstanding any 
     provision of law limiting the Federal share in any grant 
     program, funds appropriated to carry out this section may be 
     used to increase a Federal share in a grant program, as the 
     Authority determines appropriate.

     ``SEC. 387D. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.

       ``(a) Finding.--Congress finds that certain States and 
     local communities of the region, including local development 
     districts, may be unable to take maximum advantage of Federal 
     grant programs for which the States and communities are 
     eligible because--
       ``(1) they lack the economic resources to provide the 
     required matching share; or
       ``(2) there are insufficient funds available under the 
     applicable Federal law authorizing the Federal grant program 
     to meet pressing needs of the region.
       ``(b) Federal Grant Program Funding.--Notwithstanding any 
     provision of law limiting the Federal share, the areas 
     eligible for assistance, or the authorizations of 
     appropriations, under any Federal grant program, and in 
     accordance with subsection (c), the Authority, with the 
     approval of the Federal cochairperson and with respect to a 
     project to be carried out in the region, may--
       ``(1) increase the Federal share of the costs of a project 
     under any Federal grant program to not more than 90 percent 
     (except as provided in section 387F(b)); and
       ``(2) use amounts made available to carry out this subtitle 
     to pay all or a portion of the increased Federal share.
       ``(c) Certifications.--
       ``(1) In general.--In the case of any project for which all 
     or any portion of the basic Federal share of the costs of the 
     project is proposed to be paid under this section, no Federal 
     contribution shall be made until the Federal official 
     administering the Federal law that authorizes the Federal 
     grant program certifies that the project--
       ``(A) meets (except as provided in subsection (b)) the 
     applicable requirements of the applicable Federal grant 
     program; and
       ``(B) could be approved for Federal contribution under the 
     Federal grant program if funds were available under the law 
     for the project.
       ``(2) Certification by authority.--
       ``(A) In general.--The certifications and determinations 
     required to be made by the Authority for approval of projects 
     under this Act in accordance with section 387I--
       ``(i) shall be controlling; and
       ``(ii) shall be accepted by the Federal agencies.
       ``(B) Acceptance by federal cochairperson.--In the case of 
     any project described in paragraph (1), any finding, report, 
     certification, or documentation required to be submitted with 
     respect to the project to the head of the department, agency, 
     or instrumentality of the Federal Government responsible for 
     the administration of the Federal grant program under which 
     the project is carried out shall be accepted by the Federal 
     cochairperson.

     ``SEC. 387E. LOCAL DEVELOPMENT DISTRICTS AND ORGANIZATIONS 
                   AND NORTHERN GREAT PLAINS INC.

       ``(a) Definition of Local Development District.--In this 
     section, the term `local development district' means an 
     entity--
       ``(1) that--
       ``(A) is a planning district in existence on the date of 
     enactment of this subtitle that is recognized by the Economic 
     Development Administration of the Department of Commerce; or
       ``(B) is--
       ``(i) organized and operated in a manner that ensures 
     broad-based community participation and an effective 
     opportunity for other nonprofit groups to contribute to the 
     development and implementation of programs in the region;
       ``(ii) governed by a policy board with at least a simple 
     majority of members consisting of--

       ``(I) elected officials or employees of a general purpose 
     unit of local government who have been appointed to represent 
     the government; or
       ``(II) individuals appointed by the general purpose unit of 
     local government to represent the government;

       ``(iii) certified to the Authority as having a charter or 
     authority that includes the economic development of counties 
     or parts of counties or other political subdivisions within 
     the region--

       ``(I) by the Governor of each State in which the entity is 
     located; or
       ``(II) by the State officer designated by the appropriate 
     State law to make the certification; and

       ``(iv)(I) a nonprofit incorporated body organized or 
     chartered under the law of the State in which the entity is 
     located;
       ``(II) a nonprofit agency or instrumentality of a State or 
     local government;
       ``(III) a public organization established before the date 
     of enactment of this subtitle under State law for creation of 
     multi-jurisdictional, area-wide planning organizations; or
       ``(IV) a nonprofit association or combination of bodies, 
     agencies, and instrumentalities described in subclauses (I) 
     through (III); and
       ``(2) that has not, as certified by the Federal 
     cochairperson--
       ``(A) inappropriately used Federal grant funds from any 
     Federal source; or
       ``(B) appointed an officer who, during the period in which 
     another entity inappropriately used Federal grant funds from 
     any Federal source, was an officer of the other entity.
       ``(b) Grants to Local Development Districts.--
       ``(1) In general.--The Authority may make grants for 
     administrative expenses under this section.
       ``(2) Conditions for grants.--
       ``(A) Maximum amount.--The amount of any grant awarded 
     under paragraph (1) shall not exceed 80 percent of the 
     administrative expenses of the local development district 
     receiving the grant.
       ``(B) Maximum period.--No grant described in paragraph (1) 
     shall be awarded to a State agency certified as a local 
     development district for a period greater than 3 years.
       ``(C) Local share.--The contributions of a local 
     development district for administrative expenses may be in 
     cash or in kind, fairly evaluated, including space, 
     equipment, and services.
       ``(c) Duties of Local Development Districts.--A local 
     development district shall--
       ``(1) operate as a lead organization serving multicounty 
     areas in the region at the local level; and
       ``(2) serve as a liaison between State, tribal, and local 
     governments, nonprofit organizations (including community-
     based groups and educational institutions), the business 
     community, and citizens that--
       ``(A) are involved in multijurisdictional planning;
       ``(B) provide technical assistance to local jurisdictions 
     and potential grantees; and
       ``(C) provide leadership and civic development assistance.
       ``(d) Northern Great Plains Inc.--Northern Great Plains 
     Inc., a nonprofit corporation incorporated in the State of 
     Minnesota to implement the recommendations of the Northern 
     Great Plains Rural Development Commission established by the 
     Northern Great Plains Rural Development Act (7 U.S.C. 2661 
     note; Public Law 103-318)--
       ``(1) shall serve as an independent, primary resource for 
     the Authority on issues of concern to the region;
       ``(2) shall advise the Authority on development of 
     international trade;
       ``(3) may provide research, education, training, and other 
     support to the Authority; and
       ``(4) may carry out other activities on its own behalf or 
     on behalf of other entities.

     ``SEC. 387F. DISTRESSED COUNTIES AND AREAS AND NONDISTRESSED 
                   COUNTIES.

       ``(a) Designations.--Not later than 90 days after the date 
     of enactment of this subtitle, and annually thereafter, the 
     Authority, in accordance with such criteria as the Authority 
     may establish, shall designate--
       ``(1) as distressed counties, counties in the region that 
     are the most severely and persistently distressed and 
     underdeveloped and have high rates of poverty, unemployment, 
     or outmigration;
       ``(2) as nondistressed counties, counties in the region 
     that are not designated as distressed counties under 
     paragraph (1); and
       ``(3) as isolated areas of distress, areas located in 
     nondistressed counties (as designated under paragraph (2)) 
     that have high rates of poverty, unemployment, or 
     outmigration.
       ``(b) Distressed Counties.--

[[Page S764]]

       ``(1) In general.--The Authority shall allocate at least 75 
     percent of the appropriations made available under section 
     387M for programs and projects designed to serve the needs of 
     distressed counties and isolated areas of distress in the 
     region.
       ``(2) Funding limitations.--The funding limitations under 
     section 387D(b) shall not apply to a project to provide 
     transportation or telecommunication or basic public services 
     to residents of 1 or more distressed counties or isolated 
     areas of distress in the region.
       ``(c) Nondistressed Counties.--
       ``(1) In general.--Except as provided in this subsection, 
     no funds shall be provided under this subtitle for a project 
     located in a county designated as a nondistressed county 
     under subsection (a)(2).
       ``(2) Exceptions.--
       ``(A) In general.--The funding prohibition under paragraph 
     (1) shall not apply to grants to fund the administrative 
     expenses of local development districts under section 
     387E(b).
       ``(B) Multicounty projects.--The Authority may waive the 
     application of the funding prohibition under paragraph (1) 
     to--
       ``(i) a multicounty project that includes participation by 
     a nondistressed county; or
       ``(ii) any other type of project;
     if the Authority determines that the project could bring 
     significant benefits to areas of the region outside a 
     nondistressed county.
       ``(C) Isolated areas of distress.--For a designation of an 
     isolated area of distress for assistance to be effective, the 
     designation shall be supported--
       ``(i) by the most recent Federal data available; or
       ``(ii) if no recent Federal data are available, by the most 
     recent data available through the government of the State in 
     which the isolated area of distress is located.
       ``(d) Transportation, Telecommunication, and Basic Public 
     Infrastructure.--The Authority shall allocate at least 50 
     percent of any funds made available under section 387M for 
     transportation, telecommunication, and basic public 
     infrastructure projects authorized under paragraphs (1) and 
     (3) of section 387C(a).

     ``SEC. 387G. DEVELOPMENT PLANNING PROCESS.

       ``(a) State Development Plan.--In accordance with policies 
     established by the Authority, each State member shall submit 
     a development plan for the area of the region represented by 
     the State member.
       ``(b) Content of Plan.--A State development plan submitted 
     under subsection (a) shall reflect the goals, objectives, and 
     priorities identified in the regional development plan 
     developed under section 387B(d)(2).
       ``(c) Consultation With Interested Local Parties.--In 
     carrying out the development planning process (including the 
     selection of programs and projects for assistance), a State 
     may--
       ``(1) consult with--
       ``(A) local development districts; and
       ``(B) local units of government; and
       ``(2) take into consideration the goals, objectives, 
     priorities, and recommendations of the entities described in 
     paragraph (1).
       ``(d) Public Participation.--
       ``(1) In general.--The Authority and applicable State and 
     local development districts shall encourage and assist, to 
     the maximum extent practicable, public participation in the 
     development, revision, and implementation of all plans and 
     programs under this subtitle.
       ``(2) Regulations.--The Authority shall develop guidelines 
     for providing public participation described in paragraph 
     (1), including public hearings.

     ``SEC. 387H. PROGRAM DEVELOPMENT CRITERIA.

       ``(a) In General.--In considering programs and projects to 
     be provided assistance under this subtitle, and in 
     establishing a priority ranking of the requests for 
     assistance provided to the Authority, the Authority shall 
     follow procedures that ensure, to the maximum extent 
     practicable, consideration of--
       ``(1) the relationship of the project or class of projects 
     to overall regional development;
       ``(2) the per capita income and poverty and unemployment 
     and outmigration rates in an area;
       ``(3) the financial resources available to the applicants 
     for assistance seeking to carry out the project, with 
     emphasis on ensuring that projects are adequately financed to 
     maximize the probability of successful economic development;
       ``(4) the importance of the project or class of projects in 
     relation to other projects or classes of projects that may be 
     in competition for the same funds;
       ``(5) the prospects that the project for which assistance 
     is sought will improve, on a continuing rather than a 
     temporary basis, the opportunities for employment, the 
     average level of income, or the economic development of the 
     area to be served by the project; and
       ``(6) the extent to which the project design provides for 
     detailed outcome measurements by which grant expenditures and 
     the results of the expenditures may be evaluated.
       ``(b) No Relocation Assistance.--No financial assistance 
     authorized by this subtitle shall be used to assist a person 
     or entity in relocating from one area to another, except that 
     financial assistance may be used as otherwise authorized by 
     this title to attract businesses from outside the region to 
     the region.
       ``(c) Maintenance of Effort.--Funds may be provided for a 
     program or project in a State under this subtitle only if the 
     Authority determines that the level of Federal or State 
     financial assistance provided under a law other than this 
     subtitle, for the same type of program or project in the same 
     area of the State within the region, will not be reduced as a 
     result of funds made available by this subtitle.

     ``SEC. 387I. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.

       ``(a) In General.--A State or regional development plan or 
     any multistate subregional plan that is proposed for 
     development under this subtitle shall be reviewed by the 
     Authority.
       ``(b) Evaluation by State Member.--An application for a 
     grant or any other assistance for a project under this 
     subtitle shall be made through and evaluated for approval by 
     the State member of the Authority representing the applicant.
       ``(c) Certification.--An application for a grant or other 
     assistance for a project shall be approved only on 
     certification by the State member that the application for 
     the project--
       ``(1) describes ways in which the project complies with any 
     applicable State development plan;
       ``(2) meets applicable criteria under section 387H;
       ``(3) provides adequate assurance that the proposed project 
     will be properly administered, operated, and maintained; and
       ``(4) otherwise meets the requirements of this subtitle.
       ``(d) Votes for Decisions.--On certification by a State 
     member of the Authority of an application for a grant or 
     other assistance for a specific project under this section, 
     an affirmative vote of the Authority under section 387B(c) 
     shall be required for approval of the application.

     ``SEC. 387J. CONSENT OF STATES.

       ``Nothing in this subtitle requires any State to engage in 
     or accept any program under this subtitle without the consent 
     of the State.

     ``SEC. 387K. RECORDS.

       ``(a) Records of the Authority.--
       ``(1) In general.--The Authority shall maintain accurate 
     and complete records of all transactions and activities of 
     the Authority.
       ``(2) Availability.--All records of the Authority shall be 
     available for audit and examination by the Comptroller 
     General of the United States and the Inspector General of the 
     Department of Agriculture (including authorized 
     representatives of the Comptroller General and the Inspector 
     General of the Department of Agriculture).
       ``(b) Records of Recipients of Federal Assistance.--
       ``(1) In general.--A recipient of Federal funds under this 
     subtitle shall, as required by the Authority, maintain 
     accurate and complete records of transactions and activities 
     financed with Federal funds and report to the Authority on 
     the transactions and activities to the Authority.
       ``(2) Availability.--All records required under paragraph 
     (1) shall be available for audit by the Comptroller General 
     of the United States, the Inspector General of the Department 
     of Agriculture, and the Authority (including authorized 
     representatives of the Comptroller General, the Inspector 
     General of the Department of Agriculture, and the Authority).
       ``(c) Annual Audit.--The Inspector General of the 
     Department of Agriculture shall audit the activities, 
     transactions, and records of the Authority on an annual 
     basis.

     ``SEC. 387L. ANNUAL REPORT.

       ``Not later than 180 days after the end of each fiscal 
     year, the Authority shall submit to the President and to 
     Congress a report describing the activities carried out under 
     this subtitle.

     ``SEC. 387M. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to the Authority to carry out this subtitle $30,000,000 for 
     each of fiscal years 2002 through 2006, to remain available 
     until expended.
       ``(b) Administrative Expenses.--Not more than 5 percent of 
     the amount appropriated under subsection (a) for a fiscal 
     year shall be used for administrative expenses of the 
     Authority.
       ``(c) Minimum State Share of Grants.--Notwithstanding any 
     other provision of this subtitle, for any fiscal year, the 
     aggregate amount of grants received by a State and all 
     persons or entities in the State under this subtitle shall be 
     not less than \1/3\ of the product obtained by multiplying--
       ``(1) the aggregate amount of grants under this subtitle 
     for the fiscal year; and
       ``(2) the ratio that--
       ``(A) the population of the State (as determined by the 
     Secretary of Commerce based on the most recent decennial 
     census for which data are available); bears to
       ``(B) the population of the region (as so determined).

     ``SEC. 387N. TERMINATION OF AUTHORITY.

       ``The authority provided by this subtitle terminates 
     effective October 1, 2006.''.
       On page 711, strike lines 17 through 25.
       On page 716, strike lines 18 through 22.
       On page 716, line 23, strike ``(c)'' and insert ``(b)''.
       On page 737, lines 17 and 18, strike ``(including land and 
     facilities at the Beltsville Agricultural Research Center)''.
       Beginning on page 755, strike line 17 and all that follows 
     through page 756, line 15, and insert the following:
       (1) by redesignating subsections (e) through (g) as 
     subsections (f) through (h), respectively;

[[Page S765]]

       (2) by inserting after subsection (d) the following:
       ``(e) Grant Priority.--In selecting projects for which 
     grants shall be made under this section, the Secretary shall 
     give priority to public and private research or educational 
     institutions and organizations the goals of which include--
       ``(1) formation of interdisciplinary teams to review or 
     conduct research on the environmental effects of the release 
     of new genetically modified agricultural products;
       ``(2) conduct of studies relating to biosafety of 
     genetically modified agricultural products;
       ``(3) evaluation of the cost and benefit for development of 
     an identity preservation system for genetically modified 
     agricultural products;
       ``(4) establishment of international partnerships for 
     research and education on biosafety issues; or
       ``(5) formation of interdisciplinary teams to renew and 
     conduct research on the nutritional enhancement and 
     environmental benefits of genetically modified agricultural 
     products.''; and
       (3) in subsection (h) (as redesignated by paragraph (1)), 
     by striking paragraph (2) and inserting the following:
       ``(2) Withholding of outlays for research on biotechnology 
     risk assessment.--Of the amounts of outlays made under this 
     section or any other provision of law to carry out research 
     on biotechnology (as defined and determined by the Secretary 
     of Agriculture) for any fiscal year, the Secretary of 
     Agriculture shall withhold at least 3 percent for grants for 
     research on biotechnology risk assessment on all categories 
     identified by the Secretary of Agriculture as 
     biotechnology.''.
       On page 756, between lines 15 and 16, insert the following:

     SEC. 7____. RURAL ELECTRONIC COMMERCE EXTENSION PROGRAM.

       (a) Findings.--Congress finds that--
       (1) electronic commerce sales in 1998 were approximately 
     $100,000,000,000 and are expected to reach $1,300,000,000,000 
     by 2003;
       (2) electronic commerce presents an enormous opportunity 
     and challenge for small businesses, especially businesses in 
     rural areas;
       (3) while infrastructure for electronic commerce is growing 
     rapidly in rural areas, small businesses will not be able to 
     take advantage of the new technology without assistance;
       (4) while electronic commerce will give businesses new 
     markets and new ways of doing business, many small businesses 
     in rural areas will have difficulty adopting appropriate 
     electronic commerce business practices and technologies;
       (5) the United States has an interest in ensuring that 
     small businesses in rural areas participate in electronic 
     commerce, to encourage success of the businesses, and to 
     promote productivity and economic growth throughout the 
     economy of the United States; and
       (6) an electronic commerce extension program should be 
     established using the nationwide county-based infrastructure 
     within the Cooperative Extension Service to help small 
     businesses throughout the United States to identify, adapt, 
     adopt, and use electronic commerce business practices and 
     technologies.
       (b) Purpose.--The purpose of this section is to establish 
     within the Cooperative State Research, Education, and 
     Extension Service of the Department of Agriculture a rural 
     electronic commerce extension program for small businesses 
     and microenterprises in rural areas of the United States.
       (c) Program.--Subtitle H of title XVI of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
     5921 et seq.) is amended by adding after section 1669 the 
     following:

     ``SEC. 1670. RURAL ELECTRONIC COMMERCE EXTENSION PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Development center.--The term `development center' 
     means--
       ``(A) the North Central Regional Center for Rural 
     Development;
       ``(B) the Northeast Regional Center for Rural Development 
     or its designee;
       ``(C) the Southern Rural Development Center; and
       ``(D) the Western Rural Development Center or its designee.
       ``(2) Extension program.--The term `extension program' 
     means the rural electronic commerce extension program 
     established under subsection (b).
       ``(3) Microenterprise.--The term `microenterprise' means a 
     commercial enterprise that has 5 or fewer employees, 1 or 
     more of whom owns the enterprise.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Administrator of the 
     Cooperative State Research, Education, and Extension Service.
       ``(5) Small business.--The term `small business' has the 
     meaning given the term `small-business concern' by section 
     3(a) of the Small Business Act (15 U.S.C. 632(a)).
       ``(b) Establishment.--The Secretary shall establish a rural 
     electronic commerce extension program to--
       ``(1) expand and enhance electronic commerce practices and 
     technology to be used by small businesses and 
     microenterprises in rural areas;
       ``(2) disseminate information and expertise through a 
     cooperative extension service clearinghouse system in rural 
     areas;
       ``(3) disseminate management, scientific, engineering, and 
     technical information to small businesses in rural areas 
     through the extension program; and
       ``(4) use, when appropriate, the expertise, technology, and 
     capabilities of other institutions and organizations, 
     including--
       ``(A) State and local governments;
       ``(B) Federal departments and agencies;
       ``(C) institutions of higher education;
       ``(D) nonprofit organizations;
       ``(E) small businesses and microenterprises that have 
     experience in electronic commerce practice and technology; 
     and
       ``(F) the development centers.
       ``(c) Administration.--
       ``(1) In general.--In carrying out this section, the 
     Secretary shall--
       ``(A) provide leadership, support, and coordination for the 
     extension programs;
       ``(B) establish policies, practices, and procedures to 
     assist rural communities in the adoption and use of 
     electronic commerce techniques;
       ``(C) identify and strengthen existing mechanisms designed 
     to assist rural areas in the adoption and use of electronic 
     commerce techniques;
       ``(D) provide grants to fund projects and activities under 
     the extension program; and
       ``(E) establish a clearinghouse system for States, 
     communities, and businesses to obtain information on best 
     practices, technology transfer, training, education, 
     adoption, and use of electronic commerce in rural areas.
       ``(2) Office of rural electronic commerce.--The Secretary 
     shall establish, in the Cooperative State Research, 
     Education, and Extension Service, an Office of Rural 
     Electronic Commerce to assist in carrying out this section.
       ``(d) Grants.--
       ``(1) In general.--The Secretary shall carry out a program 
     under which--
       ``(A) funds are distributed to each of the development 
     centers to--
       ``(i) assemble regional expertise, and develop innovative 
     education programs, that may be adapted and refined by State 
     extension programs;
       ``(ii) train State-based cooperative extension agents to 
     deliver rural electronic commerce education programs; and
       ``(iii) establish networks among universities, local 
     governments, and private industries to focus on regional 
     economic issues; and
       ``(B) competitive grants are made to cooperative extension 
     service programs at land-grant colleges and universities (or 
     consortia of land-grant colleges and universities)--
       ``(i) to develop and facilitate nationally innovative rural 
     electronic commerce business strategies; and
       ``(ii) to assist small businesses and microenterprises in 
     identifying, adapting, implementing, and using electronic 
     commerce business practices and technologies.
       ``(2) Eligibility.--
       ``(A) Criteria.--
       ``(i) In general.--The Secretary, shall--

       ``(I) establish criteria for the submission, evaluation, 
     and funding of applications for grants to carry out projects 
     and activities under the extension program; and
       ``(II) evaluate, rank, and select grant applications 
     described in subclause (I) on the basis of the selection 
     criteria.

       ``(ii) Factors.--The selection criteria established under 
     clause (i) shall include--

       ``(I) the ability of an applicant to provide training and 
     education on best practices, technology transfer, adoption, 
     and use of electronic commerce in rural communities by small 
     business and microenterprise;
       ``(II) the quality of the service to be provided by a 
     proposed project or activity under the extension program;
       ``(III) the extent and geographic diversity of the area 
     served by the proposed project or activity under the 
     extension program;
       ``(IV) the extent of participation of land-grant colleges 
     and universities in the extension program (including any 
     economic benefits that would result from that participation);
       ``(V) the percentage of funding and in-kind commitments 
     from non-Federal sources that would be needed by and 
     available for a proposed project or activity under the 
     extension program; and
       ``(VI) the extent of participation of low-income and 
     minority businesses or microenterprises in a proposed project 
     or activity under the extension program.

       ``(B) Application.--As a condition of being considered for 
     the receipt of funds under this section, an applicant shall 
     submit to the Secretary an application that meets the 
     criteria established under subparagraph (A)(i)(I).
       ``(C) Non-federal share.--
       ``(i) In general.--As a condition of the receipt of funds 
     under this section, an applicant shall agree to obtain from 
     non-Federal sources (including State, local, nonprofit, or 
     private sector sources) contributions of--

       ``(I) except as provided in clause (iii), during each of 
     the years in which the extension program receives funding 
     under subsection (g), 50 percent of the estimated capital and 
     annual operating and maintenance costs of the extension 
     program; and
       ``(II) after expiration of the initial funding period 
     specified in subclause (I), 100 percent of the estimated 
     capital and annual operating and maintenance costs of the 
     extension program.

