[Congressional Record (Bound Edition), Volume 147 (2001), Part 19]
[Senate]
[Pages 26015-26083]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 2516. Mr. FITZGERALD submitted an amendment intended to be 
proposed 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; which was ordered to lie on the table; 
as follows:

       Strike the period at the end of title I and insert a period 
     and the following:

               Subtitle E--Payment Limitation Commission

     SEC. 171. 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.--The Commission shall be composed of the 
     following 7 members appointed by the Secretary of Agriculture 
     (referred to in this subtitle as the ``Secretary''):
       (A) 2 members from land grant colleges or universities with 
     expertise in agricultural economics.
       (B) 5 members who shall be producers of agricultural 
     commodities, each of whom shall represent 1 of the following 
     regions, as determined by the Secretary:
       (i) The Midwest.
       (ii) The Great Plains.
       (iii) The South.
       (iv) The Northeast.
       (v) The West.
       (2) Federal government employment.--The membership of the 
     Commission may include 1 or more employees of the Department 
     of Agriculture or other Federal agencies.
       (4) 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
       (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. 172. 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 have on--
       (A) the agricultural producers that participate in the 
     programs;
       (B) overproduction of agricultural commodities; and
       (C) the prices that agricultural producers receive for 
     agricultural commodities in the marketplace;
       (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. 173. 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. 174. 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. 175. 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. 176. FUNDING.

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

     SEC. 177. 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 172(c).
                                  ____

  SA 2517. Mr. TORRICELLI submitted an amendment intended to be 
proposed 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; which was ordered to lie on the table; 
as follows:

       On page 376, after line 24, insert the following:
       (c) Effective Date.--The amendments made by this section 
     shall not take effect until the President certifies to 
     Congress that all convicted felons wanted by the Federal 
     Bureau of Investigation who are currently living as fugitives 
     in Cuba have been returned to the United States for 
     incarceration.
                                  ____

  SA 2518. Mr. SMITH of Oregon submitted an amendment intended to be 
proposed 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; which was ordered to lie on the table; 
as follows:

       On page 937, between lines 16 and 17, insert the following:

[[Page 26016]]



     SEC. 10. CROP INSURANCE AND NONINSURED CROP DISASTER 
                   ASSISTANCE PROGRAM.

       (a) Findings.--Congress finds that the implementation of 
     current federal disaster assistance programs fails to 
     adequately address situations where disaster conditions are 
     caused by direct federal action.
       (b) Provisions.--
       (1) 7 U.S.C. 7333, as amended by P.L. 104-127, is amended--
       (i) in Section (a)(3) by striking ``or'' and
       (ii) in Section (a)(3) by striking ``as determined by the 
     Secretary.'' and inserting in lieu thereof ``as determined by 
     the Secretary, or disaster caused by direct federal 
     regulatory implementation or resource management decision, 
     action, or water allocation.'' and
       (iii) in Section (c)(2) by striking ``or other natural 
     disaster, as determined by the Secretary.'' and inserting in 
     lieu thereof ``other natural disaster (as determined by the 
     Secretary), or disaster caused by direct federal regulatory 
     implementation or resource management decision, action, or 
     water allocation,''.
       (2) 7 U.S.C. 1508 is amended--
       (i) in Section (a)(1) by striking ``or other natural 
     disaster (as determined by the Secretary).'' and inserting 
     ``natural disaster (as determined by the Secretary), or 
     disaster caused by direct federal regulatory implementation 
     or resource management decision, action, or water 
     allocation.'' and
       (ii) in Section (b)(1) by striking ``or other natural 
     disaster (as determined by the Secretary),'' and inserting in 
     lieu thereof ``other natural disaster (as determined by the 
     Secretary), or direct federal regulatory implementation or 
     resource management decision, action, or water allocation,''.
       (c) Administrative Rules.--The Secretary is encouraged to 
     review and amend administrative rules and guidelines 
     describing disaster conditions to accommodate situations 
     where planting decisions are based on federal water 
     allocations. The Secretary is further encouraged to review 
     the level of disaster payments to irrigated agriculture 
     producers in such cases where federal water allocations are 
     withheld prior to the planting period.
       (d) Effectiveness.--
       (1) Subsections (a)(1) and (a)(2) of this section shall be 
     made effective only upon:
       (i) finding by the Secretary that implementation of 
     subsections (a)(1) and (a)(2):
       (A) do not affect the financial soundness of approved 
     insurance providers or the integrity of the Federal crop 
     insurance program, and
       (B) additional authorities are not needed to achieve 
     actuary soundness of implementing subsections (a)(1) and 
     (a)(2).
                                  ____

  SA 2519. Mr. McCAIN (for himself, Mr. Gramm, and Mr. Kerry) submitted 
an amendment intended to be proposed 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.  . MARKET NAME FOR CATFISH.