[[Page S766]]

       ``(ii) Form.--The non-Federal share required under clause 
     (i)(I) may be provided in the form of in-kind contributions.
       ``(iii) Exception.--The non-Federal share required under 
     clause (i)(I) may be reduced to 25 percent of the estimated 
     capital and annual operating and maintenance costs of the 
     extension program if the grant recipient serves low-income or 
     minority-owned businesses or microenterprises, as determined 
     by the Secretary.
       ``(3) Limitation on amount of funds awarded.--
       ``(A) Individual land-grant colleges and universities.--A 
     land-grant college or university shall not receive funds 
     under this section in an amount that exceeds $900,000.
       ``(B) Consortia of land-grant colleges and universities.--
     With respect to a consortium of land-grant colleges and 
     universities that receives funds under this section--
       ``(i) the total amount of the funds awarded to the 
     consortium shall not exceed the product obtained by 
     multiplying--

       ``(I) $900,000; by
       ``(II) the number of land-grant colleges and universities 
     comprising the consortium; and

       ``(ii) each land-grant college or university that is a 
     member of the consortium shall receive an equal percentage of 
     the total amount of funds awarded.
       ``(4) Selection.--At least once every 180 days, the 
     Secretary shall evaluate, prioritize, and fund applications 
     for proposed projects and activities under the extension 
     program using the criteria established under paragraph 
     (2)(A)(i)(I).
       ``(e) Evaluation.--
       ``(1) In general.--Not later than 1 year after a project or 
     activity under the extension program is funded by a grant 
     under this section, the evaluation panel established under 
     paragraph (2)(A) shall evaluate the project or activity.
       ``(2) Evaluation panel.--
       ``(A) In general.--Not later than 30 days after the date of 
     enactment of this section, the Secretary shall establish an 
     evaluation panel to--
       ``(i) establish criteria for evaluating projects and 
     activities under the extension program; and
       ``(ii) using the criteria established under clause (i), 
     evaluate the projects and activities.
       ``(B) Composition.--The evaluation panel shall be composed 
     of--
       ``(i) appropriate Federal, State, local government, and 
     land-grant college or university officials, as determined by 
     the Secretary; and
       ``(ii) private individuals with expertise in electronic 
     commerce, technology, or small business, as determined by the 
     Secretary.
       ``(3) Criteria.--The evaluation panel shall evaluate 
     projects and activities under the extension program using 
     criteria established by the Secretary that assess the 
     efficiency and efficacy of the extension program.
       ``(4) Assistance from grant recipients.--A recipient of a 
     grant under this section shall, to the maximum extent 
     practicable, provide to the evaluation panel such materials 
     as the evaluation panel may request to assist in the 
     evaluation of any project or activity carried out by the 
     recipient under the extension program.
       ``(f) Report.--Not later than 2 years after the date of 
     enactment of this section, 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--
       ``(1) the policies, practices, and procedures used to 
     assist rural communities in efforts to adopt and use 
     electronic commerce techniques;
       ``(2) the clearinghouse system for States, communities, 
     small businesses, and individuals established to obtain 
     information regarding best practices, technology transfer, 
     training, education, adoption, and use of electronic commerce 
     in rural areas; and
       ``(3) the criteria used for the submission, evaluation, and 
     funding of projects and activities under the extension 
     program.
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $60,000,000 for each of fiscal 
     years 2002 through 2006, of which $20,000,000 for each fiscal 
     year shall be made available to carry out activities under 
     subsection (d)(1)(A).
       ``(2) Administrative costs.--The Secretary may use not more 
     than 2 percent of the funds made available under paragraph 
     (1) to pay administrative costs incurred in carrying out this 
     section.''.
       On page 757, strike lines 15 through 18 and insert the 
     following:
       ``(iv) rapid diagnostic techniques for animal disease 
     agents considered to be risks for agricultural bioterrorism 
     attack, including evaluation of the techniques.
       On page 758, strike lines 6 through 12 and insert the 
     following:
       ``(26) Program to combat childhood obesity.--Research and 
     extension grants may be made under this section to 
     institutions of higher education with demonstrated capacity 
     in basic and clinical obesity research, nutrition research, 
     and community health education research to develop and 
     evaluate community-wide strategies that catalyze partnerships 
     between families and health care, education, recreation, mass 
     media, and other community resources to reduce the incidence 
     of childhood obesity.
       On page 760, line 13, strike the closing quotation marks 
     and the following semicolon.
       On page 760, between lines 13 and 14, insert the following:
       ``(29) Dairy pipeline cleaners.--Research and extension 
     grants may be made under this section for the purpose of 
     preventing and eliminating the dangers of dairy pipeline 
     cleaner, including--
       ``(A) developing safer packaging mechanisms and a new 
     transfer mechanism, including a new pumping mechanism for 
     dairy pipeline cleaner;
       ``(B) outlining--
       ``(i) the accident history for dairy pipeline cleaner;
       ``(ii) the causes of accidents involving dairy pipeline 
     cleaner; and
       ``(iii) potential means of prevention of such accidents, 
     including improved labeling and pump structure; and
       ``(C) other means of improving efforts to prevent ingestion 
     of dairy pipeline cleaner.
       ``(30) Development of publicly held plants and animal 
     varieties; genetic resource conservation activities.--
     Research and extension grants may be made under this section 
     to colleges and universities, other Federal agencies, plant 
     breeders, and other interested persons for the purpose of--
       ``(A) development of publicly held plants and animal 
     varieties (including germplasm for identity-preserved 
     markets); and
       ``(B) genetic resource conservation activities.'';
       On page 760, line 16, after ``2006'', insert the following: 
     ``, of which not less than $100,000 for each of fiscal years 
     2002 through 2006 shall be used to carry out subsection 
     (e)(29)''.
       On page 761, strike lines 12 through 26 and insert the 
     following:
       (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 
     using advanced genomics, field trials, and other methods;
       ``(5) pursuing classical and marker-assisted breeding for 
     publicly held varieties of crops and animals optimized for 
     organic systems;
       ``(6) identifying marketing and policy constraints on the 
     expansion of organic agriculture; and
       ``(7) conducting advanced on-farm research and development 
     that emphasizes observation of, experimentation with, and 
     innovation for working organic farms, including research 
     relating to production and marketing and to socioeconomic 
     conditions.''; and
       On page 764, strike lines 3 through 7 and insert the 
     following:

     SEC. 7____. 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 ``or horticultural'' 
     following ``agronomic''; 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 horticultural 
     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 
     variability'';
       (3) in subsection (d)--
       (A) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) Improve farm energy use efficiencies.''; and
       (4) in subsection (i)(1), by striking ``2002'' and 
     inserting ``2006''.
       On page 765, between lines 20 and 21, insert the following:

     SEC. 7____. BOVINE JOHNE'S DISEASE CONTROL PROGRAM.

       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:

     ``SEC. 409. BOVINE JOHNE'S DISEASE CONTROL PROGRAM.

       ``(a) Establishment.--The Secretary, 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 are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 through 
     2006.''.

     SEC. 7____. 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 7____) is amended by adding at the end the 
     following:

[[Page S767]]

     ``SEC. 410. GRANTS FOR YOUTH ORGANIZATIONS.

       ``(a) In General.--The Secretary, acting through the 
     Administrator 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 4-H Council, 
     activities provided for in Public Law 107-19 (115 Stat. 
     153)).
       ``(6) Of the funds of the Commodity Credit Corporation, the 
     Secretary shall make available $8 million 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 2006.''.

     SEC. 7____. 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.) (as 
     amended by section 7____) is amended by adding at the end the 
     following:

     ``SEC. 411. AGRICULTURAL BIOTECHNOLOGY RESEARCH AND 
                   DEVELOPMENT FOR DEVELOPING COUNTRIES.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) an institution of higher education;
       ``(B) a nonprofit organization; or
       ``(C) a consortium of for-profit institutions and 
     agricultural research institutions.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' means--
       ``(A) a historically black land-grant college or 
     university;
       ``(B) a Hispanic-serving institution (as defined in section 
     1404 of the National, Agricultural Research, Extension, and 
     Teaching Policy Act of 1977 (7 U.S.C. 3103)); or
       ``(C) a tribal college or university that offers a 
     curriculum in agriculture or the biosciences.
       ``(b) Grant Program.--
       ``(1) In general.--The Secretary (acting through the 
     Foreign Agricultural Service) shall establish and administer 
     a program 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 
     biotechnology to--
       ``(A) enhance the nutritional content of agricultural 
     products that can be grown in developing countries;
       ``(B) increase the yield and safety of agricultural 
     products 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-threatening 
     illnesses and other medications that can be administered by 
     consuming genetically-engineered agricultural products.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2002 through 2006.''.
       On page 778, strike line 6 and insert the following:
       ``(8) Chief Dull Knife Memorial College.
       On page 784, strike lines 20 through 25 and insert the 
     following:

     SEC. 7____. NATIONAL RESEARCH AND TRAINING VIRTUAL CENTERS.

       (a) Authorization.--Section 1448 of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3222c) is amended by striking ``2002'' each 
     place it appears in subsections (a)(1) and (f) and inserting 
     ``2006''.
       (b) Redesignation.--Section 1448 of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3222c) is amended--
       (1) in the section heading, by striking ``centennial'' and 
     inserting ``virtual''; and
       (2) by striking ``centennial'' each place it appears and 
     inserting ``virtual''.
       On page 797, between lines 4 and 5, insert the following:

     SEC. 7____. CARBON CYCLE RESEARCH.

       Section 221 of the Agricultural Risk Protection Act of 2000 
     (114 Stat. 407) is amended--
       (1) in subsection (a), by striking ``Of the amount'' and 
     all that follows through ``to provide'' and inserting ``To 
     the extent that funds are made available for the purpose, the 
     Secretary shall provide'';
       (2) in subsection (d), by striking ``under subsection (a)'' 
     and inserting ``to carry out this section''; and
       (3) by adding at the end the following:
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated for fiscal years 2002 through 
     2006 such sums as are necessary to carry out this section.''.
       On page 804, line 3, after ``State,'', insert ``tribal,''.
       On page 804, line 7, strike ``Federal or State'' and insert 
     ``Federal, State, or tribal''.
       On page 808, line 1, strike ``State, and'' and insert 
     ``State, tribal, and''.
       On page 813, lines 1 and 2, insert ``public sector 
     development of new crops and crop varieties,'' after 
     ``systems,''.
       On page 813, line 23, insert ``(as defined in section 1404 
     of the National Agricultural Research, Extension, and 
     Teaching Policy Act of 1977 (7 U.S.C. 3103))'' after 
     ``institution''.
       Beginning on page 815, strike line 16 and all that follows 
     through page 816, line 3, and insert the following:

     SEC. 7____. ORGANICALLY PRODUCED PRODUCT RESEARCH AND 
                   EDUCATION.

       Not later than December 1, 2004, the Secretary, acting 
     through the Administrator of the Economic Research Service, 
     shall prepare, in consultation with the Advisory Committee on 
     Small Farms, and 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--
       (1) the impact on small farms of the implementation of the 
     national organic program under part 205 of title 7, Code of 
     Federal Regulations; and
       (2) the production and marketing costs to producers and 
     handlers associated with transitioning to organic production.
       On page 816, lines 7 through 9, strike ``Agriculture 
     Library), shall facilitate access by research and extension 
     professionals in the United States to, and the use by those 
     professionals of,'' and insert ``Agriculture 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,''.
       On page 816, between lines 11 and 12, insert the following:

     SEC. 7____. REPORT ON PRODUCERS AND HANDLERS OF ORGANIC 
                   AGRICULTURAL PRODUCTS.

       Not later than 1 year after funds are made available to 
     carry out this section, the Secretary of Agriculture 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 of Agriculture;
       (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 contributions 
     made by producers and handlers of organic agricultural 
     products and directly benefit the producers and handlers; and
       (D) the implementation of initiatives that directly benefit 
     organic producers and handlers; and
       (2) evaluates industry and other proposals for improving 
     the treatment of certified organic agricultural products 
     under Federal marketing orders, including proposals to target 
     additional resources for research and promotion of organic 
     products and to differentiate between certified organic and 
     other products in new or existing volume limitations or other 
     orderly marketing requirements.
       On page 837, between lines 14 and 15, insert the following:

     SEC. 8____. FOREST LEGACY PROGRAM.

       Section 7(l) of the Cooperative Forestry Management Act of 
     1978 (16 U.S.C. 2103c(l)) is amended by adding at the end the 
     following:
       ``(3) State authorization.--Notwithstanding any other 
     provision of this Act, a State may authorize any local 
     government, or any qualified organization that is defined in 
     section 170(h)(3) of the Internal Revenue Code of 1986 and 
     organized for at least 1 of the purposes described in clause 
     (i), (ii), or (iii) of section 170(h)(4)(A) of that Code, to 
     acquire in land in the State, in accordance with this 
     section, 1 or more interests in conservation easements to 
     carry out the Forest Legacy Program in the State.''.
       Beginning on page 840, strike line 23 and all that follows 
     through page 841, line 2, and insert the following:
       ``(1) at least 1 center shall be located in California, 
     Idaho, Montana, Oregon, or Washington; and
       ``(2) at least 1 center shall be located in Arizona, 
     Colorado, Nevada, New Mexico, or Wyoming.
       Beginning on page 842, strike line 6 and all that follows 
     through page 854, line 3, and insert the following:

     SEC. 8____. WILDFIRE PREVENTION AND HAZARDOUS FUEL PURCHASE 
                   PILOT PROGRAM.

       (a) Findings.--Congress finds that--
       (1) the damage caused by wildfire disasters has been 
     equivalent in magnitude to the damage resulting from the 
     Northridge earthquake, Hurricane Andrew, and the recent 
     flooding of the Mississippi River and the Red River;
       (2) more than 20,000 communities in the United States are 
     at risk from wildfire and approximately 11,000 of those 
     communities are located near Federal land;
       (3) the accumulation of heavy forest fuel loads continues 
     to increase as a result of disease, insect infestations, and 
     drought, further increasing the risk of fire each year;
       (4) modification of forest fuel load conditions through the 
     removal of hazardous fuels would--
       (A) minimize catastrophic damage from wildfires;
       (B) reduce the need for emergency funding to respond to 
     wildfires; and

[[Page S768]]

       (C) protect lives, communities, watersheds, and wildlife 
     habitat;
       (5) the hazardous fuels removed from forest land represent 
     an abundant renewable resource, as well as a significant 
     supply of biomass for biomass-to-energy facilities;
       (6) the United States should invest in technologies that 
     promote economic and entrepreneurial opportunities in 
     processing forest products removed through hazardous fuel 
     reduction activities; and
       (7) the United States should--
       (A) develop and expand markets for traditionally underused 
     wood and other biomass as an outlet for value-added excessive 
     forest fuels; and
       (B) commit resources to support planning, assessments, and 
     project reviews to ensure that hazardous fuels management is 
     accomplished expeditiously and in an environmentally sound 
     manner.
       (b) Definitions.--In this section:
       (1) Biomass-to-energy facility.--The term ``biomass-to-
     energy facility'' means a facility that uses forest biomass 
     or other biomass as a raw material to produce electric 
     energy, useful heat, or a transportation fuel.
       (2) Eligible community.--The term ``eligible community'' 
     means--
       (A) any town, township, municipality, or other similar unit 
     of local government (as determined by the Secretary), or any 
     area represented by a nonprofit corporation or institution 
     organized under Federal or State law to promote broad-based 
     economic development, that--
       (i) has a population of not more than 10,000 individuals;
       (ii) is located within a county in which at least 15 
     percent of the total primary and secondary labor and 
     proprietor income is derived from forestry, wood products, 
     and forest-related industries, such as recreation, forage 
     production, and tourism; and
       (iii) is located near forest land, the condition of which 
     land the Secretary determines poses a substantial present or 
     potential hazard to--

       (I) the safety of a forest ecosystem;
       (II) the safety of wildlife; or
       (III) in the case of a wildfire, the safety of 
     firefighters, other individuals, and communities; and

       (B) any county that is not contained within a metropolitan 
     statistical area that meets the conditions described in 
     clauses (ii) and (iii) of subparagraph (A).
       (3) Forest biomass.--The term ``forest biomass'' means fuel 
     and biomass accumulation from precommercial thinnings, slash, 
     and brush on forest land.
       (4) Hazardous fuel.--The term ``hazardous fuel'' means any 
     excessive accumulation of forest biomass or other biomass on 
     public or private forest land in the wildland-urban interface 
     (as defined by the Secretary) that--
       (A) is located near an eligible community;
       (B) is designated as condition class 2 or 3 under the 
     report of the Forest Service entitled ``Protecting People and 
     Sustainable Resources in Fire-Adapted Ecosystems'', dated 
     October 13, 2000) (including any related maps); and
       (C) the Secretary determines poses a substantial present or 
     potential hazard to--
       (i) the safety of a forest ecosystem;
       (ii) the safety of wildlife; or
       (iii) in the case of wildfire, the safety of firefighters, 
     other individuals, and communities.
       (5) 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).
       (6) National fire plan.--The term ``National Fire Plan'' 
     means the plan prepared by the Secretary of Agriculture and 
     the Secretary of the Interior entitled ``Managing the Impact 
     of Wildfires on Communities and the Environment'' and dated 
     September 8, 2000.
       (7) Person.--The term ``person'' includes--
       (A) a community;
       (B) an Indian tribe;
       (C) a small business, microbusiness, or other business that 
     is incorporated in the United States; and
       (D) a nonprofit organization.
       (8) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture (or a designee), with 
     respect to National Forest System land and private land in 
     the United States; and
       (B) the Secretary of the Interior (or a designee) with 
     respect to Federal land under the jurisdiction of the 
     Secretary of the Interior or an Indian tribe.
       (c) Wildfire Prevention and Hazardous Fuel Purchase Pilot 
     Program.--
       (1) Grants.--
       (A) In general.--Subject to the availability of 
     appropriations, the Secretary may make grants to--
       (i) persons that operate existing or new biomass-to-energy 
     facilities to offset the costs incurred by those persons in 
     purchasing hazardous fuels derived from public and private 
     forest land adjacent to eligible communities; and
       (ii) persons in rural communities that are seeking ways to 
     improve the use of, or add value to, hazardous fuels.
       (B) Selection criteria.--The Secretary shall select 
     recipients for grants under subparagraph (A)(i) based on--
       (i) planned purchases by the recipients of hazardous fuels, 
     as demonstrated by the recipient through the submission to 
     the Secretary of such assurances as the Secretary may 
     require;
       (ii) the level of anticipated benefits of those purchases 
     in reducing the risk of wildfires;
       (iii) the extent to which the biomass-to-energy facility 
     avoids adverse environmental impacts, including cumulative 
     impacts, over the expected life of the biomass-to-energy 
     facility; and
       (iv) the demonstrable level of anticipated benefits for 
     eligible communities, including the potential to develop 
     thermal or electric energy resources or affordable energy for 
     communities.
       (2) Grant amounts.--
       (A) In general.--A grant under subparagraph (A)(i) shall--
       (i) be based on--

       (I) the distance required to transport hazardous fuels to a 
     biomass-to-energy facility; and
       (II) the cost of removal of hazardous fuels; and

       (ii) be in an amount that is at least equal to the product 
     obtained by multiplying--

       (I) the number of tons of hazardous fuels delivered to a 
     grant recipient; by
       (II) an amount that is at least $5 but not more than $10 
     per ton of hazardous fuels, as determined by the Secretary 
     taking into consideration the factors described in clause 
     (i).

       (B) Limitation on individual grants.--
       (i) In general.--Except as provided in clause (ii), a grant 
     under subparagraph (A) shall not exceed $1,500,000 for any 
     biomass-to-energy facility for any fiscal year.
       (ii) Small biomass-to-energy facilities.--A biomass-to-
     energy facility that has an annual production of 5 megawatts 
     or less shall not be subject to the limitation under clause 
     (i).
       (3) Monitoring of grant recipient activities.--
       (A) In general.--As a condition of receipt of a grant under 
     this subsection, a grant recipient shall keep such records as 
     the Secretary may require, including records that--
       (i) completely and accurately disclose the use of grant 
     funds; and
       (ii) describe all transactions involved in the purchase of 
     hazardous fuels derived from forest land.
       (B) Access.--On notice by the Secretary, the operator of a 
     biomass-to-energy facility that purchases or uses hazardous 
     fuels with funds from a grant under this subsection shall 
     provide the Secretary with--
       (i) reasonable access to the biomass-to-energy facility; 
     and
       (ii) an opportunity to examine the inventory and records of 
     the biomass-to-energy facility.
       (4) Monitoring of effect of treatments.--
       (A) In general.--To determine and document the 
     environmental impact of hazardous fuel removal, the Secretary 
     shall monitor--
       (i) environmental impacts of activities carried out under 
     this subsection; and
       (ii) Federal land from which hazardous fuels are removed 
     and sold to a biomass-to-energy facility under this 
     subsection.
       (B) Employment.--
       (i) In general.--The Comptroller General of the United 
     States shall monitor--

       (I) the number of jobs created in or near eligible 
     communities as a result of the implementation of this 
     subsection;
       (II) the opportunities created for small businesses and 
     microbusinesses as a result of the implementation of this 
     subsection;
       (III) the types and amounts of energy supplies created as a 
     result of the implementation of this subsection; and
       (IV) energy prices for eligible communities.

       (ii) Report.--Beginning in fiscal year 2003, the 
     Comptroller General of the United States shall submit to the 
     Committee on Energy and Natural Resources and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate and the 
     Committee on Resources and the Committee on Agriculture of 
     the House of Representatives an annual report that describes 
     the information obtained through monitoring under clause (i).
       (5) Review and report.--
       (A) In general.--Not later than September 30, 2004, the 
     Comptroller General shall submit to each of the committees 
     described in paragraph (4)(B)(ii) a report that describes the 
     results and effectiveness of the pilot program.
       (B) Reports by secretary.--The Secretary shall submit to 
     each of the committees described in paragraph (4)(B)(ii) an 
     annual report describing the results of the pilot program 
     that includes--
       (i) an identification of the size of each biomass-to-energy 
     facility that receives a grant under this section; and
       (ii) the haul radius associated with each grant.
       (C) Technical feasibility report.--Not later than December 
     1, 2003, the Secretary of Agriculture, in cooperation with 
     the Forest Products Lab and the Economic Action Program of 
     the Forest Service, shall submit to each of the committees 
     described in paragraph (4)(B)(ii) a report that describes--
       (i) the technical feasibility of the use by small-scale 
     biomass energy units of small-diameter trees and forest 
     residues as a source of fuel;
       (ii) the environmental impacts relating to the use of 
     small-diameter trees and forest residues as described in 
     clause (i); and
       (iii) any social or economic benefits of small-scale 
     biomass energy units for rural communities.
       (6) Grants to other persons.--

[[Page S769]]

       (A) In general.--In addition to biomass-to-energy 
     facilities, the Secretary may make grants under this 
     subsection to persons in rural communities that are seeking 
     ways to improve the use of, or add value to, hazardous fuels.
       (B) Selection.--The Secretary shall select recipients of 
     grants under subparagraph (A) based on--
       (i) the extent to which the grant recipient avoids 
     environmental impacts; and
       (ii) the demonstrable level of anticipated benefits to 
     rural communities, including opportunities for small 
     businesses and microbusinesses and the potential for new job 
     creation, that may result from the provision of the grant.
       (C) Monitoring.--With respect to a grant made under this 
     paragraph--
       (i) the monitoring provisions described in paragraph (3) 
     and applicable to biomass-to-energy facilities shall apply; 
     and
       (ii) the Secretary shall monitor the environmental impacts 
     of projects funded by grants provided under this paragraph.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $50,000,000 
     for each of fiscal years 2002 through 2006.
       (d) Long-Term Forest Stewardship Contracts for Hazardous 
     Fuels Removal.--
       (1) Annual assessment of treatment acreage.--
       (A) In general.--Subject to the availability of 
     appropriations, not later than March 1 of each of fiscal 
     years 2002 through 2006, the Secretary shall submit to 
     Congress an assessment of the number of acres of National 
     Forest System land recommended to be treated during the 
     subsequent fiscal year using stewardship end result contracts 
     authorized by paragraph (3).
       (B) Components.--The assessment shall--
       (i) be based on the treatment schedules contained in the 
     report entitled ``Protecting People and Sustaining Resources 
     in Fire-Adapted Ecosystems'', dated October 13, 2000, and 
     incorporated into the National Fire Plan;
       (ii) identify the acreage by condition class, type of 
     treatment, and treatment year to achieve the restoration 
     goals outlined in the report within 10-, 15-, and 20-year 
     time periods;
       (iii) give priority to condition class 3 areas (as 
     described in subsection (b)(4)(B)), including modifications 
     in the restoration goals based on the effects of--

       (I) fire;
       (II) hazardous fuel treatments under the National Fire 
     Plan; or
       (III) updates in data;

       (iv) provide information relating to the type of material 
     and estimated quantities and range of sizes of material that 
     shall be included in the treatments;
       (v) describe the land allocation categories in which the 
     contract authorities shall be used; and
       (vi) give priority to areas described in subsection 
     (b)(4)(A).
       (2) Funding recommendation.--The Secretary shall include in 
     the annual assessment under paragraph (1) a request for funds 
     sufficient to implement the recommendations contained in the 
     assessment using stewardship end result contracts described 
     in paragraph (3) in any case in which the Secretary 
     determines that the objectives of the National Fire Plan 
     would best be accomplished through forest stewardship end 
     result contracting.
       (3) Stewardship end result contracting.--
       (A) In general.--Subject to the availability of 
     appropriations, the Secretary may enter into not more than 28 
     stewardship end result contracts to implement the National 
     Fire Plan on National Forest System land based on the 
     treatment schedules provided in the annual assessments 
     conducted under paragraph (1)(B)(i).
       (B) Period of contracts.--The contracting goals and 
     authorities described in subsections (b) through (g) of 
     section 347 of the Department of the Interior and Related 
     Agencies Appropriations Act, 1999 (commonly known as the 
     ``Stewardship End Result Contracting Demonstration Project'') 
     (16 U.S.C. 2104 note; Public Law 105-277), shall apply to 
     contracts entered into under this paragraph, except that 14 
     of the 28 contracts entered into under subparagraph (A) shall 
     be subject to the conditions that--
       (i) funds from the contract, and any offset value of forest 
     products that exceeds the value of the resource improvement 
     treatments carried out under the contract, shall be deposited 
     in the Treasury of the United States;
       (ii) section 347(c)(3)(A) of the Department of the Interior 
     and Related Agencies Appropriations Act, 1999 (commonly known 
     as the ``Stewardship End Result Contracting Demonstration 
     Project'') (16 U.S.C. 2104 note; Public Law 105-277) shall 
     not apply to those contracts; and
       (iii) the implementation shall be accomplished using 
     separate contracts for the harvesting or collection, and 
     sale, of merchantable material.
       (C) Status report.--Beginning with the assessment required 
     under paragraph (1) for fiscal year 2003, the Secretary shall 
     include in the annual assessment under paragraph (1) a status 
     report of the stewardship end result contracts entered into 
     under this paragraph.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection such sums as 
     are necessary for each of fiscal years 2002 through 2006.
       (e) Excluded Areas.--In carrying out this section, the 
     Secretary shall--
       (1) because of sensitivity of natural, cultural, or 
     historical resources, designate areas to be excluded from any 
     program under this section; and
       (2) carry out this section only in the wildland-urban 
     interface, as defined by the Secretary.
       (f) Termination of Authority.--The authority provided under 
     this section shall terminate on September 30, 2006.
       On page 854, strike line 4 and insert the following:

     SEC. 809. CHESAPEAKE BAY WATERSHED FORESTRY PROGRAM.

       The Cooperative Forestry Assistance Act of 1978 is amended 
     by inserting after section 9 (16 U.S.C. 2105) the following:

     ``SEC. 9A. CHESAPEAKE BAY WATERSHED FORESTRY PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Agreement.--The term `Agreement' means the Chesapeake 
     2000 Agreement, an interstate agreement the purpose of which 
     is to correct the nutrient-related problems in the Chesapeake 
     Bay by 2010.
       ``(2) Bay-area state.--
       ``(A) In general.--The term `Bay-area State' means a State 
     any part of which is located in the watershed of the 
     Chesapeake Bay.
       ``(B) Inclusion.--The term `Bay-area State' includes the 
     District of Columbia.
       ``(3) Chesapeake bay executive council.--The term `Council' 
     means the Chesapeake Bay Executive Council.
       ``(4) Director.--The term `Director' means the Director of 
     Chesapeake Bay watershed forestry efforts designated under 
     subsection (b)(2)(A).
       ``(5) Eligible entity.--The term `eligible entity' means--
       ``(A) the government of a Bay-area State (or a political 
     subdivision); and
       ``(B) an organization such as an educational institution or 
     a community or conservation organization.
       ``(6) Eligible project.--The term `eligible project' means 
     a project the purpose of which is to--
       ``(A) improve wildlife habitat and water quality through 
     the establishment, protection, and stewardship of riparian 
     and wetland forests;
       ``(B) improve the capacity of a State or nonprofit 
     organization to implement forest conservation, restoration, 
     and stewardship actions;
       ``(C) develop and implement a watershed management plan 
     that addresses forest conservation and restoration actions;
       ``(D) provide outreach and assistance to private landowners 
     and communities to restore or protect watersheds through the 
     enhancement of forests;
       ``(E) develop and implement communication, education, or 
     technology transfer programs that broaden public 
     understanding of the value of trees and forests and 
     management of trees and forests in sustaining and restoring 
     watershed health; and
       ``(F) conduct applied research, inventory, assessment, or 
     monitoring activities.
       ``(7) Program.--The term `program' means the Chesapeake Bay 
     watershed forestry program established under subsection 
     (b)(1).
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       ``(b) Establishment.--
       ``(1) In general.--The Secretary shall establish the 
     Chesapeake Bay watershed forestry program to provide 
     technical and financial assistance to the Council, Bay-area 
     States, local governments, and nonprofit organizations to 
     carry out eligible projects.
       ``(2) Director.--
       ``(A) In general.--The Secretary shall designate an 
     employee of the Forest Service to serve as the Director for 
     Chesapeake Bay watershed forestry efforts.
       ``(B) Duties.--The Director shall work in cooperation with 
     the Secretary to carry out the purposes of the program 
     described in paragraph (1).
       ``(c) Chesapeake Watershed Forestry Grants.--
       ``(1) In general.--In carrying out the program, the 
     Secretary, in coordination with the Director, may provide 
     grants to assist eligible entities in carrying out eligible 
     projects.
       ``(2) Cost sharing.--The amount of a grant awarded under 
     this subsection shall not exceed 75 percent of the total cost 
     of the eligible project.
       ``(3) Additional requirements.--The Secretary, in 
     consultation with the Director, may prescribe any 
     requirements and procedures necessary to carry out this 
     subsection.
       ``(d) Chesapeake Watershed Forest Assessment and 
     Conservation Study.--
       ``(1) In general.--The Director, in cooperation with the 
     Council, shall conduct a Chesapeake Bay watershed forestry 
     research and assessment study that--
       ``(A) assesses the extent and location of forest loss and 
     fragmentation;
       ``(B) identifies critical forest land that should be 
     protected to achieve the purposes of the Agreement;
       ``(C) prioritizes afforestation needs;
       ``(D) recommends--
       ``(i) management strategies based on actions carried out 
     and information obtained under subparagraphs (A) through (C) 
     to expand conservation and stewardship of the forest 
     ecosystem in the Chesapeake Bay watershed; and

[[Page S770]]

       ``(ii) ways in which the Federal Government can work with 
     State, county, local, and private entities to conserve 
     critical forests, including recommendations on the 
     feasibility of establishing new units of the National Forest 
     System; and
       ``(E) identifies further inventory, assessment, and 
     research needed to achieve the purposes of the Agreement.
       ``(2) Report.--Not later than 2 years after the date of 
     enactment of this section, the Director shall submit to 
     Congress a comprehensive report on the results of the study 
     under paragraph (1).
       ``(e) Chesapeake Bay Urban Watershed Forestry Research 
     Cooperative Program.--
       ``(1) In general.--The Secretary, in cooperation with the 
     Director, may establish a comprehensive Chesapeake Bay urban 
     watershed forestry research cooperative program to provide 
     technical and financial assistance to eligible entities.
       ``(2) Purposes.--The purposes of the cooperative program 
     shall be--
       ``(A) to meet the need of the urban population of the 
     Chesapeake Bay watershed in managing forest land in urban and 
     urbanizing areas through a combination of--
       ``(i) applied research;
       ``(ii) demonstration projects;
       ``(iii) implementation guidelines; and
       ``(iv) training and education;
       ``(B) to coalesce information from local managers, Federal, 
     State, and private researchers, and state-of-the-art 
     technology to answer critical urban forestry questions 
     relating to air and water quality and watershed health; and
       ``(C) to provide a link between research and urban and 
     community forestry policy, planning, and management.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $3,000,000 for fiscal year 2002; and
       ``(2) $3,500,000 for each of fiscal years 2003 through 
     2006.''.

     SEC. 810. ENHANCED COMMUNITY FIRE PROTECTION.

       On page 869, after line 24, add the following:

     SEC. 8____. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE 
                   INITIATIVE.

       The Cooperative Forestry Assistance Act of 1978 is amended 
     by inserting after section 7 (16 U.S.C. 2103c) the following:

     ``SEC. 7A. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE 
                   INITIATIVE.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means a 
     State (including a political subdivision) or nonprofit 
     organization that the Secretary determines under subsection 
     (c)(1)(A)(ii) is eligible to receive a grant under subsection 
     (c)(2).
       ``(2) 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).
       ``(3) Private forest land.--The term `private forest land' 
     means land that is--
       ``(A)(i) covered by trees; or
       ``(ii) suitable for growing trees, as determined by the 
     Secretary;
       ``(B) suburban, as determined by the Secretary; and
       ``(C) owned by--
       ``(i) a private entity; or
       ``(ii) an Indian tribe.
       ``(4) Program.--The term `program' means the Suburban and 
     Community Forestry and Open Space Initiative established by 
     subsection (b).
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       ``(b) Establishment.--
       ``(1) In general.--There is established within the Forest 
     Service a program to be known as the `Suburban and Community 
     Forestry and Open Space Initiative'.
       ``(2) Purpose.--The purpose of the program is to provide 
     assistance to eligible entities to carry out projects and 
     activities to--
       ``(A) conserve private forest land and maintain working 
     forests in suburban environments; and
       ``(B) provide communities a means by which to address 
     significant suburban sprawl.
       ``(c) Grant Program.--
       ``(1) Identification of eligible private forest land.--
       ``(A) In general.--The Secretary, in consultation with 
     State foresters or equivalent State officials and State or 
     county planning offices, shall establish criteria for--
       ``(i) the identification, subject to subparagraph (B), of 
     private forest land in each State that may be conserved under 
     this section; and
       ``(ii) the identification of eligible entities.
       ``(B) Conditions for eligible private forest land.--Private 
     forest land identified for conservation under subparagraph 
     (A)(i) shall be land that is--
       ``(i) located in an area that is affected, or threatened to 
     be affected, by significant suburban sprawl, as determined 
     by--

       ``(I) the appropriate State forester or equivalent State 
     official; and
       ``(II) the planning office of the State or county in which 
     the private forest land is located; and

       ``(ii) threatened by present or future conversion to 
     nonforest use.
       ``(2) Grants.--
       ``(A) Projects and activities.--
       ``(i) In general.--In carrying out this section, the 
     Secretary shall award grants to eligible entities to carry 
     out a project or activity described in clause (ii).
       ``(ii) Types.--A project or activity referred to in clause 
     (i) is a project or activity that--

       ``(I) is carried out to conserve private forest land and 
     contain significant suburban sprawl; and
       ``(II) provides for guaranteed public access to land on 
     which the project or activity is carried out, unless the 
     appropriate State forester or equivalent State official and 
     the State or county planning office request, and provide 
     justification for the request, that the requirement be 
     waived.

       ``(B) Application; stewardship plan.--An eligible entity 
     that seeks to receive a grant under this section shall submit 
     for approval--
       ``(i) to the Secretary, in such form as the Secretary shall 
     prescribe, an application for the grant (including a 
     description of any private forest land to be conserved using 
     funds from the grant); and
       ``(ii) to the State forester or equivalent State official, 
     a stewardship plan that describes the manner in which any 
     private forest land to be conserved using funds from the 
     grant will be managed in accordance with this section.
       ``(C) Approval or disapproval.--
       ``(i) In general.--Subject to clause (ii), as soon as 
     practicable after the date on which the Secretary receives an 
     application under subparagraph (B)(i) or a resubmission under 
     subclause (II)(bb), the Secretary shall--

       ``(I)(aa) approve the application; and
       ``(bb) award a grant to the applicant; or
       ``(II)(aa) disapprove the application; and
       ``(bb) provide the applicant a statement that describes the 
     reasons why the application was disapproved (including a 
     deadline by which the applicant may resubmit the 
     application).

       ``(ii) Priority.--In awarding grants under this section, 
     the Secretary shall give priority to applicants that propose 
     to fund projects and activities that promote, in addition to 
     the primary purposes of conserving private forest land and 
     containing significant suburban sprawl--

       ``(I) the sustainable management of private forest land;
       ``(II) community and school education programs and 
     curricula relating to sustainable forestry; and
       ``(III) community involvement in determining the objectives 
     for projects or activities that are funded under this 
     section.

       ``(3) Cost sharing.--
       ``(A) In general.--The amount of a grant awarded under this 
     section to carry out a project or activity shall not exceed 
     50 percent of the total cost of the project or activity.
       ``(B) Assurances.--As a condition of receipt of a grant 
     under this section, an eligible entity shall provide to the 
     Secretary such assurances as the Secretary determines are 
     sufficient to demonstrate that the share of the cost of each 
     project or activity that is not funded by the grant awarded 
     under this section has been secured.
       ``(C) Form.--The share of the cost of carrying out any 
     project or activity described in subparagraph (A) that is not 
     funded by a grant awarded under this section may be provided 
     in cash or in kind.
       ``(d) Use of Grant Funds for Purchases of Land or 
     Easements.--
       ``(1) Purchases.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     funds made available, and grants awarded, under this section 
     may be used to purchase private forest land or interests in 
     private forest land (including conservation easements) only 
     from willing sellers at fair market value.
       ``(B) Sales at less than fair market value.--A sale of 
     private forest land or an interest in private forest land at 
     less than fair market value shall be permitted only on 
     certification by the landowner that the sale is being entered 
     into willingly and without coercion.
       ``(2) Title.--Title to private forest land or an interest 
     in private forest land purchased under paragraph (1) may be 
     held, as determined appropriate by the Secretary, by--
       ``(A) a State (including a political subdivision of a 
     State); or
       ``(B) a nonprofit organization.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $50,000,000 for fiscal year 2003; and
       ``(2) such sums as are necessary for each fiscal year 
     thereafter.''.
       On page 871, between lines 22 and 23, insert the following:

     SEC. 8____. USDA NATIONAL AGROFORESTRY CENTER.

       (a) In General.--Section 1243 of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; 
     Public Law 101-624) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 1243. USDA NATIONAL AGROFORESTRY CENTER.'';

     and
       (2) in subsection (a)--
       (A) by striking ``Semiarid'' and inserting ``USDA 
     National''; and
       (B) by striking ``Semiarid'' and inserting ``USDA 
     National''.
       (b) Program.--Section 1243(b) of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; 
     Public Law 101-624) is amended--
       (1) by inserting ``the Institute of Tropical Forestry and 
     the Institute of Pacific Islands

[[Page S771]]

     Forestry of the Forest Service,'' after ``entities,'';
       (2) in paragraph (1), by striking ``on semiarid lands'';
       (3) in paragraph (3), by striking ``from semiarid land'';
       (4) by striking paragraph (4) and inserting the following:
       ``(4) collect information on the design and installation of 
     forested riparian and upland buffers to--
       ``(A) protect water quality; and
       ``(B) manage water flow;'';
       (5) in paragraphs (6) and (7), by striking ``on semiarid 
     lands'' each place it appears;
       (6) by striking paragraph (8) and inserting the following:
       ``(8) provide international leadership in the worldwide 
     development and exchange of agroforestry practices;'';
       (7) in paragraph (9), by striking ``on semiarid lands'';
       (8) in paragraph (10), by striking ``and'' at the end;
       (9) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (10) by adding at the end the following:
       ``(12) quantify the carbon storage potential of 
     agroforestry practices such as--
       ``(A) windbreaks;
       ``(B) forested riparian buffers;
       ``(C) silvopasture timber and grazing systems; and
       ``(D) alley cropping.''.

     SEC. 8____. OFFICE OF TRIBAL RELATIONS.

       The Cooperative Forestry Assistance Act of 1978 is amended 
     by inserting after section 19 (16 U.S.C. 2113) the following:

     ``SEC. 19A. OFFICE OF TRIBAL RELATIONS.

       ``(a) Definitions.--In this section:
       ``(1) 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).
       ``(2) Office.--The term `Office' means the Office of Tribal 
     Relations established under subsection (b)(1).
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       ``(b) Establishment.--
       ``(1) In general.--The Secretary shall establish within the 
     Forest Service the Office of Tribal Relations.
       ``(2) Director.--The Office shall be headed by a Director, 
     who shall--
       ``(A) be appointed by the Secretary, in consultation with 
     interested Indian tribes; and
       ``(B) report directly to the Secretary.
       ``(3) Administrative support.--The Secretary shall ensure, 
     to the maximum extent practicable, that adequate staffing and 
     funds are made available to enable the Director to carry out 
     the duties described in subsection (c).
       ``(c) Duties of the Director.--
       ``(1) In general.--The Director shall--
       ``(A) provide advice to the Secretary on all issues, 
     policies, actions, and programs of the Forest Service that 
     affect Indian tribes, including--
       ``(i) consultation with tribal governments;
       ``(ii) programmatic review for equitable tribal 
     participation;
       ``(iii) monitoring and evaluation of relations between the 
     Forest Service and Indian tribes;
       ``(iv) the coordination and integration of programs of the 
     Forest Service that affect, or are of interest to, Indian 
     tribes;
       ``(v) training of Forest Service personnel for competency 
     in tribal relations; and
       ``(vi) the development of legislation affecting Indian 
     tribes;
       ``(B) coordinate organizational responsibilities within the 
     administrative units of the Forest Service to ensure that 
     matters affecting the rights and interests of Indian tribes 
     are handled in a manner that is--
       ``(i) comprehensive;
       ``(ii) responsive to tribal needs; and
       ``(iii) consistent with policy guidelines of the Forest 
     Service;
       ``(C)(i) develop generally applicable policies and 
     procedures of the Forest Service pertaining to Indian tribes; 
     and
       ``(ii) monitor the application of those policies and 
     procedures throughout the administrative regions of the 
     Forest Service;
       ``(D) provide such information or guidance to personnel of 
     the Forest Service that are responsible for tribal relations 
     as is required, as determined by the Secretary;
       ``(E) exercise such direct administrative authority 
     pertaining to tribal relations programs as may be delegated 
     by the Secretary;
       ``(F) for the purpose of coordinating programs and 
     activities of the Forest Service with programs and actions of 
     other agencies or departments that affect Indian tribes, 
     consult with--
       ``(i) other agencies of the Department of Agriculture, 
     including the Natural Resources Conservation Service; and
       ``(ii) other Federal agencies, including--

       ``(I) the Department of the Interior; and
       ``(II) the Environmental Protection Agency;

       ``(G) submit to the Secretary an annual report on the 
     status of relations between the Forest Service and Indian 
     tribes that includes, at a minimum--
       ``(i) an examination of the participation of Indian tribes 
     in programs administered by the Secretary;
       ``(ii) a description of the status of initiatives being 
     carried out to improve working relationships with Indian 
     tribes; and
       ``(iii) recommendations for improvements or other 
     adjustments to operations of the Forest Service that would be 
     beneficial in strengthening working relationships with Indian 
     tribes; and
       ``(H) carry out such other duties as the Secretary may 
     assign.
       ``(d) Coordination.--In carrying out this section, the 
     Office and other offices within the Forest Service shall 
     consult on matters involving the rights and interests of 
     Indian tribes.''.

     SEC. 8____. ASSISTANCE TO TRIBAL GOVERNMENTS.

       The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2101 et seq.) is amended by adding at the end the following:

     ``SEC. 21. ASSISTANCE TO TRIBAL GOVERNMENTS.

       ``(a) Definition of Indian Tribe.--In this section, 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).
       ``(b) Establishment.--The Secretary may provide financial, 
     technical, educational and related assistance to Indian 
     tribes for--
       ``(1) tribal consultation and coordination with the Forest 
     Service on issues relating to--
       ``(A) tribal rights and interests on National Forest System 
     land (including national forests and national grassland);
       ``(B) coordinated or cooperative management of resources 
     shared by the Forest Service and Indian tribes; and
       ``(C) provision of tribal traditional, cultural, or other 
     expertise or knowledge;
       ``(2) projects and activities for conservation education 
     and awareness with respect to forest land under the 
     jurisdiction of Indian tribes;
       ``(3) technical assistance for forest resources planning, 
     management, and conservation on land under the jurisdiction 
     of Indian tribes; and
       ``(4) the acquisition by Indian tribes, from willing 
     sellers, of conservation interests (including conservation 
     easements) in forest land and resources on land under the 
     jurisdiction of the Indian tribes.
       ``(c) Implementation.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this section, the Secretary shall promulgate 
     regulations to implement subsection (b) (including 
     regulations for determining the distribution of assistance 
     under that subsection).
       ``(2) Consultation.--In developing regulations under 
     paragraph (1), the Secretary shall engage in full, open, and 
     substantive consultation with Indian tribes and 
     representatives of Indian tribes.
       ``(d) Coordination With the Secretary of the Interior.--The 
     Secretary shall coordinate with the Secretary of the Interior 
     during the establishment, implementation, and administration 
     of subsection (b) to ensure that programs under that 
     subsection--
       ``(1) do not conflict with tribal programs provided under 
     the authority of the Department of the Interior; and
       ``(2) meet the goals of the Indian tribes.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for fiscal year 2002 and each fiscal 
     year thereafter.''.

     SEC. 8____. SUDDEN OAK DEATH SYNDROME.

       (a) Findings.--Congress finds that--
       (1) tan oak, coast live oak, Shreve's oak, and black oak 
     trees are among the most beloved features of the topography 
     of California and the Pacific Northwest and efforts should be 
     made to protect those trees from disease;
       (2) the die-off of those trees, as a result of the exotic 
     Phytophthora fungus, is approaching epidemic proportions;
       (3) very little is known about the new species of 
     Phytophthora, and scientists are struggling to understand the 
     causes of sudden oak death syndrome, the methods of 
     transmittal, and how sudden oak death syndrome can best be 
     treated;
       (4) the Phytophthora fungus has been found on--
       (A) Rhododendron plants in nurseries in California; and
       (B) wild huckleberry plants, potentially endangering the 
     commercial blueberry and cranberry industries;
       (5) sudden oak death syndrome threatens to create major 
     economic and environmental problems in California, the 
     Pacific Northwest, and other regions, including--
       (A) the increased threat of fire and fallen trees;
       (B) the cost of tree removal and a reduction in property 
     values; and
       (C) loss of revenue due to--
       (i) restrictions on imports of oak products and nursery 
     stock; and
       (ii) the impact on the commercial rhododendron, blueberry, 
     and cranberry industries; and
       (6) Oregon and Canada have imposed an emergency quarantine 
     on the importation of oak trees, oak products, and certain 
     nursery plants from California.
       (b) Research, Monitoring, and Treatment of Sudden Oak Death 
     Syndrome.--
       (1) In general.--The Secretary of Agriculture (referred to 
     in this section as the ``Secretary'') shall carry out a 
     sudden oak death syndrome research, monitoring, and treatment 
     program to develop methods to control, manage, or eradicate 
     sudden oak death syndrome from oak trees on public and 
     private land.
       (2) Research, monitoring, and treatment activities.--In 
     carrying out the program under paragraph (1), the Secretary 
     may--
       (A) conduct open space, roadside, and aerial surveys;

[[Page S772]]

       (B) provide monitoring technique workshops;
       (C) develop baseline information on the distribution, 
     condition, and mortality rates of oaks in California and the 
     Pacific Northwest;
       (D) maintain a geographic information system database;
       (E) conduct research activities, including research on 
     forest pathology, Phytophthora ecology, forest insects 
     associated with oak decline, urban forestry, arboriculture, 
     forest ecology, fire management, silviculture, landscape 
     ecology, and epidemiology;
       (F) evaluate the susceptibility of oaks and other 
     vulnerable species throughout the United States; and
       (G) develop and apply treatments.
       (c) Management, Regulation, and Fire Prevention.--
       (1) In general.--The Secretary shall conduct sudden oak 
     death syndrome management, regulation, and fire prevention 
     activities to reduce the threat of fire and fallen trees 
     killed by sudden oak death syndrome.
       (2) Management, regulation, and fire prevention 
     activities.--In carrying out paragraph (1), the Secretary 
     may--
       (A) conduct hazard tree assessments;
       (B) provide grants to local units of government for hazard 
     tree removal, disposal and recycling, assessment and 
     management of restoration and mitigation projects, green 
     waste treatment facilities, reforestation, resistant tree 
     breeding, and exotic weed control;
       (C) increase and improve firefighting and emergency 
     response capabilities in areas where fire hazard has 
     increased due to oak die-off;
       (D) treat vegetation to prevent fire, and assessment of 
     fire risk, in areas heavily infected with sudden oak death 
     syndrome;
       (E) conduct national surveys and inspections of--
       (i) commercial rhododendron and blueberry nurseries; and
       (ii) native rhododendron and huckleberry plants;
       (F) provide for monitoring of oaks and other vulnerable 
     species throughout the United States to ensure early 
     detection; and
       (G) provide diagnostic services.
       (d) Education and Research.--
       (1) In general.--The Secretary shall conduct education and 
     outreach activities to make information available to the 
     public on sudden death oak syndrome.
       (2) Education and outreach activities.--In carrying out 
     paragraph (1), the Secretary may--
       (A) develop and distribute educational materials for 
     homeowners, arborists, urban foresters, park managers, public 
     works personnel, recreationists, nursery workers, 
     landscapers, naturists, firefighting personnel, and other 
     individuals, as the Secretary determines appropriate;
       (B) design and maintain a website to provide information on 
     sudden oak death syndrome; and
       (C) provide financial and technical support to States, 
     local governments, and nonprofit organizations providing 
     information on sudden oak death syndrome.
       (e) Sudden Oak Death Syndrome Advisory Committee.--
       (1) Establishment.--
       (A) In general.--The Secretary shall establish a Sudden Oak 
     Death Syndrome Advisory Committee (referred to in this 
     subsection as the ``Committee'') to assist the Secretary in 
     carrying out this section.
       (B) Membership.--
       (i) Composition.--The Committee shall consist of--

       (I) 1 representative of the Animal and Plant Health 
     Inspection Service, to be appointed by the Administrator of 
     the Animal and Plant Health Inspection Service;
       (II) 1 representative of the Agricultural Research Service, 
     to be appointed by the Administrator of the Agricultural 
     Research Service;
       (III) 1 representative of the Forest Service, to be 
     appointed by the Chief of the Forest Service;
       (IV) 2 individuals appointed by the Secretary from each of 
     the States affected by sudden oak death syndrome; and
       (V) any individual, to be appointed by the Secretary, in 
     consultation with the Governors of the affected States, that 
     the Secretary determines--

       (aa) has an interest or expertise in sudden oak death 
     syndrome; and
       (bb) would contribute to the Committee.
       (ii) Date of appointments.--The appointment of a member of 
     the Committee shall be made not later than 90 days after the 
     date of enactment of this Act.
       (C) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Committee have been appointed, 
     the Committee shall hold the initial meeting of the 
     Committee.
       (2) Duties.--
       (A) Implementation plan.--The Committee shall prepare a 
     comprehensive implementation plan to address the management, 
     control, and eradication of sudden oak death syndrome.
       (B) Reports.--
       (i) Interim report.--Not later than 1 year after the date 
     of enactment of this Act, the Committee shall submit to 
     Congress the implementation plan prepared under paragraph 
     (1).
       (ii) Final report.--Not later than 3 years after the date 
     of enactment of this Act, the Committee shall submit to 
     Congress a report that contains--

       (I) a summary of the activities of the Committee;
       (II) an accounting of funds received and expended by the 
     Committee; and
       (III) findings and recommendations of the Committee.

       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2002 through 
     2006--
       (1) to carry out subsection (b), $7,500,000, of which not 
     more than $1,500,000 shall be used for treatment;
       (2) to carry out subsection (c), $6,000,000;
       (3) to carry out subsection (d), $500,000; and
       (4) to carry out subsection (e), $250,000.

     SEC. 8____. INDEPENDENT INVESTIGATION OF FIREFIGHTER 
                   FATALITIES.

       In the case of each fatality of an officer or employee of 
     the Forest Service that occurs due to wildfire entrapment or 
     burnover, the Inspector General of the Department of 
     Agriculture shall--
       (1) conduct an investigation that does not rely on, and is 
     completely independent of, any investigation of the fatality 
     that is conducted by the Forest Service; and
       (2) submit to Congress and the Secretary of Agriculture a 
     report on the fatality.

     SEC. 8____. ADAPTIVE ECOSYSTEM RESTORATION OF ARIZONA AND NEW 
                   MEXICO FORESTS AND WOODLANDS.