       The term ``catfish'' shall be considered to be a common or 
     usual name (or part thereof) for any fish in keeping with 
     Food and Drug Administration procedures that follow 
     scientific standards and market practices for establishing 
     such names for the purposes of section 403 of the Federal 
     Food Drug, and Cosmetic Act, including with respect to the 
     importation of such fish pursuant to section 801 of such Act.
       At the appropriate place in subtitle C of title X, insert 
     the following:

     SEC.  . LABELING OF FISH AS CATFISH.

       Section 755 of the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     2002, is repealed.
                                  ____

  SA 2520. Mr. LUGAR submitted an amendment intended to be proposed 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, which was ordered to lie on the table; as follows:

       Beginning on page 762, strike line 16 and all that follows 
     through page 763, line 20, and insert the following:

     SEC. 741. INITIATIVE FOR FUTURE AGRICULTURE AND FOOD SYSTEMS.

       Section 401 of the Agricultural Research, Extension, and 
     Education Reform Act of 1998 (7 U.S.C. 7621) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Funding.--
       ``(1) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Account to carry out this section--
       ``(A) not later than 30 days after the date of enactment of 
     this subparagraph, $240,000,000; and
       ``(B) on October 1, 2002, and each October 1 thereafter 
     through October 1, 2005, $360,000,000.
       ``(2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under paragraph (1), 
     without further appropriation.''; and
       (2) in subsection (e), by adding at the end the following:
       ``(3) Minority-serving institutions.--The Secretary shall 
     consider reserving, to the maximum extent practicable, 10 
     percent of the funds made available to carry out this section 
     for a fiscal year for grants to minority-serving 
     institutions.''.
                                  ____

  SA 2521. Mr. LUGAR submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       Strike title IV and insert the following:

                      TITLE IV--NUTRITION PROGRAMS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Food Stamp Simplification 
     Act of 2001''.

                     Subtitle A--Food Stamp Program

     SEC. 411. CATEGORICAL ELIGIBILITY FOR RECIPIENTS OF CASH 
                   ASSISTANCE.

       Section 5(a) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(a)) is amended--
       (1) in the second sentence, by striking ``receives 
     benefits'' and inserting ``receives cash assistance''; and
       (2) in the third sentence, by striking ``receives 
     benefits'' and inserting ``receives cash assistance''.

     SEC. 412. DISREGARDING OF INFREQUENT AND UNANTICIPATED 
                   INCOME.

       Section 5(d)(2) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(d)(2)) is amended by striking ``$30'' and inserting 
     ``$100''.

     SEC. 413. SIMPLIFIED TREATMENT OF INDIVIDUALS COMPLYING WITH 
                   CHILD SUPPORT ORDERS.

       (a) Exclusion.--Section 5(d)(6) of the Food Stamp Act of 
     1977 (7 U.S.C. 2014(d)(6)) is amended by adding at the end 
     the following: ``including child support payments made by a 
     household member to or for an individual who is not a member 
     of the household if the household member is legally obligated 
     to make the payments,''.
       (b) Simplified Procedure.--Section 5 of the Food Stamp Act 
     of 1977 (7 U.S.C. 2014) is amended--
       (1) in subsection (e), by striking paragraph (4) and 
     inserting the following:
       ``(4) Deduction for child support payments.--
       ``(A) In general.--In lieu of providing an exclusion for 
     legally obligated child support payments made by a household 
     member under subsection (d)(6), a State agency may elect to 
     provide a deduction for the amount of the payments.
       ``(B) Order of determining deductions.--A deduction under 
     this paragraph shall be determined before the computation of 
     the excess shelter expense deduction under paragraph (6).''; 
     and
       (2) by adding at the end the following:
       ``(n) State Options To Simplify Determination of Child 
     Support Payments Made by Household Members.--
       ``(1) In general.--Regardless of whether a State agency 
     elects to provide a deduction under subsection (e)(4), the 
     Secretary shall establish simplified procedures to allow 
     State agencies to determine the amount of the legally 
     obligated child support payments made, including procedures 
     to allow the State agency to rely on information from the 
     agency responsible for implementing the program under part D 
     of title IV of the Social Security Act (42 U.S.C. 661 et 
     seq.) concerning payments made in prior months in lieu of 
     obtaining current information from the household.
       ``(2) Duration of determination of amount of support 
     payments.--If a State agency makes a determination of the 
     amount of support payments of a household under paragraph 
     (1), the State agency may provide that the amount of the 
     exclusion or deduction for the household shall not change 
     until the eligibility of the household is next redetermined 
     under section 11(e)(4).''.