       (a) Findings.--Congress finds that--
       (1) fire suppression, logging, and overgrazing have 
     degraded the ecological conditions of forests and woodlands 
     in Arizona and New Mexico;
       (2) some of those forests and woodlands contain unnaturally 
     high quantities of biomass that are subject to large, high 
     intensity wildfires that endanger human lives and livelihoods 
     and ecological sustainability;
       (3) degraded forests and woodlands have led to--
       (A) declining biodiversity;
       (B) decreased stream and spring flows;
       (C) impaired watershed values;
       (D) increased susceptibility to insects and diseases;
       (E) increases in mortality in the oldest trees; and
       (F) degraded habitats for wildlife and humans;
       (4) healthy forest and woodland ecosystems--
       (A) minimize the threat of unnatural wildfire;
       (B) improve wildlife habitat;
       (C) increase tree, grass, forb, and shrub productivity;
       (D) enhance watershed values; and
       (E) provide a basis for economically and environmentally 
     sustainable uses;
       (5) forest and woodland treatments intended to restore 
     degraded ecosystems should be developed using the best 
     available scientific knowledge;
       (6) treatments not supported by sound science may fail to 
     achieve long-term ecosystem health and resource restoration 
     objectives;
       (7)(A) scientific research must be integrated with ongoing 
     land management activities; and
       (B) restoration techniques must be continually reevaluated 
     and adapted to reflect new knowledge and to meet the 
     practical needs of land managers and communities developing 
     and implementing restoration treatments; and
       (8) scientific knowledge must be translated and transferred 
     to land managers, resource specialists, communities, and 
     stakeholders that collaborate in the development and 
     implementation of those treatments.
       (b) Purposes.--The purposes of this section are--
       (1) to--
       (A) improve the ecological health, resource values, and 
     sustainability of forest and woodland ecosystems in Arizona 
     and New Mexico; and
       (B) reduce the threat of unnatural wildfire, disease, and 
     insect infestations in those States;
       (2) to restore ecosystem structure and function so that 
     ecosystems will--
       (A) support biodiversity;
       (B) enhance watershed values;
       (C) increase water flow to seeps and springs; and
       (D) increase tree, grass, forb, and shrub vigor and growth 
     to provide sustainable economic activities for current and 
     future generations;
       (3) to develop the scientific knowledge to inform the 
     design of adaptive ecosystem management restoration 
     treatments that will restore long-term ecological health to 
     forests and woodlands in the States; and
       (4) to encourage collaboration among land management 
     agencies, communities, and interest groups in developing, 
     implementing, and monitoring adaptive ecosystem management 
     restoration treatments that are ecologically sound, 
     economically viable, and socially responsible.
       (c) Definitions.--In this section:
       (1) Adaptive ecosystem management.--The term ``adaptive 
     ecosystem management'' means management practiced by engaging 
     researchers, land managers, resource specialists, policy 
     analysts, decisionmakers, nonprofit organizations, and 
     communities in conducting collaborative large-scale 
     management experiments that seek to restore ecosystem health 
     while seeking unexplored opportunities to enhance natural 
     resource values.
       (2) Ecological integrity.--The term ``ecological 
     integrity'' includes a critical range of variability in 
     biodiversity, ecological processes and structures, regional 
     and historical

[[Page S773]]

     context, and sustainable forestry practices in forests and 
     woodlands.
       (3) Ecological restoration.--The term ``ecological 
     restoration'' means the process of assisting the recovery and 
     management of ecological integrity.
       (4) Institute.--The term ``Institute'' means an institute 
     established under subsection (d)(1).
       (5) Land management agency.--The term ``land management 
     agency'' means a Federal, State, local, or tribal land 
     management agency.
       (6) Practitioner.--The term ``practitioner'' means a person 
     or entity that practices natural resource management.
       (7) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary of Agriculture, acting through the Chief 
     of the Forest Service; and
       (B) the Secretary of the Interior.
       (8) State.--The term ``State'' means--
       (A) the State of Arizona; and
       (B) the State of New Mexico.
       (d) Establishment of Institutes.--
       (1) In general.--The Secretary of Agriculture, in 
     consultation with the Secretary of the Interior, shall 
     establish--
       (A) an Ecological Restoration Institute in Flagstaff, 
     Arizona; and
       (B) an Institute at a college or university in the State of 
     New Mexico selected by the Secretary of Agriculture, in 
     consultation with the Secretary of the Interior.
       (2) Scope of research; transfer of information.--Each 
     Institute shall--
       (A) plan, conduct, or otherwise arrange for applied 
     ecosystem management research that--
       (i) assists in answering questions identified by land 
     managers, practitioners, and others concerned with land 
     management; and
       (ii) will be useful in the development and implementation 
     of practical, science-based, ecological restoration 
     treatments;
       (B) translate scientific knowledge into communication tools 
     that are easily understood by land managers, natural resource 
     professionals, and concerned citizens; and
       (C) provide similar information to land managers and other 
     interested persons.
       (3) Cooperation.--Each Institute shall cooperate with--
       (A) researchers at colleges and universities in the States 
     that have demonstrated capabilities for research, information 
     dissemination, continuing education, and undergraduate and 
     graduate training, to develop broad capacity to implement 
     ecological restoration in forest and woodland ecosystems; and
       (B) other organizations and entities in the region (such as 
     the Western Governors' Association, Southwest Strategy group, 
     the Southwest Fire Management Board, and the Arizona 
     Governor's Forest Health/Fire Plan Advisory Committee), to 
     increase and accelerate efforts to restore forest ecosystem 
     health and abate unnatural and unwanted wildfire.
       (4) Approval of annual work plan; requisite assurances.--As 
     a condition to the receipt of funds made available under 
     subsection (g), for each fiscal year, each Institute shall 
     submit to the Secretary of Agriculture, for review by the 
     Secretary of Agriculture, in consultation with the Secretary 
     of the Interior, an annual work plan that includes 
     assurances, satisfactory to the Secretaries, that the 
     proposed work will serve the information needs of--
       (A) land managers;
       (B) practitioners;
       (C) concerned citizens and communities; and
       (D) the States.
       (e) Cooperation Between Institutes and Federal Agencies.--
     In carrying out this section, the Secretary of Agriculture, 
     in consultation with the Secretary of the Interior--
       (1) shall encourage other Federal departments, agencies, 
     and instrumentalities to use and take advantage of, on a 
     cooperative basis, the expertise and capabilities that are 
     available through the Institutes;
       (2) shall encourage cooperation and coordination with other 
     Federal programs relating to--
       (A) ecological restoration; and
       (B) wildfire risk reduction;
       (3) may (notwithstanding chapter 63 of title 31, United 
     States Code)--
       (A) enter into contracts, cooperative agreements, 
     interagency personal agreements; and
       (B) carry out other transactions;
       (4) may accept funds from other Federal departments, 
     agencies, and instrumentalities to supplement or fully fund 
     grants made, and contracts entered into, by the Secretaries;
       (5) may promulgate such regulations as the Secretaries 
     consider appropriate;
       (6) may support a program of internships for qualified 
     individuals at the undergraduate and graduate levels to carry 
     out the educational and training objectives of this section; 
     and
       (7) shall encourage professional education and public 
     information activities relating to the purposes of this 
     section.
       (f) Monitoring and Evaluation.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary, in consultation with the Secretary of the 
     Interior, shall complete a detailed evaluation of each 
     Institute--
       (A) to ensure, to the maximum extent practicable, that the 
     research, communication tools, and information transfer 
     activities of the Institute meet the needs of--
       (i) land managers;
       (ii) practitioners;
       (iii) concerned citizens and communities; and
       (iv) the States; and
       (B) to determine whether continued provision of Federal 
     assistance to the Institute is warranted.
       (2) Standards for receipt of financial assistance.--If, as 
     a result of an evaluation under paragraph (1), the Secretary, 
     in consultation with the Secretary of the Interior, 
     determines that an Institute does not qualify for further 
     Federal assistance under this section, the Institute shall 
     receive no further Federal assistance under this section 
     until such time as the qualifications of the Institute are 
     reestablished to the satisfaction of the Secretaries.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each fiscal year.
       On page 875, at the end of line 3, add ``and''.
       On page 875, beginning on line 9, strike the semicolon and 
     all that follows through line 24 and insert a period.
       On page 876, line 4, strike ``647'' and insert ``6____''.
       On page 877, strike lines 1 through 7 and insert the 
     following:
       ``(C) Exclusions.--The term `biomass' does not include--
       ``(i) paper that is commonly recycled; or
       ``(ii) unsegregated garbage.
       On page 884, strike lines 1 through 6 and insert the 
     following:
       ``(2) Biorefinery.--The term `biorefinery' means equipment 
     and processes that--
       ``(A) convert biomass into fuels and chemicals; and
       ``(B) may produce electricity.
       On page 885, strike lines 7 through 15 and insert the 
     following:
       ``(A) In general.--In selecting projects to receive grants 
     under subsection (c), the Secretary--
       ``(i) shall select projects based on the likelihood that 
     the projects will demonstrate the commercial viability of a 
     process for converting biomass into fuels or chemicals; and
       ``(ii) may consider the likelihood that the projects will 
     produce electricity.
       On page 886, line 8, strike ``and''.
       On page 886, line 10, strike the period and insert ``; 
     and''.
       On page 886, between lines 10 and 11, insert the following:
       ``(x) the potential for developing advanced industrial 
     biotechnology approaches.
       On page 898, line 8, strike ``15'' and insert ``30''.
       On page 898, strike lines 10 through 14 and insert the 
     following:
       ``(ii) Maximum amount of combined grant and loan.--The 
     combined amount of a grant and loan made or guaranteed under 
     subsection (a) for a renewable energy system shall not exceed 
     60 percent of the cost of the renewable energy system.
       On page 899, line 8, strike ``15'' and insert ``25''.
       On page 899, strike lines 11 through 15 and insert the 
     following:
       ``(ii) Maximum amount of combined grant and loan.--The 
     combined amount of a grant and loan made or guaranteed under 
     subsection (a) for an energy efficiency project shall not 
     exceed 50 percent of the cost of the energy efficiency 
     improvement.
       On page 901, strike line 17 and insert the following:
       ``(a) Findings.--Congress finds that--
       ``(1) fuel cells are a highly efficient, clean, and 
     flexible technology for generating electricity from hydrogen 
     that promises to improve the environment, electricity 
     reliability, and energy security;
       ``(2)(A) because fuel cells can be made in any size, fuel 
     cells can be used for a wide variety of farm applications, 
     including powering farm vehicles, equipment, houses, and 
     other operations; and
       ``(B) much of the initial use of fuel cells is likely to be 
     in remote and off-grid applications in rural areas; and
       ``(3) hydrogen is a clean and flexible fuel that can play a 
     critical role in storing and transporting energy produced on 
     farms from renewable sources (including biomass, wind, and 
     solar energy).
       ``(b) Grant program.--The Secretary of Agriculture, in
       On page 902, strike line 5 and insert the following:
       ``(c) Eligible Entities.--Under subsection (b), the
       On page 902, line 12, strike``research''.
       On page 902, line 15, strike ``or''.
       On page 902, line 16, strike the period and insert ``; 
     or''.
       On page 902, between lines 16 and 17, insert the following:
       ``(7) a consortium comprised of entities described in 
     paragraphs (1) through (6).''
       On page 902, line 17, strike ``(c)'' and insert ``(d)''.
       On page 902, line 19, strike ``(a)(1),'' and insert 
     ``(b)(1),''.
       On page 902, strike line 23 and insert the following:
       ``(3) generate both usable electricity and heat;
       On page 903, line 5, strike ``(d)'' and insert ``(e)''.
       On page 903, line 7, strike ``(a)'' and insert ``(b)''.
       On page 903, line 9, strike ``(e)'' and insert ``(f)''.
       In Amendment No. 2471 (FLO01.633), on page 8, strike lines 
     21 through 24 and insert the following:

[[Page S774]]

       ``(A) a college or university or a research foundation 
     maintained by a college or university;
       In Amendment No. 2471 (FLO01.633), on page 5, line 11, 
     strike ``leakage and performance'' and insert ``leakage, 
     performance, and permanence''
       In Amendment No. 2471 (FLO01.633), on page 10, line 5, 
     strike ``and establish''.
       In Amendment No. 2471 (FLO01.633), on page 10, strike line 
     15 and insert the following:
       ``(2) Development of benchmark standards.--
       ``(A) In general.--The Secretary shall develop benchmark 
     standards for measuring the carbon content of soils and 
     plants (including trees) based on--
       ``(i) information from the conference under paragraph (1);
       ``(ii) research conducted under this section; and
       ``(iii) other information available to the Secretary.
       ``(B) Opportunity for public comment.--The Secretary shall 
     provide an opportunity for the public to comment on the 
     benchmark standards developed under subparagraph (A).
       ``(3) Report.--Not later than 180 days after
       In Amendment No. 2471 (FLO01.633), on page 13, line 22, 
     strike ``emission'' and insert ``emissions''.
       In Amendment No. 2471 (FLO01.633), on page 14, lines 9 and 
     10, strike ``farmers and ranchers.'' and insert ``farmers, 
     ranchers, private forest landowners, and State agencies.''.
       In Amendment No. 2471 (FLO01.633), on page 14, beginning on 
     line 16, strike ``farmers and ranchers'' and all that follows 
     through line 18 and insert ``farmers, ranchers, private 
     forest landowners, and State agencies may better understand 
     the global implications of the activities of the farmers, 
     ranchers, private forest landowners, and State agencies.''.
       In Amendment No. 2471 (FLO01.633), on page 15, strike lines 
     12 through 23 and insert the following:

     ``SEC. 310. FUNDING.

       ``(a) Transfers by the Secretary of the Treasury.--
       ``(1) In General.--Not later than 30 days after the date of 
     enactment of this subsection, and on October 1, 2002, and 
     each October 1 thereafter through October 1, 2005, out of any 
     funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary to 
     carry out this title $15,000,000, to remain available until 
     expended.
       ``(2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this title the funds transferred under paragraph (1), without 
     further appropriation.
       ``(b) Authorization of Appropriations.--In addition to 
     amounts transferred under subsection (a), there are 
     authorized to be appropriated to carry out this title 
     $49,000,000 for each of fiscal years 2002 through 2006.''.
       In Amendment No. 2471 (FLO01.633), on page 16, line 6, 
     strike ``(as amended by section 661)''.
       In Amendment No. 2471 (FLO01.633), on page 16, line 8, 
     strike ``21'' and insert ``20''.
       In Amendment No. 2471 (FLO01.633), on page 16, strike lines 
     10 through 13 and insert the following:
       ``(a) Definitions.--In this section:
       ``(1) Renewable energy.--The term `renewable energy' means 
     energy derived from a wind, solar, biomass, geothermal, or 
     hydrogen source.
       ``(2) Rural area.--The term `rural area' includes any area 
     that is not within the boundaries of--
       ``(A) a city, town, village, or borough having a population 
     of more than 20,000; or
       ``(B) an urbanized area (as determined by the Secretary).
       In Amendment No. 2471 (FLO01.633), on page 16, line 17, 
     after ``utilities'', insert the following: ``(as determined 
     by the Secretary)''.
       In Amendment No. 2471 (FLO01.633), on page 20, line 12, 
     insert ``(as amended by section 7____)'' after ``7261 et 
     seq.)''.
       In Amendment No. 2471 (FLO01.633), on page 20, line 14, 
     strike ``409'' and insert ``412''.
       In Amendment No. 2471 (FLO01.633), beginning on page 23, 
     strike line 23 and all that follows through page 25, line 10, 
     and insert the following:
       ``(B) Eligibility criteria.--To be eligible for a grant 
     under paragraph (1), a project shall (as determined by the 
     Secretary)--
       ``(i) be designed to--

       ``(I) achieve long-term sequestration of carbon or long-
     term reductions in greenhouse gas emissions;
       ``(II) address concerns regarding leakage and permanence; 
     or
       ``(III) promote additionality; and

       ``(ii) not involve--

       ``(I) the reforestation of land that has been deforested 
     since 1990; or
       ``(II) the conversion of native grassland.

       ``(C) Priority criteria.--The Secretary shall give priority 
     in awarding a grant under paragraph (1) to an eligible 
     project that--
       ``(i) involves multiple parties, a whole farm approach, or 
     any other approach, such as the aggregation of land areas, 
     that would--

       ``(I) increase the environmental benefits or reduce the 
     transaction costs of the eligible project; and
       ``(II) reduce the costs of measuring, monitoring, and 
     verifying any net sequestration of carbon or net reduction in 
     greenhouse gas emissions; and

       ``(ii) provides certain benefits, such as improvements in--

       ``(I) soil fertility;
       ``(II) wildlife habitat;
       ``(III) water quality;
       ``(IV) soil erosion management;
       ``(V) the use of renewable resources to produce energy;
       ``(VI) the avoidance of ecosystem fragmentation; and
       ``(VII) the promotion of ecosystem restoration with native 
     species.

       In Amendment No. 2471 (FLO01.633), on page 26, strike lines 
     8 through 21.
       In Amendment No. 2471 (FLO01.633), on page 26, line 22, 
     strike ``(d)'' and insert ``(c)''
       In Amendment No. 2471 (FLO01.633), on page 27, line 6, 
     strike ``(e)'' and insert ``(d)''.
       On page 930, strike lines 8 through 10 and insert the 
     following:

                ``Subtitle D--Country of Origin Labeling

     ``SEC. 281. DEFINITIONS.

       On page 930, between lines 21 and 22, insert the following:
       ``(iv) wild fish;
       On page 930, line 22, strike ``(iv)'' and insert ``(v)''.
       On page 930, line 24, strike ``(v)'' and insert ``(vi)''.
       On page 932, between lines 5 and 6, insert the following:
       ``(9) Wild fish.--
       ``(A) In general.--The term `wild fish' means naturally-
     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 
     shellfish.
       ``(C) Exclusions.--The term `wild fish' excludes net-pen 
     aquacultural or other farm-raised fish.
       On page 932, line 6, strike ``272'' and insert ``282''.
       On page 932, line 20, strike ``and'' at the end.
       On page 932, line 23, strike ``and'' at the end.
       On page 932, after line 23, add the following:
       ``(C) 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
       On page 933, line 1, strike ``(C)'' and insert ``(D)''.
       On page 933, between lines 3 and 4, insert the following:
       ``(3) Wild fish and farm-raised fish.--The notice of 
     country of origin for wild fish and farm-raised fish shall 
     distinguish between wild fish and farm-raised fish.
       On page 934, line 6, strike ``274'' and insert ``284''.
       On page 935, line 12, strike ``273'' and insert ``283''.
       On page 935, line 16, strike ``272'' and insert ``282''.
       On page 935, line 23, strike ``272'' and insert ``282''.
       On page 936, line 1, strike ``272'' and insert ``282''.
       On page 936, line 6, strike ``274'' and insert ``284''.
       On page 936, line 14, strike ``275'' and insert ``285''.
       On page 937, strike lines 1 through 3 and insert the 
     following:

           ``Subtitle E--Commodity-Specific Grading Standards

     ``SEC. 291. DEFINITION OF SECRETARY.

       On page 937, line 6, strike ``282'' and insert ``292''.
       On page 937, line 12, strike ``283'' and insert ``293''.
       On page 937, between lines 16 and 17, insert the following:

     SEC. 10____. EQUAL CROP INSURANCE TREATMENT OF POTATOES AND 
                   SWEET POTATOES.

       Section 508(a)(2) of the Federal Crop Insurance Act (7 
     U.S.C. 1508(a)(2)) is amended in the first sentence by 
     striking ``and potatoes'' and inserting ``, potatoes, and 
     sweet potatoes''.
       On page 941, between lines 4 and 5, insert the following:

                  Subtitle C--Animal Health Protection

     SEC. 1021. SHORT TITLE.

       This subtitle may be cited as the ``Animal Health 
     Protection Act''.

     SEC. 1022. FINDINGS.

       Congress finds that--
       (1) the prevention, detection, control, and eradication of 
     diseases and pests of animals are essential to protect--
       (A) animal health;
       (B) the health and welfare of the people of the United 
     States;
       (C) the economic interests of the livestock and related 
     industries of the United States;
       (D) the environment of the United States; and
       (E) interstate commerce and foreign commerce of the United 
     States in animals and other articles;
       (2) animal diseases and pests are primarily transmitted by 
     animals and articles regulated under this subtitle;
       (3) the health of animals is affected by the methods by 
     which animals and articles are transported in interstate 
     commerce and foreign commerce;
       (4) the Secretary must continue to conduct research on 
     animal diseases and pests that constitute a threat to the 
     livestock of the United States; and
       (5)(A) all animals and articles regulated under this 
     subtitle are in or affect interstate commerce or foreign 
     commerce; and

[[Page S775]]

       (B) regulation by the Secretary and cooperation by the 
     Secretary with foreign countries, States or other 
     jurisdictions, or persons are necessary--
       (i) to prevent and eliminate burdens on interstate commerce 
     and foreign commerce;
       (ii) to regulate effectively interstate commerce and 
     foreign commerce; and
       (iii) to protect the agriculture, environment, economy, and 
     health and welfare of the people of the United States.

     SEC. 1023. DEFINITIONS.

       In this subtitle:
       (1) Animal.--The term ``animal'' means any member of the 
     animal kingdom (except a human).
       (2) Article.--The term ``article'' means any pest or 
     disease or any material or tangible object that could harbor 
     a pest or disease.
       (3) Disease.--The term ``disease'' means--
       (A) any infectious or noninfectious disease or condition 
     affecting the health of livestock; or
       (B) any condition detrimental to production of livestock.
       (4) Enter.--The term ``enter'' means to move into the 
     commerce of the United States.
       (5) Export.--The term ``export'' means to move from a place 
     within the territorial limits of the United States to a place 
     outside the territorial limits of the United States.
       (6) Facility.--The term ``facility'' means any structure.
       (7) Import.--The term ``import'' means to move from a place 
     outside the territorial limits of the United States to a 
     place within the territorial limits of the United States.
       (8) 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).
       (9) Interstate commerce.--The term ``interstate commerce'' 
     means trade, traffic, or other commerce--
       (A) between a place in a State and a place in another 
     State, or between places within the same State but through 
     any place outside that State; or
       (B) within the District of Columbia or any territory or 
     possession of the United States.
       (10) Livestock.--The term ``livestock'' means all farm-
     raised animals.
       (11) Means of conveyance.--The term ``means of conveyance'' 
     means any personal property used for or intended for use for 
     the movement of any other personal property.
       (12) Move.--The term ``move'' means--
       (A) to carry, enter, import, mail, ship, or transport;
       (B) to aid, abet, cause, or induce carrying, entering, 
     importing, mailing, shipping, or transporting;
       (C) to offer to carry, enter, import, mail, ship, or 
     transport;
       (D) to receive in order to carry, enter, import, mail, 
     ship, or transport;
       (E) to release into the environment; or
       (F) to allow any of the activities described in this 
     paragraph.
       (13) Pest.--The term ``pest'' means any of the following 
     that can directly or indirectly injure, cause damage to, or 
     cause disease in livestock:
       (A) A protozoan.
       (B) A plant.
       (C) A bacteria.
       (D) A fungus.
       (E) A virus or viroid.
       (F) An infectious agent or other pathogen.
       (G) An arthropod.
       (H) A parasite.
       (I) A prion.
       (J) A vector.
       (K) An animal.
       (L) Any organism similar to or allied with any of the 
     organisms described in this paragraph.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (15) State.--The term ``State'' means any of the States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, the Commonwealth of the Northern Mariana Islands, the 
     Virgin Islands of the United States, or any territory or 
     possession of the United States.
       (16) This subtitle.--Except when used in this section, the 
     term ``this subtitle'' includes any regulation or order 
     issued by the Secretary under the authority of this subtitle.
       (17) United states.--The term ``United States'' means all 
     of the States.

     SEC. 1024. RESTRICTION ON IMPORTATION OR ENTRY.

       (a) In General.--The Secretary may prohibit or restrict--
       (1) the importation or entry of any animal, article, or 
     means of conveyance, or use of any means of conveyance or 
     facility, if the Secretary determines that the prohibition or 
     restriction is necessary to prevent the introduction into or 
     dissemination within the United States of any pest or disease 
     of livestock;
       (2) the further movement of any animal that has strayed 
     into the United States if the Secretary determines that the 
     prohibition or restriction is necessary to prevent the 
     introduction into or dissemination within the United States 
     of any pest or disease of livestock; and
       (3) the use of any means of conveyance in connection with 
     the importation or entry of livestock if the Secretary 
     determines that the prohibition or restriction is necessary 
     because the means of conveyance has not been maintained in a 
     clean and sanitary condition or does not have accommodations 
     for the safe and proper movement of livestock.
       (b) Regulations.--The Secretary may promulgate regulations 
     requiring that any animal imported or entered be raised or 
     handled under post-importation quarantine conditions by or 
     under the supervision of the Secretary for the purpose of 
     determining whether the animal is or may be affected by any 
     pest or disease of livestock.
       (c) Destruction or Removal.--
       (1) In general.--The Secretary may order the destruction or 
     removal from the United States of--
       (A) any animal, article, or means of conveyance that has 
     been imported but has not entered the United States if the 
     Secretary determines that destruction or removal from the 
     United States is necessary to prevent the introduction into 
     or dissemination within the United States of any pest or 
     disease of livestock;
       (B) any animal or progeny of any animal, article, or means 
     of conveyance that has been imported or entered in violation 
     of this subtitle; or
       (C) any animal that has strayed into the United States if 
     the Secretary determines that destruction or removal from the 
     United States is necessary to prevent the introduction into 
     or dissemination within the United States of any pest or 
     disease of livestock.
       (2) Requirements of owners.--
       (A) Orders to disinfect.--The Secretary may require the 
     disinfection of--
       (i) a means of conveyance used in connection with the 
     importation of an animal;
       (ii) an individual involved in the importation of an animal 
     and personal articles of the individual; and
       (iii) any article used in the importation of an animal.
       (B) Failure to comply with orders.--If an owner fails to 
     comply with an order of the Secretary under this section, the 
     Secretary may--
       (i) take remedial action, destroy, or remove from the 
     United States the animal or progeny of any animal, article, 
     or means of conveyance as authorized under paragraph (1); and
       (ii) recover from the owner the costs of any care, 
     handling, disposal, or other action incurred by the Secretary 
     in connection with the remedial action, destruction, or 
     removal.

     SEC. 1025. EXPORTATION.

       (a) In General.--The Secretary may prohibit or restrict--
       (1) the exportation of any animal, article, or means of 
     conveyance if the Secretary determines that the prohibition 
     or restriction is necessary to prevent the dissemination from 
     or within the United States of any pest or disease of 
     livestock;
       (2) the exportation of any livestock if the Secretary 
     determines that the livestock is unfit to be moved;
       (3) the use of any means of conveyance or facility in 
     connection with the exportation of any animal or article if 
     the Secretary determines that the prohibition or restriction 
     is necessary to prevent the dissemination from or within the 
     United States of any pest or disease of livestock; or
       (4) the use of any means of conveyance in connection with 
     the exportation of livestock if the Secretary determines that 
     the prohibition or restriction is necessary because the means 
     of conveyance has not been maintained in a clean and sanitary 
     condition or does not have accommodations for the safe and 
     proper movement and humane treatment of livestock.
       (b) Requirements of Owners.--
       (1) Orders to disinfect.--The Secretary may require the 
     disinfection of--
       (A) a means of conveyance used in connection with the 
     exportation of an animal;
       (B) an individual involved in the exportation of an animal 
     and personal articles of the individual; and
       (C) any article used in the exportation of an animal.
       (2) Failure to comply with orders.--If an owner fails to 
     comply with an order of the Secretary under this section, the 
     Secretary may--
       (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, handling, 
     disposal, or other action incurred by the Secretary in 
     connection with the remedial action.
       (c) Certification.--The Secretary may certify the 
     classification, quality, quantity, condition, processing, 
     handling, or storage of any animal or article intended for 
     export.

     SEC. 1026. 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 
     connection 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 dissemination of any pest or disease of 
     livestock.

     SEC. 1027. 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--

[[Page S776]]

       (A) is moving or has been moved in interstate commerce 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 subtitle;
       (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-movement 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--
       (A) hold, seize, treat, apply other remedial actions to, 
     destroy (including preventative slaughter), or otherwise 
     dispose of, any animal, article, facility, or means of 
     conveyance if the Secretary determines the action is 
     necessary to prevent 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 proposed 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 information 
     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 
     conveyance referred to in subsection (a) or (b) to maintain 
     in quarantine, 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, handling, 
     disposal, or other remedial action incurred by the Secretary 
     in connection with the seizure, quarantine, disposal, or 
     other remedial action.
       (d) Compensation.--
       (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 of determination.--The determination by 
     the Secretary of the amount to be paid under this subsection 
     shall be final and not subject to judicial review.
       (3) Exceptions.--No payment shall be made by the Secretary 
     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. 1028. 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 
     regulated 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 1027(b), on probable 
     cause to believe that the person or means of conveyance is 
     carrying any animal or article quarantined under section 
     1027(b).
       (c) Inspections With Warrants.--
       (1) In general.--The Secretary may enter, with a warrant, 
     any premises in the United States for the purpose of making 
     inspections and seizures under this subtitle.
       (2) Application and issuance of warrants.--
       (A) In general.--On proper oath or affirmation showing 
     probable cause to believe that there is on certain premises 
     any animal, article, facility, or means of conveyance 
     regulated under this subtitle, a United States judge, a judge 
     of a court of record in the United States, or a United States 
     magistrate judge may issue a warrant for the entry on 
     premises within the jurisdiction of the judge or magistrate 
     to make any inspection or seizure under this subtitle.
       (B) Execution.--The warrant may be applied for and executed 
     by the Secretary or any United States marshal.

     SEC. 1029. DETECTION, CONTROL, AND ERADICATION OF DISEASES 
                   AND PESTS.

       (a) In General.--The Secretary may carry out operations and 
     measures to detect, control, or eradicate any pest or disease 
     of livestock (including the drawing of blood and diagnostic 
     testing of animals), including animals at a slaughterhouse, 
     stockyard, or other point of concentration.
       (b) Compensation.--The Secretary may pay a claim arising 
     out of the destruction of any animal, article, or means of 
     conveyance consistent with the purposes of this subtitle.

     SEC. 1030. VETERINARY ACCREDITATION PROGRAM.

       (a) In General.--The Secretary may establish a veterinary 
     accreditation program that is consistent with this subtitle, 
     including the establishment of standards of conduct for 
     accredited veterinarians.
       (b) Consultation.--The Secretary shall consult with State 
     animal health officials regarding the establishment of the 
     veterinary accreditation program.

     SEC. 1031. COOPERATION.

       (a) In General.--To carry out this subtitle, the Secretary 
     may cooperate with other Federal agencies, States or 
     political subdivisions of States, national governments of 
     foreign countries, local governments of foreign countries, 
     domestic or international organizations, domestic or 
     international associations, Indian tribes, and other persons.
       (b) Responsibility.--The person or other entity cooperating 
     with the Secretary shall be responsible for the authority 
     necessary to carry out operations or measures--
       (1) on all land and property within a foreign country or 
     State, or under the jurisdiction of an Indian tribe, other 
     than on land and property owned or controlled by the United 
     States; and
       (2) using other facilities and means, as determined by the 
     Secretary.
       (c) Screwworms.--
       (1) In general.--The Secretary may, independently or in 
     cooperation with national governments of foreign countries or 
     international organizations or associations, produce and sell 
     sterile screwworms to any national government of a foreign 
     country or international organization or association, if the 
     Secretary determines that the livestock industry and related 
     industries of the United States will not be adversely 
     affected by the production and sale.
       (2) Proceeds.--
       (A) Independent production and sale.--If the Secretary 
     independently produces and sells sterile screwworms under 
     paragraph (1), the proceeds of the sale shall be--
       (i) deposited into the Treasury of the United States; and

[[Page S777]]

       (ii) credited to the account from which the operating 
     expenses of the facility producing the sterile screwworms 
     have been paid.
       (B) Cooperative production and sale.--
       (i) In general.--If the Secretary cooperates to produce and 
     sell sterile screwworms under paragraph (1), the proceeds of 
     the sale shall be divided between the United States and the 
     cooperating national government or international organization 
     or association in a manner determined by the Secretary.
       (ii) Account.--The United States portion of the proceeds 
     shall be--

       (I) deposited into the Treasury of the United States; and
       (II) credited to the account from which the operating 
     expenses of the facility producing the sterile screwworms 
     have been paid.

       (d) Cooperation in Program Administration.--The Secretary 
     may cooperate with State authorities, Indian tribe 
     authorities, or other persons in the administration of 
     regulations for the improvement of livestock and livestock 
     products.
       (e) Consultation With Other Federal Agencies.--
       (1) In general.--The Secretary shall consult with the head 
     of a Federal agency with respect to any activity that is 
     under the jurisdiction of the Federal agency.
       (2) Lead agency.--The Department of Agriculture shall be 
     the lead agency with respect to issues related to pests and 
     diseases of livestock.

     SEC. 1032. REIMBURSABLE AGREEMENTS.

       (a) Authority To Enter Into Agreements.--The Secretary may 
     enter into reimbursable fee agreements with persons for 
     preclearance of animals or articles at locations outside the 
     United States for movement into the United States.
       (b) Funds Collected for Preclearance.--Funds collected for 
     preclearance activities shall--
       (1) be credited to accounts that may be established by the 
     Secretary for carrying out this section; and
       (2) remain available until expended for the preclearance 
     activities, without fiscal year limitation.
       (c) Payment of Employees.--
       (1) In general.--Notwithstanding any other law, the 
     Secretary may pay an officer or employee of the Department of 
     Agriculture performing services under this subtitle relating 
     to imports into and exports from the United States for all 
     overtime, night, or holiday work performed by the officer or 
     employee at a rate of pay determined by the Secretary.
       (2) Reimbursement.--
       (A) In general.--The Secretary may require a person for 
     whom the services are performed to reimburse the Secretary 
     for any expenses paid by the Secretary for the services under 
     this subsection.
       (B) Use of funds.--All funds collected under this 
     subsection shall--
       (i) be credited to the account that incurs the costs; and
       (ii) remain available until expended, without fiscal year 
     limitation.
       (d) Late Payment Penalties.--
       (1) Collection.--On failure by a person to reimburse the 
     Secretary in accordance with this section, the Secretary may 
     assess a late payment penalty against the person, including 
     interest on overdue funds, as required by section 3717 of 
     title 31, United States Code.
       (2) Use of funds.--Any late payment penalty and any accrued 
     interest shall--
       (A) be credited to the account that incurs the costs; and
       (B) remain available until expended, without fiscal year 
     limitation.

     SEC. 1033. ADMINISTRATION AND CLAIMS.

       (a) Administration.--To carry out this subtitle, the 
     Secretary may--
       (1) acquire and maintain real or personal property;
       (2) employ a person;
       (3) make a grant; and
       (4) notwithstanding chapter 63 of title 31, United States 
     Code, enter into a contract, cooperative agreement, 
     memorandum of understanding, or other agreement.
       (b) Tort Claims.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may pay a tort claim, in the manner authorized by 
     the first paragraph of section 2672 of title 28, United 
     States Code, if the claim arises outside the United States in 
     connection with an activity authorized under this subtitle.
       (2) Requirements.--A claim may not be allowed under this 
     subsection unless the claim is presented in writing to the 
     Secretary not later than 2 years after the date on which the 
     claim arises.

     SEC. 1034. PENALTIES.

       (a) Criminal Penalties.--Any person that knowingly violates 
     this subtitle, or that knowingly forges, counterfeits, or, 
     without authority from the Secretary, uses, alters, defaces, 
     or destroys any certificate, permit, or other document 
     provided under this subtitle shall be guilty of a 
     misdemeanor, and, on conviction, shall be fined in accordance 
     with title 18, United States Code, imprisoned not more than 1 
     year, or both.
       (b) Civil Penalties.--
       (1) In general.--Any person that violates this subtitle, or 
     that forges, counterfeits, or, without authority from the 
     Secretary, uses, alters, defaces, or destroys any 
     certificate, permit, or other document provided under this 
     subtitle may, after notice and opportunity for a hearing on 
     the record, be assessed a civil penalty by the Secretary that 
     does not exceed the greater of--
       (A)(i) $50,000 in the case of any individual, except that 
     the civil penalty may not exceed $1,000 in the case of an 
     initial violation of this subtitle by an individual moving 
     regulated articles not for monetary gain;
       (ii) $250,000 in the case of any other person for each 
     violation; and
       (iii) $500,000 for all violations adjudicated in a single 
     proceeding; or
       (B) twice the gross gain or gross loss for any violation or 
     forgery, counterfeiting, or unauthorized use, alteration, 
     defacing or destruction of a certificate, permit, or other 
     document provided under this subtitle that results in the 
     person's deriving pecuniary gain or causing pecuniary loss to 
     another person.
       (2) Factors in determining civil penalty.--In determining 
     the amount of a civil penalty, the Secretary shall take into 
     account the nature, circumstance, extent, and gravity of the 
     violation or violations and the Secretary may consider, with 
     respect to the violator--
       (A) the ability to pay;
       (B) the effect on ability to continue to do business;
       (C) any history of prior violations;
       (D) the degree of culpability; and
       (E) such other factors as the Secretary considers to be 
     appropriate.
       (3) Settlement of civil penalties.--The Secretary may 
     compromise, modify, or remit, with or without conditions, any 
     civil penalty that may be assessed under this subsection.
       (4) Finality of orders.--
       (A) Final order.--The order of the Secretary assessing a 
     civil penalty shall be treated as a final order reviewable 
     under chapter 158 of title 28, United States Code.
       (B) Review.--The validity of the order of the Secretary may 
     not be reviewed in an action to collect the civil penalty.
       (C) Interest.--Any civil penalty not paid in full when due 
     under an order assessing the civil penalty shall thereafter 
     accrue interest until paid at the rate of interest applicable 
     to civil judgments of the courts of the United States.
       (c) Suspension or Revocation of Accreditation.--
       (1) In general.--The Secretary may, after notice and 
     opportunity for a hearing on the record, suspend or revoke 
     the accreditation of any veterinarian accredited under this 
     subtitle that violates this subtitle.
       (2) Final order.--The order of the Secretary suspending or 
     revoking accreditation shall be treated as a final order 
     reviewable under chapter 158 of title 28, United States Code.
       (3) Summary suspension.--
       (A) In general.--Notwithstanding paragraph (1), the 
     Secretary may summarily suspend the accreditation of a 
     veterinarian who the Secretary has reason to believe has 
     violated this subtitle.
       (B) Hearings.--The Secretary shall provide the accredited 
     veterinarian with a subsequent notice and an opportunity for 
     a prompt post-suspension hearing on the record.
       (d) Liability for Acts of Agents.--In the construction and 
     enforcement of this subtitle, the act, omission, or failure 
     of any officer, agent, or person acting for or employed by 
     any other person within the scope of the employment or office 
     of the officer, agent, or person, shall be deemed also to be 
     the act, omission, or failure of the other person.
       (e) Guidelines for Civil Penalties.--The Secretary shall 
     coordinate with the Attorney General to establish guidelines 
     to determine under what circumstances the Secretary may issue 
     a civil penalty or suitable notice of warning in lieu of 
     prosecution by the Attorney General of a violation of this 
     subtitle.

     SEC. 1035. ENFORCEMENT.

       (a) Collection of Information.--
       (1) In general.--The Secretary may gather and compile 
     information and conduct any inspection or investigation that 
     the Secretary considers to be necessary for the 
     administration or enforcement of this subtitle.
       (2) Subpoenas.--
       (A) In general.--The Secretary shall have power to issue a 
     subpoena to compel the attendance and testimony of any 
     witness and the production of any documentary evidence 
     relating to the administration or enforcement of this 
     subtitle or any matter under investigation in connection with 
     this subtitle.
       (B) Location of production.--The attendance of any witness 
     and production of documentary evidence relevant to the 
     inquiry may be required from any place in the United States.
       (C) Enforcement.--
       (i) In general.--In case of disobedience to a subpoena by 
     any person, the Secretary may request the Attorney General to 
     invoke the aid of any court of the United States within the 
     jurisdiction in which the investigation is conducted, or 
     where the person resides, is found, transacts business, is 
     licensed to do business, or is incorporated, to require the 
     attendance and testimony of any witness and the production of 
     documentary evidence.
       (ii) Noncompliance.--In case of a refusal to obey a 
     subpoena issued to any person, a court may order the person 
     to appear before the Secretary and give evidence concerning 
     the matter in question or to produce documentary evidence.
       (iii) Contempt.--Any failure to obey the order of the court 
     may be punished by the court as contempt of the court.
       (D) Compensation.--
       (i) Witnesses.--A witness summoned by the Secretary under 
     this subtitle shall be

[[Page S778]]

     paid the same fees and mileage that are paid to a witness in 
     a court of the United States.
       (ii) Depositions.--A witness whose deposition is taken, and 
     the person taking the deposition, shall be entitled to the 
     same fees that are paid for similar services in a court of 
     the United States.
       (E) Procedures.--
       (i) Publication.--The Secretary shall publish procedures 
     for the issuance of subpoenas under this section.
       (ii) Review.--The procedures shall include a requirement 
     that subpoenas be reviewed for legal sufficiency and, to be 
     effective, be signed by the Secretary.
       (iii) Delegation.--If the authority to sign a subpoena is 
     delegated to an agency other than the Office of 
     Administrative Law Judges, the agency receiving the 
     delegation shall seek review of the subpoena for legal 
     sufficiency outside that agency.
       (b) Authority of Attorney General.--The Attorney General 
     may--
       (1) prosecute, in the name of the United States, all 
     criminal violations of this subtitle that are referred to the 
     Attorney General by the Secretary or are brought to the 
     notice of the Attorney General by any person;
       (2) bring an action to enjoin the violation of or to compel 
     compliance with this subtitle, or to enjoin any interference 
     by any person with the Secretary in carrying out this 
     subtitle, in any case in which the Secretary has reason to 
     believe that the person has violated, or is about to violate 
     this subtitle or has interfered, or is about to interfere, 
     with the actions of the Secretary; or
       (3) bring an action for the recovery of any unpaid civil 
     penalty, funds under a reimbursable agreement, late payment 
     penalty, or interest assessed under this subtitle.
       (c) Court Jurisdiction.--
       (1) In general.--The United States district courts, the 
     District Court of Guam, the District Court of the Northern 
     Mariana Islands, the District Court of the Virgin Islands, 
     the highest court of American Samoa, and the United States 
     courts of the other territories and possessions are vested 
     with jurisdiction in all cases arising under this subtitle.
       (2) Venue.--Any action arising under this subtitle may be 
     brought, and process may be served, in the judicial district 
     where a violation or interference occurred or is about to 
     occur, or where the person charged with the violation, 
     interference, impending violation, impending interference, or 
     failure to pay resides, is found, transacts business, is 
     licensed to do business, or is incorporated.
       (3) Exception.--Paragraphs (1) and (2) do not apply to 
     subsections (b) and (c) of section 1034.

     SEC. 1036. REGULATIONS AND ORDERS.

       The Secretary may promulgate such regulations, and issue 
     such orders, as the Secretary determines necessary to carry 
     out this subtitle.

     SEC. 1037. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this subtitle.
       (b) Transfer of Funds.--
       (1) In general.--In connection with an emergency under 
     which a pest or disease of livestock threatens any segment of 
     agricultural production in the United States, the Secretary 
     may transfer from other appropriations or funds available to 
     the agencies or corporations of the Department of Agriculture 
     such funds as the Secretary determines are necessary for the 
     arrest, control, eradication, or prevention of the spread of 
     the pest or disease of livestock and for related expenses.
       (2) Availability.--Any funds transferred under this 
     subsection shall remain available until expended, without 
     fiscal year limitation.
       (c) Use of Funds.--In carrying out this subtitle, the 
     Secretary may use funds made available to carry out this 
     subtitle for--
       (1) printing and binding, without regard to section 501 of 
     title 44, United States Code;
       (2) the employment of civilian nationals in foreign 
     countries; and
       (3) the construction and operation of research 
     laboratories, quarantine stations, and other buildings and 
     facilities for special purposes.

     SEC. 1038. REPEALS AND CONFORMING AMENDMENTS.

       (a) Repeals.--The following provisions of law are repealed:
       (1) Public Law 97-46 (7 U.S.C. 147b).
       (2) Section 101(b) of the Act of September 21, 1944 (7 
     U.S.C. 429).
       (3) The Act of August 28, 1950 (7 U.S.C. 2260).
       (4) Section 919 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 2260a).
       (5) Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306).
       (6) Sections 6 through 8 and 10 of the Act of August 30, 
     1890 (21 U.S.C. 102 through 105).
       (7) The Act of February 2, 1903 (21 U.S.C. 111, 120 through 
     122).
       (8) Sections 2 through 9, 11, and 13 of the Act of May 29, 
     1884 (21 U.S.C. 112, 113, 114, 114a, 114a-1, 115 through 120, 
     130).
       (9) The first section and sections 2, 3, and 5 of the Act 
     of February 28, 1947 (21 U.S.C. 114b, 114c, 114d, 114d-1).
       (10) The Act of June 16, 1948 (21 U.S.C. 114e, 114f).
       (11) Public Law 87-209 (21 U.S.C. 114g, 114h).
       (12) Section 2506 of the Food, Agriculture, Conservation, 
     and Trade Act of 1990 (21 U.S.C. 114i).
       (13) The third and fourth provisos of the fourth paragraph 
     under the heading ``bureau of animal industry'' of the Act of 
     May 31, 1920 (21 U.S.C. 116).
       (14) The first section and sections 2, 3, 4, and 6 of the 
     Act of March 3, 1905 (21 U.S.C. 123 through 127).
       (15) The first proviso under the heading ``General 
     expenses, Bureau of Animal Industry'' under the heading 
     ``BUREAU OF ANIMAL INDUSTRY'' of the Act of June 30, 1914 (21 
     U.S.C. 128).
       (16) The fourth proviso under the heading ``salaries and 
     expenses'' under the heading ``Animal and Plant Health 
     Inspection Service'' of title I of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (21 U.S.C. 129).
       (17) The third paragraph under the heading 
     ``MISCELLANEOUS'' of the Act of May 26, 1910 (21 U.S.C. 131).
       (18) The first section and sections 2 through 6 and 11 
     through 13 of Public Law 87-518 (21 U.S.C. 134 through 134h).
       (19) Public Law 91-239 (21 U.S.C. 135 through 135b).
       (20) Sections 12 through 14 of the Federal Meat Inspection 
     Act (21 U.S.C. 612 through 614).
       (21) Chapter 39 of title 46, United States Code.
       (b) Conforming Amendments.--
       (1) Section 414(b) of the Plant Protection Act (7 U.S.C. 
     7714(b)) is amended--
       (A) in paragraph (1), by striking ``, or the owner's 
     agent,''; and
       (B) in paragraph (2), by striking ``or agent of the owner'' 
     each place it appears.
       (2) Section 423 of the Plant Protection Act (7 U.S.C. 7733) 
     is amended--
       (A) by striking subsection (b) and inserting the following:
       ``(b) Location of Production.--The attendance of any 
     witness and production of documentary evidence relevant to 
     the inquiry may be required from any place in the United 
     States.'';
       (B) in the third sentence of subsection (e), by inserting 
     ``to an agency other than the Office of Administrative Law 
     Judges'' after ``is delegated''; and
       (C) by striking subsection (f).
       (3) Section 11(h) of the Endangered Species Act of 1973 (16 
     U.S.C. 1540(h)) is amended in the first sentence by striking 
     ``animal quarantine laws (21 U.S.C. 101-105, 111-135b, and 
     612-614)'' and inserting ``animal quarantine laws (as defined 
     in section 2509(f) of the Food, Agriculture, Conservation, 
     and Trade Act of 1990 (21 U.S.C. 136a(f))''.
       (4) Section 18 of the Federal Meat Inspection Act (21 
     U.S.C. 618) is amended by striking ``of the cattle'' and all 
     that follows through ``as herein described'' and inserting 
     ``of the carcasses and products of cattle, sheep, swine, 
     goats, horses, mules, and other equines''.
       (5) Section 2509 of the Food, Agriculture, Conservation, 
     and Trade Act of 1990 (21 U.S.C. 136a) is amended--
       (A) in subsection (c), by inserting after paragraph (1) the 
     following:
       ``(2) Veterinary diagnostics.--The Secretary may prescribe 
     and collect fees to recover the costs of carrying out the 
     provisions of the Animal Health Protection Act that relate to 
     veterinary diagnostics.''; and
       (B) in subsection (f)(1), by striking subparagraphs (B) 
     through (O) and inserting the following:
       ``(B) section 9 of the Act of August 30, 1890 (21 U.S.C. 
     101);
       ``(C) the Animal Health Protection Act; or
       ``(D) any other Act administered by the Secretary relating 
     to plant or animal diseases or pests.''.
       (c) Effect on Regulations.--A regulation issued under a 
     provision of law repealed by subsection (a) shall remain in 
     effect until the Secretary issues a regulation under section 
     1036 that supersedes the earlier regulation.
       In Amendment No. 2534 (FLO01.579), on page 1, strike line 2 
     and insert the following:

                     Subtitle D--General Provisions

     SEC. 10____. FEES FOR PESTICIDES.

       (a) Maintenance Fee.--
       (1) Amounts for registrants.--Section 4(i)(5) of the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136a-1(i)(5)) is amended--
       (A) in subparagraph (A), by striking ``each year'' and all 
     that follows and inserting ``each year $2,300 for each 
     registration'';
       (B) in subparagraph (D)--
       (i) in clause (i), by striking ``$55,000'' and inserting 
     ``$70,000''; and
       (ii) in clause (ii), by striking ``$95,000'' and inserting 
     ``$120,000''; and
       (C) in subparagraph (E)(i)--
       (i) in subclause (I) by striking ``$38,500'' and inserting 
     ``$46,000''; and
       (ii) in subclause (II), by striking ``$66,500'' and 
     inserting ``$80,000''.
       (2) Total amount of fees.--Section 4(i)(5)(C) of the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136(a)-1(i)(5)(C)) is amended--
       (A) by striking ``(C)(i) The'' and inserting the following:
       ``(C) Total amount of fees.--The'';
       (B) by striking ``$14,000,000 each fiscal year'' and 
     inserting ``$20,000,000 for the period beginning on January 
     1, 2002, and ending on February 28, 2002''; and
       (C) by striking clause (ii).
       (3) Definition of small business.--Section 4(i)(5)(E)(ii) 
     of the Federal Insecticide, Fungicide, and Rodenticide Act (7 
     U.S.C. 136a-1(i)(5)(E)(ii)) is amended--
       (A) in subclause (I), by striking ``150'' and inserting 
     ``500''; and

[[Page S779]]

       (B) in subclause (II), by striking ``gross revenue from 
     chemicals that did not exceed $40,000,000'' and inserting 
     ``global gross revenue from pesticides that did not exceed 
     $60,000,000''.
       (4) Period of effectiveness.--Section 4(i)(5) of the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136a-1(i)(5)) is amended by striking subparagraph (H) and 
     inserting the following:
       ``(H) Period of effectiveness.--This paragraph shall be in 
     effect during the period beginning on January 1, 2002, and 
     ending on February 28, 2002.''.
       (b) Other Fees.--Section 4(i)(6) of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
     1(i)(6)) is amended by striking ``the date of the enactment 
     of this section and ending on September 30, 2001'' and 
     inserting ``January 1, 2002, and ending on February 28, 
     2002''.
       (c) Expedited Processing of Similar Applications.--Section 
     4(k)(3) of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended--
       (1) in the paragraph heading, by striking ``Expedited'' and 
     inserting ``Review of inert ingredients; expedited''; and
       (2) in subparagraph (A)--
       (A) by striking ``each of the'' and all that follows 
     through ``such fiscal year'' and inserting ``the period 
     beginning on January 1, 2002, and ending on February 28, 
     2002, \1/7\ of the maintenance fees collected during the 
     period'';
       (B) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II), and (III), respectively, and adjusting 
     the margins appropriately; and
       (C) by striking ``assure the expedited processing and 
     review of any applicant that'' and inserting the following:
       ``(i) review and evaluate inert ingredients; and
       ``(ii) ensure the expedited processing and review of any 
     application that--''.
       (d) Pesticide Tolerance Processing Fees.--Section 408(m)(1) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     346a(m)(1)) is amended--
       (1) by striking ``The Administrator'' and inserting the 
     following:
       ``(A) In general.--The Administrator'';
       (2) by striking ``Under the regulations'' and inserting the 
     following:
       ``(B) Inclusions.--Under the regulations'';
       (3) by redesignating subparagraphs (A), (B), (C), and (D) 
     as clauses (i), (ii), (iii), and (iv), respectively, and 
     adjusting the margins appropriately;
       (4) by striking ``The regulations may'' and inserting the 
     following:
       ``(C) Waiver; refund.--The regulations may''; and
       (5) by adding at the end the following:
       ``(D) Annual adjustment of fees.--The Administrator may 
     annually promulgate regulations to implement changes in the 
     amounts in the schedule of pesticide tolerance processing 
     fees in effect on the date of enactment of this subparagraph 
     by the same percentage as the annual adjustment to the 
     Federal General Schedule pay scale under section 5303 of 
     title 5, United States Code.
       ``(E) Period of effectiveness.--This paragraph shall be in 
     effect during the period beginning on January 1, 2002, and 
     ending on February 28, 2002.''.

     SEC. 10____. PEST MANAGEMENT IN SCHOOLS.

       (a) Short Title.--This section may be cited as the ``School 
     Environment Protection Act of 2002''.
       (b) Pest Management.--The Federal Insecticide, Fungicide, 
     and Rodenticide Act is amended--
       (1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 
     136y) as sections 34 and 35, respectively; and
       (2) by inserting after section 32 (7 U.S.C. 136w-7) the 
     following:

     ``SEC. 33. PEST MANAGEMENT IN SCHOOLS.