     SEC. 414. COORDINATED AND SIMPLIFIED DEFINITION OF INCOME.

       Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(d)) is amended--
       (1) by striking ``and (15)'' and inserting ``(15)''; and
       (2) by inserting before the period at the end the 
     following: ``, (16) at the option of the State agency, any 
     educational loans on which payment is deferred, grants, 
     scholarships, fellowships, veterans' educational benefits, 
     and the like (other than loans, grants,

[[Page 26017]]

     scholarships, fellowships, veterans' educational benefits, 
     and the like excluded under paragraph (3)), to the extent 
     that they are required to be excluded under title XIX of the 
     Social Security Act (42 U.S.C. 1396 et seq.), (17) at the 
     option of the State agency, any State complementary 
     assistance program payments that are excluded for the purpose 
     of determining eligibility for medical assistance under 
     section 1931 of the Social Security Act (42 U.S.C. 1396u-1), 
     (18) at the option of the State agency, any types of income 
     that the State agency does not consider when determining 
     eligibility for, or the amount of, cash assistance under a 
     program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.) or medical assistance 
     under section 1931 of the Social Security Act (42 U.S.C. 
     1396u-1), except that this paragraph does not authorize a 
     State agency to exclude wages or salaries, benefits under 
     title I, II, IV, X, XIV, or XVI of the Social Security Act 
     (42 U.S.C. 1381 et seq.), regular payments from a government 
     source (such as unemployment benefits and general 
     assistance), worker's compensation, child support payments 
     made to a household member by an individual who is legally 
     obligated to make the payments, or such other types of income 
     the consideration of which the Secretary determines by 
     regulation to be essential to equitable determinations of 
     eligibility and benefit levels''.

     SEC. 415. EXCLUSION OF INTEREST AND DIVIDEND INCOME.

       Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(d)) (as amended by section 414(2)) is amended by 
     inserting before the period at the end the following: ``, and 
     (19) any interest or dividend income received by a member of 
     the household''.

     SEC. 416. ALIGNMENT OF STANDARD DEDUCTION WITH POVERTY LINE.

       Section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(e)) is amended by striking paragraph (1) and inserting 
     the following:
       ``(1) Standard deduction.--
       ``(A) In general.--Subject to the other provisions of this 
     paragraph, the Secretary shall allow a standard deduction for 
     each household that is--
       ``(i) equal to the applicable percentage specified in 
     subparagraph (D) of the income standard of eligibility 
     established under subsection (c)(1); but
       ``(ii) not less than the minimum deduction specified in 
     subparagraph (E).
       ``(B) Guam.--The Secretary shall allow a standard deduction 
     for each household in Guam that is--
       ``(i) equal to the applicable percentage specified in 
     subparagraph (D) of twice the income standard of eligibility 
     established under subsection (c)(1) for the 48 contiguous 
     States and the District of Columbia; but
       ``(ii) not less than the minimum deduction for Guam 
     specified in subparagraph (E).
       ``(C) Households of 6 or more members.--The income standard 
     of eligibility established under subsection (c)(1) for a 
     household of 6 members shall be used to calculate the 
     standard deduction for each household of 6 or more members.
       ``(D) Applicable percentage.--For the purpose of 
     subparagraph (A), the applicable percentage shall be--
       ``(i) 8 percent for fiscal year 2002;
       ``(ii) 8.5 percent for each of fiscal years 2003 through 
     2005;
       ``(iii) 9 percent for each of fiscal years 2006 through 
     2008;
       ``(iv) 9.5 percent for each of fiscal years 2009 and 2010; 
     and
       ``(v) 10 percent for each fiscal year thereafter.
       ``(E) Minimum deduction.--The minimum deduction shall be 
     $134, $229, $189, $269, and $118 for the 48 contiguous States 
     and the District of Columbia, Alaska, Hawaii, Guam, and the 
     Virgin Islands of the United States, respectively.''.

     SEC. 417. SIMPLIFIED DEPENDENT CARE DEDUCTION.