       ``(a) Definitions.--In this section:
       ``(1) Bait.--The term `bait' means a pesticide that 
     contains an ingredient that serves as a feeding stimulant, 
     odor, pheromone, or other attractant for a target pest.
       ``(2) Contact person.--The term `contact person' means an 
     individual who is--
       ``(A) knowledgeable about school pest management plans; and
       ``(B) designated by a local educational agency to carry out 
     implementation of the school pest management plan of a 
     school.
       ``(3) Emergency.--The term `emergency' means an urgent need 
     to mitigate or eliminate a pest that threatens the health or 
     safety of a student or staff member.
       ``(4) Local educational agency.--The term `local 
     educational agency' has the meaning given the term in section 
     3 of the Elementary and Secondary Education Act of 1965.
       ``(5) School.--
       ``(A) In general.--The term `school' means a public--
       ``(i) elementary school (as defined in section 3 of the 
     Elementary and Secondary Education Act of 1965);
       ``(ii) secondary school (as defined in section 3 of that 
     Act);
       ``(iii) kindergarten or nursery school that is part of an 
     elementary school or secondary school; or
       ``(iv) tribally-funded school.
       ``(B) Inclusions.--The term `school' includes any school 
     building, and any area outside of a school building 
     (including a lawn, playground, sports field, and any other 
     property or facility), that is controlled, managed, or owned 
     by the school or school district.
       ``(6) School pest management plan.--The term `school pest 
     management plan' means a pest management plan developed under 
     subsection (b).
       ``(7) Staff member.--
       ``(A) In general.--The term `staff member' means a person 
     employed at a school or local educational agency.
       ``(B) Exclusions.--The term `staff member' does not 
     include--
       ``(i) a person hired by a school, local educational agency, 
     or State to apply a pesticide; or
       ``(ii) a person assisting in the application of a 
     pesticide.
       ``(8) State agency.--The term `State agency' means the an 
     agency of a State, or an agency of an Indian tribe or tribal 
     organization (as those terms are defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b)), that exercises primary jurisdiction over 
     matters relating to pesticide regulation.
       ``(9) Universal notification.--The term `universal 
     notification' means notice provided by a local educational 
     agency or school to--
       ``(A) parents, legal guardians, or other persons with legal 
     standing as parents of each child attending the school; and
       ``(B) staff members of the school.
       ``(b) School Pest Management Plans.--
       ``(1) State plans.--
       ``(A) Guidance.--As soon as practicable (but not later than 
     180 days) after the date of enactment of the School 
     Environment Protection Act of 2002, the Administrator shall 
     develop, in accordance with this section--
       ``(i) guidance for a school pest management plan; and
       ``(ii) a sample school pest management plan.
       ``(B) Plan.--As soon as practicable (but not later than 1 
     year) after the date of enactment of the School Environment 
     Protection Act of 2002, each State agency shall develop and 
     submit to the Administrator for approval, as part of the 
     State cooperative agreement under section 23, a school pest 
     management plan for local educational agencies in the State.
       ``(C) Components.--A school pest management plan developed 
     under subparagraph (B) shall, at a minimum--
       ``(i) implement a system that--

       ``(I) eliminates or mitigates health risks, or economic or 
     aesthetic damage, caused by pests;
       ``(II) employs--

       ``(aa) integrated methods;
       ``(bb) site or pest inspection;
       ``(cc) pest population monitoring; and
       ``(dd) an evaluation of the need for pest management; and

       ``(III) is developed taking into consideration pest 
     management alternatives (including sanitation, structural 
     repair, and mechanical, biological, cultural, and pesticide 
     strategies) that minimize health and environmental risks;

       ``(ii) require, for pesticide applications at the school, 
     universal notification to be provided--

       ``(I) at the beginning of the school year;
       ``(II) at the midpoint of the school year; and
       ``(III) at the beginning of any summer session, as 
     determined by the school;

       ``(iii) establish a registry of staff members of a school, 
     and of parents, legal guardians, or other persons with legal 
     standing as parents of each child attending the school, that 
     have requested to be notified in advance of any pesticide 
     application at the school;
       ``(iv) establish guidelines that are consistent with the 
     definition of a school pest management plan under subsection 
     (a);
       ``(v) require that each local educational agency use a 
     certified applicator or a person authorized by the State 
     agency to implement the school pest management plans;
       ``(vi) be consistent with the State cooperative agreement 
     under section 23; and
       ``(vii) require the posting of signs in accordance with 
     paragraph (4)(G).
       ``(D) Approval by administrator.--Not later than 90 days 
     after receiving a school pest management plan submitted by a 
     State agency under subparagraph (B), the Administrator 
     shall--
       ``(i) determine whether the school pest management plan, at 
     a minimum, meets the requirements of subparagraph (C); and
       ``(ii)(I) if the Administrator determines that the school 
     pest management plan meets the requirements, approve the 
     school pest management plan as part of the State cooperative 
     agreement; or
       ``(II) if the Administrator determines that the school pest 
     management plan does not meet the requirements--

       ``(aa) disapprove the school pest management plan;
       ``(bb) provide the State agency with recommendations for 
     and assistance in revising the school pest management plan to 
     meet the requirements; and
       ``(cc) provide a 90-day deadline by which the State agency 
     shall resubmit the revised school pest management plan to 
     obtain approval of the plan, in accordance with the State 
     cooperative agreement.

       ``(E) Distribution of state plan to schools.--On approval 
     of the school pest management plan of a State agency, the 
     State agency shall make the school pest management plan 
     available to each local educational agency in the State.
       ``(F) Exception for existing state plans.--If, on the date 
     of enactment of the School Environment Protection Act of 
     2002,

[[Page S780]]

     a State has implemented a school pest management plan that, 
     at a minimum, meets the requirements under subparagraph (C) 
     (as determined by the Administrator), the State agency may 
     maintain the school pest management plan and shall not be 
     required to develop a new school pest management plan under 
     subparagraph (B).
       ``(2) Implementation by local educational agencies.--
       ``(A) In general.--Not later than 1 year after the date on 
     which a local educational agency receives a copy of a school 
     pest management plan of a State agency under paragraph 
     (1)(E), the local educational agency shall develop and 
     implement in each of the schools under the jurisdiction of 
     the local educational agency a school pest management plan 
     that meets the standards and requirements under the school 
     pest management plan of the State agency, as determined by 
     the Administrator.
       ``(B) Exception for existing plans.--If, on the date of 
     enactment of the School Environment Protection Act of 2002, a 
     State maintains a school pest management plan that, at a 
     minimum, meets the standards and criteria established under 
     this section (as determined by the Administrator), and a 
     local educational agency in the State has implemented the 
     State school pest management plan, the local educational 
     agency may maintain the school pest management plan and shall 
     not be required to develop and implement a new school pest 
     management plan under subparagraph (A).
       ``(C) Application of pesticides at schools.--A school pest 
     management plan shall prohibit--
       ``(i) the application of a pesticide (other than a 
     pesticide, including a bait, gel or paste, described in 
     paragraph (4)(C)) to any area or room at a school while the 
     area or room is occupied or in use by students or staff 
     members (except students or staff members participating in 
     regular or vocational agricultural instruction involving the 
     use of pesticides); and
       ``(ii) the use by students or staff members of an area or 
     room treated with a pesticide by broadcast spraying, 
     baseboard spraying, tenting, or fogging during--

       ``(I) the period specified on the label of the pesticide 
     during which a treated area or room should remain unoccupied; 
     or
       ``(II) if there is no period specified on the label, the 
     24-hour period beginning at the end of the treatment.

       ``(3) Contact person.--
       ``(A) In general.--Each local educational agency shall 
     designate a contact person to carry out a school pest 
     management plan in schools under the jurisdiction of the 
     local educational agency.
       ``(B) Duties.--The contact person of a local educational 
     agency shall--
       ``(i) maintain information about the scheduling of 
     pesticide applications in each school under the jurisdiction 
     of the local educational agency;
       ``(ii) act as a contact for inquiries, and disseminate 
     information requested by parents or guardians, about the 
     school pest management plan;
       ``(iii) maintain and make available to parents, legal 
     guardians, or other persons with legal standing as parents of 
     each child attending the school, before and during the notice 
     period and after application--

       ``(I) copies of material safety data sheet for pesticides 
     applied at the school, or copies of material safety data 
     sheets for end-use dilutions of pesticides applied at the 
     school, if data sheets are available;
       ``(II) labels and fact sheets approved by the Administrator 
     for all pesticides that may be used by the local educational 
     agency; and
       ``(III) any final official information related to the 
     pesticide, as provided to the local educational agency by the 
     State agency; and

       ``(iv) for each school, maintain all pesticide use data for 
     each pesticide used at the school (other than antimicrobial 
     pesticides (as defined in clauses (i) and (ii) of section 
     2(mm)(1)(A))) for at least 3 years after the date on which 
     the pesticide is applied; and
       ``(v) make that data available for inspection on request by 
     any person.
       ``(4) Notification.--
       ``(A) Universal notification.--At the beginning of each 
     school year, at the midpoint of each school year, and at the 
     beginning of any summer session (as determined by the 
     school), a local educational agency or school shall provide 
     to staff members of a school, and to parents, legal 
     guardians, and other persons with legal standing as parents 
     of students enrolled at the school, a notice describing the 
     school pest management plan that includes--
       ``(i) a summary of the requirements and procedures under 
     the school pest management plan;
       ``(ii) a description of any potential pest problems that 
     the school may experience (including a description of the 
     procedures that may be used to address those problems);
       ``(iii) the address, telephone number, and website address 
     of the Office of Pesticide Programs of the Environmental 
     Protection Agency; and
       ``(iv) the following statement (including information to be 
     supplied by the school as indicated in brackets):
     `As part of a school pest management plan, __________ (insert 
     school name) may use pesticides to control pests. The 
     Environmental Protection Agency (EPA) and __________ (insert 
     name of State agency exercising jurisdiction over pesticide 
     registration and use) registers pesticides for that use. EPA 
     continues to examine registered pesticides to determine that 
     use of the pesticides in accordance with instructions printed 
     on the label does not pose unreasonable risks to human health 
     and the environment. Nevertheless, EPA cannot guarantee that 
     registered pesticides do not pose risks, and unnecessary 
     exposure to pesticides should be avoided. Based in part on 
     recommendations of a 1993 study by the National Academy of 
     Sciences that reviewed registered pesticides and their 
     potential to cause unreasonable adverse effects on human 
     health, particularly on the health of pregnant women, 
     infants, and children, Congress enacted the Food Quality 
     Protection Act of 1996. That law requires EPA to reevaluate 
     all registered pesticides and new pesticides to measure their 
     safety, taking into account the unique exposures and 
     sensitivity that pregnant women, infants, and children may 
     have to pesticides. EPA review under that law is ongoing. You 
     may request to be notified at least 24 hours in advance of 
     pesticide applications to be made and receive information 
     about the applications by registering with the school. 
     Certain pesticides used by the school (including baits, 
     pastes, and gels) are exempt from notification requirements. 
     If you would like more information concerning any pesticide 
     application or any product used at the school, contact 
     __________ (insert name and phone number of contact 
     person).'.
       ``(B) Notification to persons on registry.--
       ``(i) In general.--Except as provided in clause (ii) and 
     paragraph (5)--

       ``(I) notice of an upcoming pesticide application at a 
     school shall be provided to each person on the registry of 
     the school not later than 24 hours before the end of the last 
     business day during which the school is in session that 
     precedes the day on which the application is to be made; and
       ``(II) the application of a pesticide for which a notice is 
     given under subclause (I) shall not commence before the end 
     of the business day.

       ``(ii) Notification concerning pesticides used in 
     curricula.--If pesticides are used as part of a regular 
     vocational agricultural curriculum of the school, a notice 
     containing the information described in subclauses (I), (IV), 
     (VI), and (VII) of clause (iii) for all pesticides that may 
     be used as a part of that curriculum shall be provided to 
     persons on the registry only once at the beginning of each 
     academic term of the school.
       ``(iii) Contents of notice.--A notice under clause (i) 
     shall contain--

       ``(I) the trade name, common name (if applicable), and 
     Environmental Protection Agency registration number of each 
     pesticide to be applied;
       ``(II) a description of each location at the school at 
     which a pesticide is to be applied;
       ``(III) a description of the date and time of application, 
     except that, in the case of an outdoor pesticide application, 
     a notice shall include at least 3 dates, in chronological 
     order, on which the outdoor pesticide application may take 
     place if the preceding date is canceled;
       ``(IV) information that the State agency shall provide to 
     the local educational agency, including a description of 
     potentially acute and chronic effects that may result from 
     exposure to each pesticide to be applied based on--

       ``(aa) a description of potentially acute and chronic 
     effects that may result from exposure to each pesticide to be 
     applied, as stated on the label of the pesticide approved by 
     the Administrator;
       ``(bb) information derived from the material safety data 
     sheet for the end-use dilution of the pesticide to be applied 
     (if available) or the material safety data sheets; and
       ``(cc) final, official information related to the pesticide 
     prepared by the Administrator and provided to the local 
     educational agency by the State agency;

       ``(V) a description of the purpose of the application of 
     the pesticide;
       ``(VI) the address, telephone number, and website address 
     of the Office of Pesticide Programs of the Environmental 
     Protection Agency; and
       ``(VII) the statement described in subparagraph (A)(iv) 
     (other than the ninth sentence of that statement).

       ``(C) Notification and posting exemption.--A notice or 
     posting of a sign under subparagraph (A), (B), or (G) shall 
     not be required for the application at a school of--
       ``(i) an antimicrobial pesticide;
       ``(ii) a bait, gel, or paste that is placed--

       ``(I) out of reach of children or in an area that is not 
     accessible to children; or
       ``(II) in a tamper-resistant or child-resistant container 
     or station; and

       ``(iii) any pesticide that, as of the date of enactment of 
     the School Environment Protection Act of 2002, is exempt from 
     the requirements of this Act under section 25(b) (including 
     regulations promulgated at section 152 of title 40, Code of 
     Federal Regulations (or any successor regulation)).
       ``(D) New staff members and students.--After the beginning 
     of each school year, a local educational agency or school 
     within a local educational agency shall provide each notice 
     required under subparagraph (A) to--
       ``(i) each new staff member who is employed during the 
     school year; and
       ``(ii) the parent or guardian of each new student enrolled 
     during the school year.
       ``(E) Method of notification.--A local educational agency 
     or school may provide a notice under this subsection, using 
     information described in paragraph (4), in the form of--

[[Page S781]]

       ``(i) a written notice sent home with the students and 
     provided to staff members;
       ``(ii) a telephone call;
       ``(iii) direct contact;
       ``(iv) a written notice mailed at least 1 week before the 
     application; or
       ``(v) a notice delivered electronically (such as through 
     electronic mail or facsimile).
       ``(F) Reissuance.--If the date of the application of the 
     pesticide needs to be extended beyond the period required for 
     notice under this paragraph, the school shall issue a notice 
     containing only the new date and location of application.
       ``(G) Posting of signs.--
       ``(i) In general.--Except as provided in paragraph (5)--

       ``(I) a school shall post a sign not later than the last 
     business day during which school is in session preceding the 
     date of application of a pesticide at the school; and
       ``(II) the application for which a sign is posted under 
     subclause (I) shall not commence before the time that is 24 
     hours after the end of the business day on which the sign is 
     posted.

       ``(ii) Location.--A sign shall be posted under clause (i)--

       ``(I) at a central location noticeable to individuals 
     entering the building; and
       ``(II) at the proposed site of application.

       ``(iii) Administration.--A sign required to be posted under 
     clause (i) shall--

       ``(I) remain posted for at least 24 hours after the end of 
     the application;
       ``(II) be--

       ``(aa) at least 8\1/2\ inches by 11 inches for signs posted 
     inside the school; and
       ``(bb) at least 4 inches by 5 inches for signs posted 
     outside the school; and

       ``(III) contain--

       ``(aa) information about the pest problem for which the 
     application is necessary;
       ``(bb) the name of each pesticide to be used;
       ``(cc) the date of application;
       ``(dd) the name and telephone number of the designated 
     contact person; and
       ``(ee) the statement contained in subparagraph (A)(iv).
       ``(iv) Outdoor pesticide applications.--

       ``(I) In general.--In the case of an outdoor pesticide 
     application at a school, each sign shall include at least 3 
     dates, in chronological order, on which the outdoor pesticide 
     application may take place if the preceding date is canceled.
       ``(II) Duration of posting.--A sign described in subclause 
     (I) shall be posted after an outdoor pesticide application in 
     accordance with clauses (ii) and (iii).

       ``(5) Emergencies.--
       ``(A) In general.--A school may apply a pesticide at the 
     school without complying with this part in an emergency, 
     subject to subparagraph (B).
       ``(B) Subsequent notification of parents, guardians, and 
     staff members.--Not later than the earlier of the time that 
     is 24 hours after a school applies a pesticide under this 
     paragraph or on the morning of the next business day, the 
     school shall provide to each parent or guardian of a student 
     listed on the registry, a staff member listed on the 
     registry, and the designated contact person, notice of the 
     application of the pesticide in an emergency that includes--
       ``(i) the information required for a notice under paragraph 
     (4)(G); and
       ``(ii) a description of the problem and the factors that 
     required the application of the pesticide to avoid a threat 
     to the health or safety of a student or staff member.
       ``(C) Method of notification.--The school may provide the 
     notice required by paragraph (B) by any method of 
     notification described in paragraph (4)(E).
       ``(D) Posting of signs.--Immediately after the application 
     of a pesticide under this paragraph, a school shall post a 
     sign warning of the pesticide application in accordance with 
     clauses (ii) through (iv) of paragraph (4)(B).
       ``(c) Relationship to State and Local Requirements.--
     Nothing in this section (including regulations promulgated 
     under this section)--
       ``(1) precludes a State or political subdivision of a State 
     from imposing on local educational agencies and schools any 
     requirement under State or local law (including regulations) 
     that is more stringent than the requirements imposed under 
     this section; or
       ``(2) establishes any exception under, or affects in any 
     other way, section 24(b).
       ``(d) Exclusion of Certain Pest Management Activities.--
     Nothing in this section (including regulations promulgated 
     under this section) applies to a pest management activity 
     that is conducted--
       ``(1) on or adjacent to a school; and
       ``(2) by, or at the direction of, a State or local agency 
     other than a local educational agency.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       (c) Conforming Amendment.--The table of contents in section 
     1(b) of the Federal Insecticide, Fungicide, and Rodenticide 
     Act (7 U.S.C. prec. 121) is amended by striking the items 
     relating to sections 30 through 32 and inserting the 
     following:
``Sec. 30. Minimum requirements for training of maintenance applicators 
              and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pest management in schools.
``(a) Definitions.
  ``(1) Bait.
  ``(2) Contact person.
  ``(3) Emergency.
  ``(4) Local educational agency.
  ``(5) School.
  ``(6) Staff member.
  ``(7) State agency.
  ``(8) Universal notification.
``(b) School pest management plans.
  ``(1) State plans.
  ``(2) Implementation by local educational agencies.
  ``(3) Contact person.
  ``(4) Notification.
  ``(5) Emergencies.
``(c) Relationship to State and local requirements.
``(d) Exclusion of certain pest management activities.
``(e) Authorization of appropriations.
``Sec. 34. Severability.
``Sec. 35. Authorization of appropriations.''.
       (d) Effective Date.--This section and the amendments made 
     by this section take effect on October 1, 2002.
       On page 945, between lines 5 and 6, insert the following:

     SEC. 10____. EXPANSION OF STATE MARKETING PROGRAMS.

       (a) State Marketing Programs.--Section 204(b) of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)) is 
     amended--
       (1) by striking ``(b) The'' and all that follows through 
     ``: Provided, That no'' and inserting the following:
       ``(b) State Marketing Programs.--
       ``(1) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary of Agriculture shall make 
     available $7,000,000 for fiscal year 2003, $8,000,000 for 
     fiscal year 2004, and $10,000,000 for each of fiscal years 
     2005 and 2006 for allotment to State departments of 
     agriculture, State bureaus and departments of markets, State 
     agricultural experiment stations, and other appropriate State 
     agencies for cooperative projects in marketing service and in 
     marketing research to effectuate the purposes of--
       ``(A) title II of this Act; and
       ``(B) the Farmer's Market Promotion Program established 
     under section 6 of the Farmer-to-Consumer Direct Marketing 
     Act of 1976.
       ``(2) Small farms and limited resource farmers.--Of the 
     funds made available under paragraph (1), a priority shall be 
     given for initiatives designed to support direct and other 
     marketing efforts of small farms and limited resource 
     farmers.
       ``(3) State funds.--No'';
       (2) by striking ``The funds which'' and inserting the 
     following:
       ``(4) Additional funds.--The funds that'';
       (3) by striking ``The allotments'' and inserting the 
     following:
       ``(5) Recipient agencies.--The allotments'';
       (4) by striking ``Such allotments'' and inserting the 
     following:
       ``(6) Cooperative agreements.--The allotments''; and
       (5) by striking ``Should duplication'' and inserting the 
     following:
       ``(7) Duplication.--If duplication''.
       (b) Farmers' Market Promotion Program.--
       (1) Survey.--Section 4 of the Farmer-to-Consumer Direct 
     Marketing Act of 1976 (7 U.S.C. 3003) is amended--
       (A) in the first sentence, by striking ``a continuing'' and 
     inserting ``an annual''; and
       (B) by striking the second sentence.
       (2) Direct marketing assistance.--Section 5 of the Farmer-
     to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3004) is 
     amended--
       (A) in subsection (a)--
       (i) in the first sentence, by striking ``Extension Service 
     of the United States Department of Agriculture'' and 
     inserting ``Secretary''; and
       (ii) in the second sentence--

       (I) by striking ``Extension Service'' and inserting 
     ``Secretary''; and
       (II) by striking ``and on the basis of which of these two 
     agencies, or combination thereof, can best perform these 
     activities'' and inserting ``, as determined by the 
     Secretary'';

       (B) by redesignating subsection (b) as subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) Development of Farmers' Markets.--The Secretary 
     shall--
       ``(1) work with the Governor of a State, and a State agency 
     designated by the Governor, to develop programs to train 
     managers of farmers' markets;
       ``(2) develop opportunities to share information among 
     managers of farmers' markets;
       ``(3) establish a program to train cooperative extension 
     service employees in the development of direct marketing 
     techniques; and
       ``(4) work with producers to develop farmers' markets.''.
       (3) Farmers' market promotion program.--The Farmer-to-
     Consumer Direct Marketing Act of 1976 (7 U.S.C. 3001 et seq.) 
     is amended by inserting after section 5 the following:

     ``SEC. 6. FARMERS' MARKET PROMOTION PROGRAM.

       ``(a) Establishment.--The Secretary shall carry out a 
     program, to be known as the `Farmers' Market Promotion 
     Program' (referred to in this section as the `Program'), to

[[Page S782]]

     make grants to eligible entities for projects to establish, 
     expand, and promote farmers' markets.
       ``(b) Program Purposes.--The purposes of the Program are--
       ``(1) to increase domestic consumption of agricultural 
     commodities by improving and expanding, or assisting in the 
     improvement and expansion of, domestic farmers' markets, 
     roadside stands, community-supported agriculture programs, 
     and other direct producer-to-consumer infrastructure; and
       ``(2) to develop, or aid in the development of, new 
     farmers' markets, roadside stands, community-supported 
     agriculture programs, and other direct producer-to-consumer 
     infrastructure.
       ``(c) Eligible Entities.--An entity shall be eligible to 
     receive a grant under the Program if the entity is--
       ``(1) an agricultural cooperative;
       ``(2) a local government;
       ``(3) a nonprofit corporation;
       ``(4) a public benefit corporation;
       ``(5) an economic development corporation;
       ``(6) a regional farmers' market authority; or
       ``(7) such other entity as the Secretary may designate.
       ``(d) Criteria and Guidelines.--The Secretary shall 
     establish criteria and guidelines for the submission, 
     evaluation, and funding of proposed projects under the 
     Program.
       ``(e) Amount.--
       ``(1) In general.--Under the Program, the amount of a grant 
     to an eligible entity for any 1 project shall be not more 
     than $500,000 for any 1 fiscal year.
       ``(2) Availability.--The amount of a grant to an eligible 
     entity for a project shall be available until expended or 
     until the date on which the project terminates.
       ``(f) Cost Sharing.--
       ``(1) In general.--The share of the costs of a project 
     covered by a grant awarded under the Program shall not exceed 
     60 percent.
       ``(2) Grantee share.--
       ``(A) Form.--The non-Federal share of the cost of a project 
     carried out under the Program may be paid in the form of cash 
     or the provision of services, materials, or other in-kind 
     contributions.
       ``(B) Limitation.--The value of any real or personal 
     property owned by an eligible entity as of the date on which 
     the eligible entity submits a proposal for a project under 
     the Program shall not be credited toward the grantee share 
     required under this paragraph.
       ``(g) Funding.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $10,000,000 for each of fiscal 
     years 2002 through 2006.
       ``(2) Limitation.--Except for funds made available pursuant 
     to section 204(b) of the Agricultural Marketing Act of 1946 
     (7 U.S.C. 1623(b)), no amounts may be made available to carry 
     out this section unless specifically provided by an 
     appropriation Act.''.
       On page 946, line 18, insert ``(a) In General.--'' before 
     ``Section''.
       On page 951, between lines 6 and 7, insert the following:
       (b) Definition of Socially Disadvantaged Group.--Section 
     2501(e)(1) of the Food, Agriculture, Conservation, and Trade 
     Act of 1990 (7 U.S.C. 2279(e)(1)) is amended by striking 
     ``racial or ethnic'' and inserting ``gender, racial, or 
     ethnic''.

     SEC. 10____. WILD FISH AND WILD SHELLFISH.

       Section 2104 of the Organic Foods Production Act of 1990 (7 
     U.S.C. 6503) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Wild Fish and Wild Shellfish.--
       ``(1) In general.--Notwithstanding section 2107(a)(1), the 
     Secretary may allow, through regulations promulgated after 
     public notice and opportunity for comment, wild fish or wild 
     shellfish harvested from salt water to be certified or 
     labeled as organic.
       ``(2) Consultation and accommodation.--In carrying out 
     paragraph (1), the Secretary shall--
       ``(A) consult with--
       ``(i) the Secretary of Commerce;
       ``(ii) the National Organic Standards Board established 
     under section 2119;
       ``(iii) producers, processors, and sellers; and
       ``(iv) other interested members of the public; and
       ``(B) to the maximum extent practicable, accommodate the 
     unique characteristics of the industries in the United States 
     that harvest and process wild fish and shellfish.''.

     SEC. 10____. ASSISTANT SECRETARY OF AGRICULTURE FOR CIVIL 
                   RIGHTS.

       (a) In General.--Section 218 of the Department of 
     Agriculture Reorganization Act of 1994 (7 U.S.C. 6918) is 
     amended by adding at the end the following:
       ``(f) Assistant Secretary of Agriculture for Civil 
     Rights.--
       ``(1) Definition of socially disadvantaged farmer or 
     rancher.--In this subsection, the term `socially 
     disadvantaged farmer or rancher' has the meaning given the 
     term in section 355(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2003(e)).
       ``(2) Establishment of position.--The Secretary shall 
     establish within the Department the position of Assistant 
     Secretary of Agriculture for Civil Rights.
       ``(3) Appointment.--The Assistant Secretary of Agriculture 
     for Civil Rights shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       ``(4) Duties.--The Assistant Secretary of Agriculture for 
     Civil Rights shall--
       ``(A) enforce and coordinate compliance with all civil 
     rights laws and related laws--
       ``(i) by the agencies of the Department; and
       ``(ii) under all programs of the Department (including all 
     programs supported with Department funds);
       ``(B) ensure that--
       ``(i) the Department has measurable goals for treating 
     customers and employees fairly and on a nondiscriminatory 
     basis; and
       ``(ii) the goals and the progress made in meeting the goals 
     are included in--

       ``(I) strategic plans of the Department; and
       ``(II) annual reviews of the plans;

       ``(C) compile and publicly disclose data used in assessing 
     civil rights compliance in achieving on a nondiscriminatory 
     basis participation of socially disadvantaged farmers and 
     ranchers in programs of the Department;
       ``(D)(i) hold Department agency heads and senior executives 
     accountable for civil rights compliance and performance; and
       ``(ii) assess performance of Department agency heads and 
     senior executives on the basis of success made in those 
     areas;
       ``(E) ensure, to the maximum extent practicable--
       ``(i) a sufficient level of participation by socially 
     disadvantaged farmers and ranchers in deliberations of county 
     and area committees established under section 8(b) of the 
     Soil Conservation and Domestic Allotment Act (16 U.S.C. 
     590h(b)); and
       ``(ii) that participation data and election results 
     involving the committees are made available to the public; 
     and
       ``(F) perform such other functions as may be prescribed by 
     the Secretary.''.
       (b) Compensation.--Section 5315 of title 5, United States 
     Code, is amended by striking ``Assistant Secretaries of 
     Agriculture (2)'' and inserting ``Assistant Secretaries of 
     Agriculture (3)''.
       (c) Conforming Amendments.--Section 296(b) of the 
     Department of Agriculture Reorganization Act of 1994 (7 
     U.S.C. 7014(b)) is amended--
       (1) in paragraph (3), by striking ``or'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(5) the authority of the Secretary to establish within 
     the Department the position of Assistant Secretary of 
     Agriculture for Civil Rights under section 218(f).''.
       On page 951, strike lines 7 through 11 and insert the 
     following:

     SEC. 10____. TRANSPARENCY AND ACCOUNTABILITY FOR SOCIALLY 
                   DISADVANTAGED FARMERS AND RANCHERS; PUBLIC 
                   DISCLOSURE REQUIREMENTS FOR COUNTY COMMITTEE 
                   ELECTIONS.

       (a) Transparency and Accountability for Socially 
     Disadvantaged Farmers and Ranchers.--The Food, Agriculture, 
     Conservation, and Trade Act of 1990 is amended by inserting 
     after section 2501 (7 U.S.C. 2279) the following:

     ``SEC. 2501A. TRANSPARENCY AND ACCOUNTABILITY FOR SOCIALLY 
                   DISADVANTAGED FARMERS AND RANCHERS.

       ``(a) Purpose.--The purpose of this section is to ensure 
     compilation and public disclosure of data to assess and hold 
     the Department of Agriculture accountable for the 
     nondiscriminatory participation of socially disadvantaged 
     farmers and ranchers in programs of the Department.
       ``(b) Definition of Socially Disadvantaged Farmer or 
     Rancher.--In this section, the term `socially disadvantaged 
     farmer or rancher' has the meaning given the term in section 
     355(e) of the Consolidated Farm and Rural Development Act (7 
     U.S.C. 2003(e)).
       ``(c) Compilation of Program Participation Data.--
       ``(1) Annual requirement.--For each county and State in the 
     United States, the Secretary shall compute annually the 
     participation rate of socially disadvantaged farmers and 
     ranchers as a percentage of the total participation of all 
     farmers and ranchers for each program of the Department of 
     Agriculture established for farmers or ranchers.
       ``(2) Determination of participation.--In determining the 
     rates under paragraph (1), the Secretary shall consider, for 
     each county and State, the number of socially disadvantaged 
     farmers and ranchers of each race, ethnicity, and gender in 
     proportion to the total number of farmers and ranchers 
     participating in each program.''.
       (b) Public Disclosure Requirements for County Committee 
     Elections.--Section 8(b)(5) of the Soil Conservation and 
     Domestic Allotment Act (16 U.S.C. 590h(b)(5)) is amended by 
     striking subparagraph (B) and inserting the following:
       On page 958, line 3, strike the closing quotation marks and 
     insert the following:
       ``(v) Public availability and report to congress.--

       ``(I) Public disclosure.--The Secretary shall maintain and 
     make readily available to the public, via website and 
     otherwise in electronic and paper form, all data required to 
     be collected and computed under section 2501A(c) of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 and clause 
     (iii)(V) collected annually since the most recent Census of 
     Agriculture.
       ``(II) Report to congress.--After each Census of 
     Agriculture, the Secretary shall report to Congress the rate 
     of loss or gain in participation by each socially 
     disadvantaged group, by race, ethnicity, and gender, since 
     the previous Census.''.

[[Page S783]]

       On page 958, between lines 3 and 4, insert the following:

     SEC. 10____. ANIMAL ENTERPRISE TERRORISM.

       (a) In General.--Section 43 of title 18, United States 
     Code, is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Offense.--
       ``(1) In general.--It shall be unlawful for a person to--
       ``(A) travel in interstate or foreign commerce, or use or 
     cause to be used the mail or any facility in interstate or 
     foreign commerce, for the purpose of causing physical 
     disruption to the functioning of an animal enterprise; and
       ``(B) intentionally damage or cause the loss of any 
     property (including an animal or record) used by the animal 
     enterprise, or conspire to do so.
       ``(b) Penalties.--
       ``(1) Economic damage.--A person that, in the course of a 
     violation of subsection (a), causes economic damage to an 
     animal enterprise in an amount less than $10,000 shall be 
     imprisoned not more than 6 months, fined under this title, or 
     both.
       ``(2) Major economic damage.--A person that, in the course 
     of a violation of subsection (a), causes economic damage to 
     an animal enterprise in an amount equal to or greater than 
     $10,000 shall be imprisoned not more than 3 years, fined 
     under this title, or both.
       ``(3) Serious bodily injury.--A person that, in the course 
     of a violation of subsection (a), causes serious bodily 
     injury to another individual shall be imprisoned not more 
     than 20 years, fined under this title, or both.
       ``(4) Death.--A person that, in the course of a violation 
     of subsection (a), causes the death of an individual shall be 
     imprisoned for life or for any term of years, fined under 
     this title, or both.''; and
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``restitution--'' and inserting ``restitution for--'';
       (B) in paragraph (1)--
       (i) by striking ``for''; and
       (ii) by striking ``and'' at the end;
       (C) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(3) any other economic damage resulting from the 
     offense.''.
       On page 958, between lines 7 and 8, insert the following:

     SEC. 10______. TRANSPORTATION OF POULTRY AND OTHER ANIMALS.

       Section 5402(d)(2) of title 39, United States Code (as 
     amended by section 651(2) of Public Law 107-67 (115 Stat. 
     557)), is amended by striking subparagraph (C).

     SEC. 10____. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT 
                   AND SEASONAL FARMWORKERS.

       Section 2281 of the Food, Agriculture, Conservation, and 
     Trade Act of 1990 (42 U.S.C. 5177a) is amended--
       (1) in subsection (a), by striking ``, not to exceed 
     $20,000,000 annually,''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $40,000,000 for 
     each of fiscal years 2002 through 2006.''.
       On page 961, strike lines 8 through 13 and insert the 
     following:
       (a) In General.--Of funds of the Commodity Credit 
     Corporation, the Secretary of Agriculture (acting through the 
     Agricultural Marketing Service) shall use $3,500,000 for 
     fiscal year 2002, $3,500,000 for each of fiscal years 2003 
     and 2004, and $3,000,000 for fiscal year 2005 to establish a 
     national organic certification cost-share program to assist 
     producers and handlers of agricultural products in obtaining 
     certification.
       On page 961, between lines 5 and 6, insert the following:

     SEC. 10____. PRECLEARANCE QUARANTINE INSPECTIONS.

       The Food, Agriculture, Conservation, and Trade Act of 1990 
     is amended by inserting after section 2505 (Public Law 101-
     624; 104 Stat. 4068) the following:

     ``SEC. 2505A. PRECLEARANCE QUARANTINE INSPECTIONS.

       ``(a) In General.--Subject to subsection (b), the Secretary 
     of Agriculture, acting through the Administrator of the 
     Animal and Plant Health Inspection Service, shall conduct, at 
     all direct departure and interline airports in the State of 
     Hawaii, preclearance quarantine inspections of persons, 
     baggage, cargo, and any other articles destined for movement 
     from the State of Hawaii to--
       ``(1) the continental United States;
       ``(2) Guam;
       ``(3) Puerto Rico; or
       ``(4) the Virgin Islands of the United States.
       ``(b) Limitation.--Subsection (a) shall not be implemented 
     unless appropriations for necessary expenses of the Animal 
     and Plant Health Inspection Service for inspection, 
     quarantine, and regulatory activities are increased by an 
     amount not less than $3,000,000 in a fiscal year 2002 
     appropriation Act other than the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2002 (Public Law 107-76).''.

     SEC. 10____. EMERGENCY LOANS FOR SEED PRODUCERS.

       Section 253(b)(5)(B) of the Agricultural Risk Protection 
     Act of 2000 (Public Law 106-224; 114 Stat. 423) is amended by 
     striking ``18 months'' and inserting ``54 months''.
       On page 978, line 11, strike ``Felonies'' and insert 
     ``Major violations''.
       On page 978, line 13, after ``person'', insert the 
     following: ``that commits a violation of this title described 
     in this subparagraph shall be guilty of a felony and, on 
     conviction,''.
       On page 979, line 25, strike ``Misdemeanors'' and insert 
     ``Other violations''.
       On page 980, line 12, after ``person'', insert the 
     following: ``that commits a violation of this title described 
     in this subparagraph shall be guilty of a misdemeanor and, on 
     conviction,''.
       On page 982, line 19, insert ``used knowingly'' after 
     ``or''.
       On page 984, after line 2, insert the following:

     SEC. 10____. REVIEW OF STATE MEAT INSPECTION PROGRAMS.

       (a) Findings.--Congress finds that--
       (1) the goal of a safe and wholesome supply of meat and 
     meat food products throughout the United States would be 
     better served if a consistent set of requirements, 
     established by the Federal Government, were applied to all 
     meat and meat food products, whether produced under State 
     inspection or Federal inspection;
       (2) under such a system, Federal and State meat inspection 
     programs would function together to create a seamless 
     inspection system to ensure food safety and inspire consumer 
     confidence in the food supply in interstate commerce; and
       (3) such a system would ensure the viability of State meat 
     inspection programs, which should help to foster the 
     viability of small establishments.
       (b) Review.--Not later than September 30, 2003, the 
     Secretary of Agriculture shall conduct a comprehensive review 
     of each State meat and poultry inspection program, which 
     shall include--
       (1) an analysis of the effectiveness of the State program; 
     and
       (2) identification of changes that are necessary to enable 
     the possible future transformation of the State program to a 
     State meat and poultry inspection program that includes the 
     mandatory antemortem and postmortem inspection, reinspection, 
     sanitation, and related requirements of the Federal Meat 
     Inspection Act (21 U.S.C. 601 et seq.) and the Poultry 
     Products Inspection Act (21 U.S.C. 451 et seq.) (including 
     the regulations, directives, notices, policy memoranda, and 
     other regulatory requirements of those Acts).
       (c) Comment.--In carrying out subsection (a), the Secretary 
     shall, to the maximum extent practicable, obtain comment from 
     interested parties.
       (d) Funding.--There are authorized to be appropriated such 
     sums as are necessary to carry out this section.

     SEC. 10____. AGRICULTURAL RESEARCH AND TECHNOLOGY.

       (a) Scientific Studies.--
       (1) In general.--The Secretary of Agriculture shall conduct 
     scientific studies on--
       (A) the transmission of spongiform encephalopathy in deer, 
     elk, and moose; and
       (B) chronic wasting disease (including the risks that 
     chronic wasting disease poses to livestock).
       (2) 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 on the results of the scientific studies.
       (b) Research and Extension Grant Program.--The Secretary 
     shall establish a program to provide research and extension 
     grants to eligible entities (as determined by the Secretary) 
     to develop, for livestock production--
       (1) prevention and control methodologies for infectious 
     animal diseases that affect trade; and
       (2) laboratory tests to expedite detection of--
       (A) infected livestock; and
       (B) the presence of diseases within herds or flocks of 
     livestock.
       (c) Vaccines.--
       (1) Vaccine storage study.--The Secretary shall--
       (A) conduct a study to determine the number of doses of 
     livestock disease vaccines that should be available to 
     protect against livestock diseases that could be introduced 
     into the United States; and
       (B) compare that number with the number of doses of the 
     livestock disease vaccines that are available as of that 
     date.
       (2) Stockpiling of vaccines.--If, after conducting the 
     study and comparison described in paragraph (1), the 
     Secretary determines that there is an insufficient number of 
     doses of a particular vaccine referred to in that paragraph, 
     the Secretary shall take such actions as are necessary to 
     obtain the required additional doses of the vaccine.
       (d) Veterinary Training.--The Secretary shall develop a 
     program to maintain in all regions of the United States a 
     sufficient number of Federal and State veterinarians who are 
     well trained in recognition and diagnosis of exotic and 
     endemic animal diseases.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary for each of fiscal years 2002 through 2006.

     SEC. 10____. OFFICE OF SCIENCE TECHNOLOGY POLICY.

       (a) In General.--The President may--

[[Page S784]]

       (1) establish within the Office of Science and Technology 
     Policy a noncareer, senior executive service appointment 
     position for a Veterinary Advisor; and
       (2) appoint an individual to the position.
       (b) Qualifications; Duties.--The individual appointed to 
     the position described in subsection (a) shall--
       (1) hold the degree of Doctor of Veterinary Medicine from 
     an accredited or approved college of veterinary medicine; and
       (2) provide to the science advisor of the President 
     expertise in--
       (A) exotic and endemic animal disease detection, 
     prevention, and control;
       (B) food safety; and
       (C) animal agriculture.
       (c) Executive Schedule Pay Rates.--Section 5313 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Veterinary Advisor, Office of Science and Technology 
     Policy.''.

     SEC. 10____. OPERATION OF AGRICULTURAL AND NATURAL RESOURCE 
                   PROGRAMS ON TRIBAL TRUST LAND.

       (a) Review.--The Secretary of Agriculture (referred to in 
     this section as the ``Secretary''), in consultation with the 
     Secretary of the Interior, shall conduct a review of the 
     operation of agricultural and natural resource programs 
     available to farmers and ranchers operating on tribal and 
     trust land, including--
       (1) natural resource management programs;
       (2) incentive programs; and
       (3) farm income support programs.
       (b) Administration.--The Secretary shall carry out programs 
     described in subsection (a) in a manner that, to the maximum 
     extent practicable, is consistent with the American Indian 
     Agricultural Resource Management Act (25 U.S.C. 3701 et 
     seq.).
       (c) Fact-Finding Team.--The Secretary shall establish a 
     fact-finding team to obtain input from local officials and 
     program recipients to assist in carrying out this section.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that describes actions taken to carry out this 
     section, including a plan to implement the actions.

     SEC. 10____. ASSISTANCE FOR GEOGRAPHICALLY DISADVANTAGED 
                   FARMERS AND RANCHERS.

       (a) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) any community-based organization, network, or coalition 
     of community-based organizations that--
       (i) has demonstrated experience in providing agricultural 
     education or other agriculturally related services to 
     geographically disadvantaged farmers and ranchers;
       (ii) has provided to the Secretary documentary evidence of 
     work with geographically disadvantaged farmers and ranchers 
     during the 2-year period preceding the submission of an 
     application for assistance under this section; and
       (iii) has not engaged in activities prohibited under 
     section 501(c)(3) of the Internal Revenue Code of 1986;
       (B)(i) a land-grant college or university that is located 
     in an insular area (as defined in section 1404 of the 
     National Agricultural Research, Extension, and Teaching 
     Policy Act of 1977 (7 U.S.C. 3103)) (as amended by section 
     701(a)) or in a State other than 1 of the 48 contiguous 
     States; and
       (ii) any other institution of higher education (as defined 
     in section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)) that has demonstrated experience in providing 
     agricultural education or other agriculture-related services 
     to geographically disadvantaged farmers and ranchers in a 
     region; and
       (C) an Indian tribe (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b)) or national tribal organization that has demonstrated 
     experience in providing agriculture education or other 
     agriculturally related services to geographically 
     disadvantaged farmers and ranchers in a region.
       (3) Geographically disadvantaged farmer or rancher.--The 
     term ``geographically disadvantaged farmer or rancher'' means 
     a farmer or rancher in an insular area (as defined in section 
     1404 of the National Agricultural Research, Extension and 
     Teaching Policy Act of 1977 (7 U.S.C. 3103)) (as amended by 
     section 701(a)) or in a State, other than one of the 48 
     contiguous States.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Program.--The Secretary shall carry out an assistance 
     program to encourage and assist geographically disadvantaged 
     farmers and ranchers--
       (1) in owning and operating farms and ranches; and
       (2) in participating equitably in the full range of 
     agricultural programs offered by the Department.
       (c) Requirements.--The assistance program under subsection 
     (b) shall--
       (1) enhance coordination of technical assistance and 
     education efforts authorized under various agricultural 
     programs; and
       (2) include information on, and assistance with--
       (A) commodity, conservation, credit, rural, and business 
     development programs;
       (B) application and bidding procedures;
       (C) farm and risk management;
       (D) marketing; and
       (E) other activities essential to participation in 
     agricultural and other programs of the Department.
       (d) Grants and Contracts.--The Secretary may make grants 
     to, and enter into contracts and other agreements with, an 
     eligible entity to provide information and technical 
     assistance under this section.
       (e) Report.--Not later than 1 year after funds are made 
     available to carry out this section, the Secretary shall 
     submit to Congress a report that identifies barriers to 
     efficient and competitive transportation of inputs and 
     products by geographically disadvantaged farmers and 
     ranchers.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2002 through 2006.

     SEC. 10____. SENSE OF SENATE REGARDING USE OF THE NAME 
                   GINSENG.

       It is the sense of the Senate that the Commissioner of Food 
     and Drugs should promulgate regulations to ensure that, for 
     the purposes of section 403 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 343), the name ``ginseng'' or any 
     name that includes the word ``ginseng'' shall be used in 
     reference only to an herb or herbal ingredient that--
       (1) is a part of a plant of 1 of the species of the genus 
     Panax; and
       (2) is produced in compliance with United States law 
     regarding the use of pesticides.

                    Subtitle E--Studies and Reports

     SEC. 10____. REPORT ON POUCHED AND CANNED SALMON.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Agriculture (referred 
     to in this section as the ``Secretary'') shall submit to 
     Congress a report on efforts to expand the promotion, 
     marketing, and purchasing of pouched and canned salmon 
     harvested and processed in the United States under food and 
     nutrition programs administered by the Secretary.
       (b) Components.--The report under subsection (a) shall 
     include--
       (1) an analysis of pouched and canned salmon inventories in 
     the United States that, as of the date on which the report is 
     submitted, that available for purchase;
       (2) an analysis of the demand for pouched and canned salmon 
     and value-added products (such as salmon ``nuggets'') by--
       (A) partners of the Department of 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. 10____. SETTLEMENT AGREEMENT REPORT.

       Not later than December 31, 2002, and annually thereafter 
     through 2006, the Comptroller General of the United States 
     shall submit to Congress a report that describes all programs 
     and activities that States have carried out using funds 
     received under all phases of the Master Settlement Agreement 
     of 1997.

     SEC. 10____. REPORT ON GENETICALLY MODIFIED PEST-PROTECTED 
                   PLANTS.

       (a) Findings.--Congress finds that--
       (1) in 2000, the Committee on Genetically Modified Pest-
     Protected Plants of the Board on Agriculture and Natural 
     Resources of the National Research Council made several 
     recommendations concerning food safety, ecological research, 
     and monitoring needs for transgenic crops with plant 
     incorporated protectants; and
       (2) the Committee recommended enhancements to certain 
     operational aspects of the regulatory framework for 
     agricultural biotechnology, such as--
       (A) improving coordination and enhanced consistency of 
     review across all regulatory agencies; and
       (B) clarifying the scope of the regulatory jurisdiction of 
     the Animal and Plant Health Inspection Service.
       (b) Sense of Congress.--It is the sense of Congress that, 
     not later than 90 days after the date of enactment of this 
     Act, the Secretary of Agriculture should--
       (1) review the recommendations described in subsection (a); 
     and
       (2) submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report that describes actions 
     taken to implement those recommendations by agencies within 
     the Department of Agriculture, including agencies that 
     develop or implement programs or objectives relating to 
     marketing, regulation, food safety, research, education, or 
     economics.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $10,000,000 for fiscal year 2002; and
       (2) such sums as are necessary for each subsequent fiscal 
     year.

     SEC. 10____. STUDY OF CREATION OF LITTER BANK BY UNIVERSITY 
                   OF ARKANSAS.

       (a) In General.--The Secretary of Agriculture shall conduct 
     a study to evaluate the creation of a litter bank by the 
     Department of Agriculture at the University of Arkansas for 
     the purpose of enhancing health and viability of watersheds 
     in areas with large concentrations of animal producing units.
       (b) Components.--In conducting the study, the 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.

[[Page S785]]

       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report that describes the results of the study.

     SEC. 10____. STUDY OF FEASIBILITY OF PRODUCER INDEMNIFICATION 
                   FROM GOVERNMENT-CAUSED DISASTERS.

       (a) Findings.--Congress finds that the implementation of 
     Federal disaster assistance programs fails to adequately 
     address situations in which disaster conditions are primarily 
     the result of Federal action.
       (b) Authority.--The Secretary of Agriculture shall conduct 
     a study of the feasibility of expanding eligibility for crop 
     insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 
     et seq.), and noninsured crop assistance under section 196 of 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333), to agricultural producers experiencing disaster 
     conditions caused primarily by Federal agency action.
       (c) Report.--Not later than 150 days after the date of 
     enactment of this Act, the Secretary shall submit report to 
     the Committee on Agriculture of the House of Representatives 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate a report that describes the results of the study, 
     including any recommendations.

     SEC. 10____. REPORT ON SALE AND USE OF PESTICIDES FOR 
                   AGRICULTURAL USES.

       Not later than 120 days after the date of enactment of this 
     Act, the Administrator of the Environmental Protection Agency 
     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 manner in which 
     the Agency is applying regulations of the Agency governing 
     the sale and use of pesticides for agricultural use to 
     electronic commerce transactions.

     SEC. 10____. REPORT ON RATS, MICE, AND BIRDS.

       (a) In General.--Not later than 1 year after date enactment 
     of this Act, the Secretary of Agriculture shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report on the implications of including rats, mice, 
     and birds within the definition of animal under the Animal 
     Welfare Act (7 U.S.C. 2131 et seq.).
       (b) Requirements.--The report under subsection (a) shall--
       (1) be completed by the Comptroller General of the United 
     States;
       (2) contain a description of the number and types of 
     entities that currently use rats, mice, and birds, and are 
     not subjected to regulations of the Department of 
     Agriculture;
       (3) contain estimates of the numbers of rats, mice, and 
     birds currently used in research facilities that are not 
     currently regulated by the United States Department of 
     Agriculture;
       (4) contain an estimate of the additional costs likely to 
     be incurred by breeders and research facilities resulting 
     from the additional regulatory requirements needed in order 
     to afford the same levels of protection to rats, mice, and 
     birds as is provided for species currently regulated by the 
     Department of Agriculture, detailing the costs associated 
     with individual regulatory requirements;
       (5) contain an estimate of the additional funding that the 
     Animal and Plant Health Inspection Service would require to 
     be able to ensure that the level of compliance with respect 
     to other regulated animals is not diminished by the increase 
     in the number of facilities that would require inspections 
     after a rule extending the definition to include rats, mice, 
     and birds goes into effect; and
       (6) contain recommendations for ensuring that the 
     regulatory burden is no greater than that already applied to 
     rodent species under the Animal Welfare Act (7 U.S.C. 2131 et 
     seq.).

     SEC. 10____. TASK FORCE ON NATIONAL INSTITUTES FOR PLANT AND 
                   AGRICULTURAL SCIENCES.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     establish a task force to evaluate the merits of establishing 
     1 or more National Institutes for Plant and Agricultural 
     Sciences.
       (b) Membership.--
       (1) In general.--The Task Force shall consist of at least 8 
     members, appointed by the Secretary, that--
       (A) have a broad-based background in food, nutrition, 
     biotechnology, crop production methods, environmental 
     science, or related disciplines; and
       (B) are familiar with the infrastructure used to conduct 
     Federal and private research, including--
       (i) the National Institutes of Health;
       (ii) the National Science Foundation;
       (iii) the National Aeronautics and Space Administration;
       (iv) the Department of Energy laboratory system;
       (v) the Agricultural Research Service; and
       (vi) the Cooperative State Research 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, including 
     institutions of higher education.
       (3) Plant and agricultural sciences research.--Of the 
     members appointed under paragraph (1), the Secretary shall 
     appoint at least 2 members that have an extensive background 
     and preeminence in the field of plant and agricultural 
     sciences research.
       (4) Chairperson.--Of the members appointed under paragraph 
     (1), the Secretary shall designate a Chairperson that has 
     significant leadership experience in educational and research 
     institutions and in depth knowledge of the research 
     enterprises of the United States.
       (5) Consultation.--Before appointing members of the Task 
     Force under this subsection, the Secretary shall consult with 
     the National Academy of Sciences and the Office of Science 
     and Technology Policy.
       (c) Duties.--The Task Force shall--
       (1) evaluate and compare--
       (A) publicly funded agricultural and plant sciences 
     research activities, including competitively awarded 
     research; and
       (B) privately funded agricultural and plant sciences 
     research activities;
       (2) evaluate and compare--
       (A) competitive publicly funded agricultural research 
     activities; and
       (B) other forms of publicly funded research, such as 
     medical research;
     including an assessment of the methods of evaluation, 
     administration, and funding;
       (3) evaluate the need for competitive public plant and 
     agricultural sciences research necessary--
       (A) to increase crop yields and productivity;
       (B) to improve environmental quality;
       (C) to enhance the value of farm output to agricultural 
     producers and consumers;
       (D) to promote health and improve nutrition;
       (E) to enhance food safety; and
       (F) to increase effective agricultural production to meet 
     the future needs of the growing population of the world, 
     especially in developing countries;
       (4) evaluate the merits of establishing 1 or more National 
     Institutes for Plant and Agricultural Sciences, that is 
     similar to the National Institute of Health--
       (A) to coordinate competitive, innovative research and 
     technological development and innovation;
       (B) to ensure the necessary supply of scientific personnel 
     in order to ensure the competitiveness of the United States 
     in an increasingly global trade market for agricultural 
     products; and
       (C) to facilitate the integration of scientific advances 
     from medical sciences, engineering, and information 
     technologies into plant and agricultural sciences; and
       (5) if establishment of 1 or more National Institutes for 
     Plant and Agricultural Sciences is recommended, provide 
     further recommendations to the Secretary, including 
     recommendations on--
       (A) the structure for establishing the Institutes;
       (B) the location of the Institutes in 1 or more multistate 
     regions with preeminence in plant, agricultural, and related 
     biological sciences (including in existing Federal plant and 
     animal research facilities and land grant institutions), in 
     order--
       (i) to use all relevant fields of knowledge; and
       (ii) to promote collaborative and interdisciplinary 
     research; and
       (C) the amount of funding necessary to establish the 
     Institutes.
       (d) Report.--Not later than July 1, 2003, the Task Force 
     shall submit to the Committee on Agriculture of the House of 
     Representatives, the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, and the Secretary a report that 
     describes the results of the evaluation conducted under this 
     section, including recommendations described in subsection 
     (c)(5).
       On page 985, in section 1041(b), strike ``456'' each place 
     it appears and insert ``4____''.
       On page 987, after line 2, add the following:

     SEC. 10____. COMMODITY CREDIT CORPORATION FUNDING.