       Section 5(e)(3) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(e)(3)) is amended by adding at the end the following:
       ``(C) Standard dependent care allowances.--
       ``(i) Establishment of allowances.--

       ``(I) In general.--In determining the dependent care 
     deduction under this paragraph, in lieu of requiring the 
     household to establish the actual dependent care costs of the 
     household, a State agency may use standard dependent care 
     allowances established under subclause (II) for each 
     dependent for whom the household incurs costs for care.
       ``(II) Amendment to state plan.--A State agency that elects 
     to use standard dependent care allowances under subclause (I) 
     shall submit for approval by the Secretary an amendment to 
     the State plan of operation under section 11(d) that--

       ``(aa) describes the allowances that the State agency will 
     use; and
       ``(bb) includes supporting documentation.
       ``(ii) Household election.--

       ``(I) In general.--Except as provided in clause (iii), a 
     household may elect to have the dependent care deduction of 
     the household based on actual dependent care costs rather 
     that the allowances established under clause (i).
       ``(II) Frequency.--The Secretary may by regulation limit 
     the frequency with which households may make the election 
     described in subclause (I) or reverse the election.

       ``(iii) Mandatory dependent care allowances.--The State 
     agency may make the use of standard dependent care allowances 
     established under clause (i) mandatory for all households 
     that incur dependent care costs.''.

     SEC. 418. SIMPLIFIED DETERMINATION OF HOUSING COSTS.

       (a) In General.--Section 5(e)(7) of the Food Stamp Act of 
     1977 (7 U.S.C. 2014(e)(7)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``A household'' and inserting the 
     following:
       ``(i) In general.--A household''; and
       (B) by adding at the end the following:
       ``(ii) Inclusion of certain payments.--In determining the 
     shelter expenses of a household under this paragraph, the 
     State agency shall include any required payment to the 
     landlord of the household without regard to whether the 
     required payment is designated to pay specific charges.''; 
     and
       (2) by adding at the end the following:
       ``(D) Homeless households.--
       ``(i) Alternative deduction.--In lieu of the deduction 
     provided under subparagraph (A), a State agency may elect to 
     allow a household in which all members are homeless 
     individuals, but that is not receiving free shelter 
     throughout the month, to receive a deduction of $143 per 
     month.
       ``(ii) Ineligibility.--The State agency may make a 
     household with extremely low shelter costs ineligible for the 
     alternative deduction under clause (i).''.
       (b) Conforming Amendments.--Section 5 of the Food Stamp Act 
     of 1977 (7 U.S.C. 2014) is amended--
       (1) in subsection (e)--
       (A) by striking paragraph (5); and
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively; and
       (2) in subsection (k)(4)(B), by striking ``subsection 
     (e)(7)'' and inserting ``subsection (e)(6)''.

     SEC. 419. SIMPLIFIED DETERMINATION OF UTILITY COSTS.

       Section 5(e)(6)(C)(iii) of the Food Stamp Act of 1977 (as 
     amended by section 418(b)(1)(B)) is amended--
       (1) in subclause (I)(bb), by inserting ``(without regard to 
     subclause (III))'' after ``Secretary finds''; and
       (2) by adding at the end the following:

       ``(III) Inapplicability of certain restrictions.--Clauses 
     (ii)(II) and (ii)(III) shall not apply in the case of a State 
     agency that has made the use of a standard utility allowance 
     mandatory under subclause (I).''.

     SEC. 420. SIMPLIFIED DETERMINATION OF EARNED INCOME.

       Section 5(f)(1) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(f)(1)) is amended by adding at the end the following:
       ``(C) Simplified determination of earned income.--
       ``(i) In general.--A State agency may elect to determine 
     monthly earned income by multiplying weekly income by 4 and 
     biweekly income by 2.
       ``(ii) Adjustment of earned income deduction.--A State 
     agency that makes an election described in clause (i) shall 
     adjust the earned income deduction under subsection (e)(2)(B) 
     to the extent necessary to prevent the election from 
     resulting in increased costs to the food stamp program, as 
     determined consistent with standards promulgated by the 
     Secretary.''.

     SEC. 421. SIMPLIFIED DETERMINATION OF DEDUCTIONS.

       Section 5(f)(1) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(f)(1)) (as amended by section 420) is amended by adding 
     at the end the following:
       ``(D) Simplified determination of deductions.--
       ``(i) In general.--Except as provided in clause (ii), for 
     the purposes of subsection (e), a State agency may elect to 
     disregard until the next redetermination of eligibility under 
     section 11(e)(4) 1 or more types of changes in the 
     circumstances of a household that affect the amount of 
     deductions the household may claim under subsection (e).
       ``(ii) Changes that may not be disregarded.--Under clause 
     (i), a State agency may not disregard--

       ``(I) any reported change of residence; or
       ``(II) under standards prescribed by the Secretary, any 
     change in earned income.''.