       Except for funds made available through a user fee or funds 
     made available in an appropriation act, notwithstanding any 
     other provision of this Act or an amendment made by this Act, 
     any funds that are made available through the transfer of 
     funds from the Secretary of the Treasury to the Secretary of 
     Agriculture expressly under this Act or an amendment made by 
     this Act shall be made available through funds of the 
     Commodity Credit Corporation.
       Strike page 888, line 24, through page 889 line 2, and 
     insert in lieu thereof the following ``Of the funds of the 
     Commodity Credit Corporation, the Secretary shall make 
     available $5 million for each fiscal year 2003 through 
     2006.''

     SEC. 1____. ADJUSTED GROSS REVENUE INSURANCE PILOT PROGRAM.

       Section 523 of the Federal Crop Insurance Act (7 U.S.C. 
     1523) is amended by adding at the end the following:
       ``(e) Adjusted Gross Revenue Insurance Pilot Program.--
       ``(1) In general.--The Corporation shall carry out, through 
     at least the 2004 reinsurance year, the adjusted gross 
     revenue insurance pilot program in effect for the 2002 
     reinsurance year.
       ``(2) Additional counties.--
       ``(A) In general.--In addition to counties otherwise 
     included in the pilot program, the Corporation shall include 
     in the pilot program for the 2003 reinsurance year at least 8 
     counties in the State that produces (as of the date of 
     enactment of this subsection) the

[[Page S786]]

     highest quantity of specialty crops for which adjusted gross 
     revenue insurance under this title is not available.
       ``(B) Selection criteria.--In carrying out subparagraph 
     (A), the Corporation shall include in the pilot program 
     counties that (as determined by the Corporation) produce a 
     significant quantity of specialty crops.''.

     ``SEC.   . PASTEURIZATION.

       ``For the purposes of any provision of federal law under 
     which a food or food product is required to undergo a 
     treatment of pasteurization, the term `pasteurization' means 
     any safe treatment that--
       ``(1) is a treatment prescribed as pasteurization 
     applicable to the food or food product under any Federal law 
     (including a regulation); or
       ``(2) has been demonstrated to the satisfaction of the 
     Secretary of HHS to achieve a level of reduction in the food 
     or food product of the microorganisms of public health 
     concern that--
       ``(A) is at least as protective of the public health a 
     treatment described in paragraph (1); and
       ``(B) is effective for a period that is at least as long as 
     the shelf life of the food or food product when stored under 
     normal, moderate, and severe abuse conditions.''.
       Strike ``Agriculture, Conservation, and Rural Enhancement 
     Act of 2001'' each place it appears and insert ``Agriculture, 
     Conservation, and Rural Enhancement Act of 2002''.
                                  ____

  SA 2860. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. 402. FEDERAL ELECTION DAY.

       (a) Election Day Observed.--
       (1) Designation.--November 5, 2002, and November 2, 2004, 
     are designated as ``Federal Election Day''.
       (2) Legal public holiday.--Federal Election Day--
       (A) is a legal public holiday for the purpose of statutes 
     relating to pay and leave of employees;
       (B) shall be treated as a holiday in accordance with 
     section 6103 of title 5, United States Code; and
       (C) shall begin at 1 o'clock post meridian.
       (3) Regulations.--The President may prescribe regulations 
     to carry out this subsection.
       (b) GAO Study.--
       (1) In general.--The Comptroller General shall conduct a 
     study of the impact on voter participation of making Federal 
     Election Day a legal public holiday.
       (2) Report.--Not later than May 2, 2005, the Comptroller 
     General shall submit a report to Congress and the President 
     detailing the results of the study conducted under paragraph 
     (1).
                                  ____

  SA 2861. Mr. SMITH of New Hampshire proposed an amendment to 
amendment SA 2858 submitted by Mr. Allard and intended to be proposed 
to the amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; as follows:

       Strike ``SEC. 401.'' and all that follows and insert the 
     following:

           STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT 
                   UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 1606(a)(1) of the National Defense Authorization 
     Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 
     1278), is amended--
       (1) by striking ``Each State'' and inserting ``(a) In 
     General.--Each State''; and
       (2) by adding at the end the following:
       ``(b) Standards for Invalidation of Certain Ballots.--
       ``(1) In general.--A State may not refuse to count a ballot 
     submitted in an election for Federal office by an absent 
     uniformed services voter--
       ``(A) solely on the grounds that the ballot lacked--
       ``(i) a notarized witness signature;
       ``(ii) an address (other than on a Federal write-in 
     absentee ballot, commonly known as `SF186');
       ``(iii) a postmark if there are any other indicia that the 
     vote was cast in a timely manner; or
       ``(iv) an overseas postmark; or
       ``(B) solely on the basis of a comparison of signatures on 
     ballots, envelopes, or registration forms unless there is a 
     lack of reasonable similarity between the signatures.
       ``(2) No effect on filing deadlines under state law.--
     Nothing in this subsection may be construed to affect the 
     application to ballots submitted by absent uniformed services 
     voters of any ballot submission deadline applicable under 
     State law.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to ballots described in section 
     102(b) of the Uniformed and Overseas Citizens Absentee Voting 
     Act (as added by such subsection) that are submitted with 
     respect to elections that occur after the date of enactment 
     of this Act.

     SEC. 402. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED 
                   UNIFORMED SERVICES VOTERS TO THE POLLS.

       (a) In General.--Section 102(a) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), 
     as amended by section 401(a) of this Act and section 
     1606(a)(1) of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1278), is 
     amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(5) in addition to using the postcard form for the 
     purpose described in paragraph (4), accept and process any 
     otherwise valid voter registration application submitted by a 
     uniformed service voter for the purpose of voting in an 
     election for Federal office; and
       ``(6) permit each recently separated uniformed services 
     voter to vote in any election for which a voter registration 
     application has been accepted and processed under this 
     section if that voter--
       ``(A) has registered to vote under this section; and
       ``(B) is eligible to vote in that election under State 
     law.''.
       (b) Definitions.--Section 107 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is 
     amended--
       (1) by redesignating paragraphs (7) and (8) as paragraphs 
     (9) and (10), respectively;
       (2) by inserting after paragraph (6) the following new 
     paragraph:
       ``(7) The term `recently separated uniformed services 
     voter' means any individual who was a uniformed services 
     voter on the date that is 60 days before the date on which 
     the individual seeks to vote and who--
       ``(A) presents to the election official Department of 
     Defense form 214 evidencing their former status as such a 
     voter, or any other official proof of such status;
       ``(B) is no longer such a voter; and
       ``(C) is otherwise qualified to vote in that election.'';
       (3) by redesignating paragraph (10) (as redesignated by 
     paragraph (1)) as paragraph (11); and
       (4) by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) The term `uniformed services voter' means--
       ``(A) a member of a uniformed service in active service;
       ``(B) a member of the merchant marine; and
       ``(C) a spouse or dependent of a member referred to in 
     subparagraph (A) or (B) who is qualified to vote.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to elections for Federal office that 
     occur after the date of enactment of this Act.

     SEC. 403. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND 
                   ABSENTEE BALLOT APPLICATIONS ON GROUNDS OF 
                   EARLY SUBMISSION.

       (a) In General.--Section 104 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-3), as amended 
     by section 1606(b) of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1279), is 
     amended by adding at the end the following new subsection:
       ``(e) Prohibition of Refusal of Applications on Grounds of 
     Early Submission.--A State may not refuse to accept or 
     process, with respect to any election for Federal office, any 
     otherwise valid voter registration application or absentee 
     ballot application (including the postcard form prescribed 
     under section 101) submitted by an absent uniformed services 
     voter during a year on the grounds that the voter submitted 
     the application before the first date on which the State 
     otherwise accepts or processes such applications for that 
     year submitted by absentee voters who are not members of the 
     uniformed services.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to elections for Federal office that 
     occur after the date of enactment of this Act.

[[Page S787]]

     SEC. 404. DISTRIBUTION OF FEDERAL MILITARY VOTER LAWS TO THE 
                   STATES.

       Not later than the date that is 60 days after the date of 
     enactment of this Act, the Secretary of Defense (in this 
     section referred to as the ``Secretary''), as part of any 
     voting assistance program conducted by the Secretary, shall 
     distribute to each State (as defined in section 107 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-6) enough copies of the Federal military voting 
     laws (as identified by the Secretary) so that the State is 
     able to distribute a copy of such laws to each jurisdiction 
     of the State.

     SEC. 405. EFFECTIVE DATES.

       Notwithstanding the preceding provisions of this title, 
     each effective date otherwise provided under this title shall 
     take effect 1 day after such effective date.
                                  ____

  SA 2862. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 10, line 22, strike ``Commission'' and insert 
     ``Commission, in consultation with the Architectural and 
     Transportation Barriers Compliance Board,''.
       On page 64, line 19, strike ``316(a)(2)).'' and insert 
     ``316(a)(2)), except that--
       ``(1) the Architectural and Transportation Barriers 
     Compliance Board shall remain responsible under section 223 
     for the general policies and criteria for the approval of 
     applications submitted under section 222(a); and
       ``(2) in revising the voting systems standards under 
     section 101(c)(2) the Commission shall consult with the 
     Architectural and Transportation Barriers Compliance 
     Board.''.
                                  ____

  SA 2863. Mr. McCain submitted an amendment intended to be proposed to 
amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 10, line 22, strike ``Commission'' and insert 
     ``Commission, in consultation with the Architectural and 
     Transportation Barriers Compliance Board,''.
                                  ____

  SA 2864. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 64, line 19, strike ``316(a)(2)).'' and insert 
     ``316(a)(2)), except that--
       ``(1) the Architectural and Transportation Barriers 
     Compliance Board shall remain responsible under section 223 
     for the general policies and criteria for the approval of 
     applications submitted under section 222(a); and
       ``(2) in revising the voting systems standards under 
     section 101(c)(2) the Commission shall consult with the 
     Architectural and Transportation Barriers Compliance 
     Board.''.
                                  ____

  SA 2865. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows;

       On page 68, between lines 17 and 18, insert the following:

     SEC. 402. DELIVERY OF MAIL FROM OVERSEAS PRECEDING FEDERAL 
                   ELECTIONS.

       (a) Responsibilities of Secretary of Defense.--
       (1) Additional duties.--Section 1566(g) of title 10, United 
     States Code, as added by section 1602(a)(1) of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1274), is amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) The Secretary shall ensure that voting materials are 
     transmitted expeditiously by military postal authorities at 
     all times. The Secretary shall, to the maximum extent 
     practicable, implement measures to ensure that a postmark or 
     other official proof of mailing date is provided on each 
     absentee ballot collected at any overseas location or vessel 
     at sea whenever the Department of Defense is responsible for 
     collecting mail for return shipment to the United States. The 
     Secretary shall ensure that the measures implemented under 
     the preceding sentence do not result in the delivery of 
     absentee ballots to the final destination of such ballots 
     after the date on which the election for Federal office is 
     held.
       ``(3) The Secretary of each military department shall, to 
     the maximum extent practicable, provide notice to members of 
     the armed forces stationed at that installation of the last 
     date before a general Federal election for which absentee 
     ballots mailed from a postal facility located at that 
     installation can reasonably be expected to be timely 
     delivered to the appropriate State and local election 
     officials.''.
       (2) Report.--The Secretary of Defense shall submit to 
     Congress a report describing the measures to be implemented 
     under section 1566(g)(2) of title 10, United States Code (as 
     added by paragraph (1)), to ensure the timely transmittal and 
     postmarking of voting materials and identifying the persons 
     responsible for implementing such measures.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 1602 of the 
     National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107; 115 Stat. 1274) upon the enactment of 
     that Act.
                                  ____

  SA 2866. Mr. LUGAR submitted an amendment intended to be proposed to 
amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 38, strike lines 9 through 12, and insert the 
     following:
     submitted under section 212(c)(1)(B) of such section;
       (6) to establish toll-free telephone hotlines that voters 
     may use to report possible voting fraud and voting rights 
     abuses; or
       (7) to meet the requirements under section 101, 102, or 
     103.
                                  ____

  SA 2867. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections,

[[Page S788]]

and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 54, strike lines 15 through 17, and insert the 
     following: ``hours, including the advisability of 
     establishing a uniform poll closing time;''.
                                  ____

  SA 2868. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. 402. ESTABLISHMENT OF ELECTION DAY IN FEDERAL ELECTION 
                   YEARS AS A LEGAL PUBLIC HOLIDAY.

       Section 6103(a) of title 5, United States code, is amended 
     by inserting after the item relating to Veterans Day the 
     following:
       ``Election Day, the Tuesday next after the first Monday in 
     November in each even-numbered year.''.
                                  ____

  SA 2869. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 2688 proposed by Mr. Dodd to the bill (S. 565) to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 68, between lines 17 and 18, insert the following:

     SEC. ____. SENSE OF THE SENATE REGARDING STATE AND LOCAL 
                   INPUT INTO CHANGES MADE TO THE ELECTORAL 
                   PROCESS.

       (a) Findings.--Congress finds the following:
       (1) Although Congress has the responsibility to ensure that 
     our citizens' right to vote is protected, and that votes are 
     counted in a fair and accurate manner, States and localities 
     have a vested interest in the electoral process.
       (2) The Federal Government should ensure that States and 
     localities have some say in any election mandates placed upon 
     the States and localities.
       (3) Congress should ensure that any election reform laws 
     contain provisions for input by State and local election 
     officials.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Department of Justice and the Committee on Election 
     Reform should take steps to ensure that States and localities 
     are allowed some input into any changes that are made to the 
     electoral process, preferably through some type of advisory 
     committee or commission.
                                  ____

  SA 2870. Mr. WYDEN (for himself, Ms. Cantwell, and Mrs. Murray) 
submitted an amendment intended to be proposed to amendment SA 2688 
proposed by Mr. Dodd to the bill (S. 565) to establish the Commission 
on Voting Rights and Procedures to study and make recommendations 
regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 18, beginning with line 8, strike through page 19, 
     line 19, and insert the following:
       (b) Requirements for Voters Who Register by Mail.--
       (1) In general.--Notwithstanding section 6(c) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     4(c)) and subject to paragraph (3), a State shall, in a 
     uniform and nondiscriminatory manner, require an individual 
     to meet the requirements of paragraph (2) if--
       (A) the individual has registered to vote in a jurisdiction 
     by mail; and
       (B) the individual has not previously voted in an election 
     for Federal office in that State.
       (2) Requirements.--
       (A) In general.--An individual meets the requirements of 
     this paragraph if the individual--
       (i) in the case of an individual who votes in person--

       (I) presents to the appropriate State or local election 
     official a current and valid photo identification;
       (II) presents to the appropriate State or local election 
     official a copy of a current utility bill, bank statement, 
     Government check, paycheck, or other Government document that 
     shows the name and address of the voter;
       (III) provides written affirmation on a form provided by 
     the appropriate State or local election official of the 
     individual's identity; or
       (IV) provides a signature or personal mark for matching 
     with the signature or personal mark on record with the 
     appropriate State or local election official; or

       (ii) in the case of an individual who votes by mail, 
     submits with the ballot--

       (I) a copy of a current and valid photo identification;
       (II) a copy of a current utility bill, bank statement, 
     Government check, paycheck, or other Government document that 
     shows the name and address of the voter; or
       (III) a signature or personal mark for matching with the 
     signature or personal mark on record with the appropriate 
     State or local election official.
       (B) Signature Comparison.--Notwithstanding the requirements 
     of subparagaph (A), a State may elect to require voters 
     described in subsection (b)(1)(A) and (B) to provide a 
     signature or personal mark for matching with the voter's 
     signature or personal mark on record with a state or local 
     election official, in lieu of the requirements under such 
     subparagraph. States making such election shall provide 
     notice to such voters consistent with the notice provided for 
     provisional ballots under Section 102(a)(5) and (6).
       On line 20, change ``(B)'' to ``(C).''
                                  ____

  SA 2871. Mr. SCHUMER proposed an amendment to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; as follows:

       On page 8, strike lines 5 through 18, and insert the 
     following:
       (B) Exceptions.--
       (i) If a State meets the criteria of item (aa) of 
     subparagraph (A)(i)(I) with respect to a language, a 
     jurisdiction of that State shall not be required to provide 
     alternative language accessibility under this paragraph with 
     respect to that language if--

       (I) less than 5 percent of the total number of voting-age 
     citizens who reside in that jurisdiction speak that language 
     as their first language and are limited-English proficient; 
     and
       (II) the jurisdiction does not meet the criteria of item 
     (bb) of such subparagraph with respect to that language.

       (ii) A State or locality that uses a lever voting system 
     and that would be required to provide alternative language 
     accessibility under the preceding provisions of this 
     paragraph with respect to an additional language that was not 
     included in the voting system of the State or locality before 
     the date of enactment of this Act may meet the requirements 
     of this paragraph with respect to such additional language by 
     providing alternative language accessibility through the 
     voting systems used to meet the requirement of paragraph 
     (3)(B) if--

       (I) it is not practicable to add the alternative language 
     to the lever voting system or the addition of the language 
     would cause the voting system to become more confusing or 
     difficult to read for other voters;
       (II) the State or locality has filed a request for a waiver 
     with the Office of Election Administration of the Federal 
     Election Commission or, after the transition date (as defined 
     in section 316(a)(2)), with the Election Administration 
     Commission, that describes the need for the waiver and how 
     the voting system under paragraph (3)(B) would provide 
     alternative language accessibility; and
       (III) the Office of Election Administration or the Election 
     Administration Commission (as appropriate) has approved the 
     request filed under subclause (II).
                                  ____


  SA 2872. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 565, to establish the

[[Page S789]]

Commission on Voting Rights and Procedures to study and make 
recommendations regarding election technology, voting, and election 
administration, to establish a grant program under which the Office of 
Justice Programs and the Civil Rights Division of the Department of 
Justice shall provide assistance to States and localities in improving 
election technology and the administration of Federal elections, to 
require States to meet uniform and nondiscriminatory election 
technology and administration requirements for the 2004 Federal 
elections, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 21, strike lines 1 through 5, and insert the 
     following:
       (B)(i) Except as provided in clause (ii), the question 
     ``Will you be 18 years of age on or before election day?'' 
     and boxes for the applicant to check to indicate whether or 
     not the applicant will be 18 years of age or older on 
     election day.
       (ii) If the State law permits an individual to register to 
     vote even though the individual will not be 18 years of age 
     or older on election day, the State may substitute a question 
     reflecting the State's age requirement for the question in 
     clause (i).
                                  ____

  SA 2873. Mr. SCHUMER proposed an amendment to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for purposes; as follows:

       On page 13, strike line 22, and insert the following: ``is 
     not counted (such notice shall include the State's voter 
     registration form); and''.
                                  ____

  SA 2874. Mr. DODD (for Ms. Cantwell (for himself, Mrs. Murray, and 
Mr. Dodd)) proposed an amendment to the bill S. 565, to establish the 
Commission on Voting Rights and Procedures to study and make 
recommendations regarding election technology, voting, and election 
administration, to establish a grant program under which the Office of 
Justice Programs and the Civil Rights Division of the Department of 
Justice shall provide assistance to States and localities in improving 
election technology and the administration of Federal elections, to 
require States to meet uniform and nondiscriminatory election 
technology and administration requirements for the 2004 Federal 
elections, and for other purposes; as follows:

       On page 5, strike lines 4 through 14, and insert the 
     following:
       (B) A State or locality that uses a paper ballot voting 
     system, a punchcard voting system, or a central count voting 
     system (including mail-in absentee ballots or mail-in 
     ballots), may meet the requirement of subparagraph (A) by--
       (i) establishing a voter education program specific to that 
     voting system that notifies each voter of the effect of 
     casting multiple votes for an office; and
       (ii) providing the voter with instructions on how to 
     correct the ballot before it is cast and counted (including 
     instructions on how to correct the error through the issuance 
     of a replacement ballot if the voter was otherwise unable to 
     change the ballot or correct any error).
                                  ____

  SA 2875. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 19, strike lines 10 through 24, and insert the 
     following:

     voter;
       (III) provides written affirmation on a form provided by 
     the appropriate State or local election official of the 
     individual's identity; or
       (IV) provides a signature or personal mark that matches the 
     signature or personal mark of the individual on record with a 
     State or local election official; or

       (ii) in the case of an individual who votes by mail, 
     submits with the ballot--

       (I) a copy of a current and valid photo identification;
       (II) a copy of a current utility bill, bank statement, 
     Government check, paycheck, or other Government document that 
     shows the name and address of the voter; or
       (III) provides a signature or personal mark that matches 
     the signature or personal mark of the individual on record 
     with a State or local election official.

       (B) Provisional voting.--An individual who desires to vote 
     in person, but who does not meet the requirements of 
     subparagraph (A)(i), may cast a provisional ballot under 
     section 102(a).
       (3) Identity verification by signature or personal mark.--
       (A) In general.--In lieu of the requirements of paragraph 
     (1), a State may require each individual described in such 
     paragraph to provide a signature or personal mark for the 
     purpose of matching such signature or mark with the signature 
     or personal mark of that individual on record with a State or 
     local election official.
       (B) Notice requirements.--If a State elects to adopt the 
     requirements described in subparagraph (A), the State shall--
       (i) provide each individual providing a signature or 
     personal mark under such subparagraph with--

       (I) written information similar to the information 
     described in paragraph (5) of section 102(a); and
       (II) notice similar to the notice described in paragraph 
     (6)(A) of such section; and

       (ii) establish a free access system similar to the system 
     described in paragraph (6)(B) of such section.
       On page 18, line 13, after ``shall'' insert ``in a uniform 
     and non-discriminatory manner''.
                                  ____

  SA 2876. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 18, line 8, strike through page 19, line 
     24, and insert the following:
       (b) Requirements for Voters Who Register by Mail.--
       (1) In general.--Notwithstanding section 6(c) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     4(c)) and subject to paragraph (3), a State shall, in a 
     uniform and nondiscriminatory manner, require an individual 
     to meet the requirements of paragraph (2) if--
       (A) the individual has registered to vote in a jurisdiction 
     by mail; and
       (B) the individual has not previously voted in an election 
     for Federal office in that State.
       (2) Requirements.--
       (A) In general.--An individual meets the requirements of 
     this paragraph if the individual--
       (i) in the case of an individual who votes in person--

       (I) presents to the appropriate State or local election 
     official a current and valid photo identification;
       (II) presents to the appropriate State or local election 
     official a copy of a current utility bill, bank statement, 
     Government check, paycheck, or other Government document that 
     shows the name and address of the voter;
       (III) provides written affirmation on a form provided by 
     the appropriate State or local election official of the 
     individual's identity; or
       (IV) provides a signature or personal mark that matches the 
     signature or personal mark of the individual on record with a 
     State or local election official; or

       (ii) in the case of an individual who votes by mail, 
     submits with the ballot--

       (I) a copy of a current and valid photo identification;
       (II) a copy of a current utility bill, bank statement, 
     Government check, paycheck, or other Government document that 
     shows the name and address of the voter; or
       (III) provides a signature or personal mark that matches 
     the signature or personal mark of the individual on record 
     with a State or local election official.

       (B) Provisional voting.--An individual who desires to vote 
     in person, but who does not meet the requirements of 
     subparagraph (A)(i), may cast a provisional ballot under 
     section 102(a).
       (3) Identity verification by signature or personal mark.--
       (A) In general.--In lieu of the requirements of paragraph 
     (1), a State may require

[[Page S790]]

     each individual described in such paragraph to provide a 
     signature or personal mark for the purpose of matching such 
     signature or mark with the signature or personal mark of that 
     individual on record with a State or local election official.
       (B) Notice requirements.--If a State elects to adopt the 
     requirements described in subparagraph (A), the State shall--
       (i) provide each individual providing a signature or 
     personal mark under such subparagraph with--

       (I) written information similar to the information 
     described in paragraph (5) of section 102(a); and
       (II) notice similar to the notice described in paragraph 
     (6)(A) of such section; and

       (ii) establish a free access system similar to the system 
     described in paragraph (6)(B) of such section.
       On page 21, strike lines 24 and 25, and insert the 
     following:
     section (b) on and after January 1, 2004.
       On page 38, strike lines 2 and 3, and insert the following:
     procedures and programs to identify,
       On page 68, strike lines 19 and 20, and insert the 
     following:
       (a) In General.--Nothing in this Act may be construed to 
     authorize
                                  ____

  SA 2877. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 69, after line 19, add the following:

     SEC.   . DEVELOPMENT AND USE OF ELECTRONIC AND ONLINE VOTING 
                   SYSTEMS.

       Nothing in this Act may be construed to limit the 
     development or use of electronic or online voting systems as 
     long as such systems meet the voting systems standards and 
     the other requirements established under title I.

                          ____________________