     SEC. 422. SIMPLIFIED RESOURCE ELIGIBILITY LIMIT.

       Section 5(g)(1) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(g)(1)) is amended by striking ``a member who is 60 years 
     of age or older'' and inserting ``an elderly or disabled 
     member''.

     SEC. 423. EXCLUSION OF LICENSED VEHICLES FROM FINANCIAL 
                   RESOURCES.

       (a) In General.--Section 5(g)(2) of the Food Stamp Act of 
     1977 (7 U.S.C. 2014(g)(2)) is amended--
       (1) in subparagraph (B)--
       (A) in clause (iii), by adding ``and'' at the end;
       (B) by striking clause (iv); and
       (C) by redesignating clause (v) as clause (iv);
       (2) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Excluded vehicles.--The Secretary shall exclude from 
     financial resources any licensed vehicle used for household 
     transportation.''; and

[[Page 26018]]

       (3) by striking subparagraph (D).
       (b) Conforming Amendment.--Section 17 of the Food Stamp Act 
     of 1977 (7 U.S.C. 2026) is amended by striking subsection 
     (h).

     SEC. 424. EXCLUSION OF RETIREMENT ACCOUNTS FROM FINANCIAL 
                   RESOURCES.

       Section 5(g)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(g)(2)(B)) (as amended by section 423(a)(1)) is amended 
     by striking clause (iv) and inserting the following:
       ``(iv) any savings account (other than a retirement account 
     (including an individual account)).''.

     SEC. 425. COORDINATED AND SIMPLIFIED DEFINITION OF RESOURCES.

       Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(g)) is amended by adding at the end the following:
       ``(6) Exclusion of types of financial resources not 
     considered under certain other federal programs.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall promulgate regulations under which a State 
     agency may, at the option of the State agency, exclude from 
     financial resources under this subsection any types of 
     financial resources that the State agency does not consider 
     when determining eligibility for--
       ``(i) cash assistance under a program funded under part A 
     of title IV of the Social Security Act (42 U.S.C. 601 et 
     seq.); or
       ``(ii) medical assistance under section 1931 of the Social 
     Security Act (42 U.S.C. 1396u-1).
       ``(B) Limitations.--Subparagraph (A) does not authorize a 
     State agency to exclude--
       ``(i) cash;
       ``(ii) amounts in any account in a financial institution 
     that are readily available to the household; or
       ``(iii) any other similar type of resource the inclusion in 
     financial resources of which the Secretary determines by 
     regulation to be essential to equitable determinations of 
     eligibility under the food stamp program, except to the 
     extent that any of those types of resources are excluded 
     under another paragraph of this subsection.''.

     SEC. 426. ALTERNATIVE ISSUANCE SYSTEMS IN DISASTERS.

       Section 5(h)(3)(B) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(h)(3)(B)) is amended--
       (1) in the first sentence, by inserting ``issuance methods 
     and'' after ``shall adjust''; and
       (2) in the second sentence, by inserting ``, any conditions 
     that make reliance on electronic benefit transfer systems 
     described in section 7(i) impracticable,'' after 
     ``personnel''.

     SEC. 427. SIMPLIFIED REPORTING SYSTEMS.

       Section 6(c)(1) of the Food Stamp Act of 1977 (7 U.S.C. 
     2015(c)(1)) is amended--
       (1) in subparagraph (B), by striking ``on a monthly 
     basis''; and
       (2) by adding at the end the following:
       ``(D) Frequency of reporting.--
       ``(i) In general.--Except as provided in subparagraphs (A) 
     and (C), a State agency may require households that report on 
     a periodic basis to submit reports--

       ``(I) not less often than once each 6 months; but
       ``(II) not more often than once each month.

       ``(ii) Reporting by households with excess income.--A 
     household required to report less often than once each 3 
     months shall, notwithstanding subparagraph (B), report in a 
     manner prescribed by the Secretary if the income of the 
     household for any month exceeds the standard established 
     under section 5(c)(2).''.

     SEC. 428. SIMPLIFIED TIME LIMIT.

       (a) In General.--Section 6(o) of the Food Stamp Act of 1977 
     (7 U.S.C. 2015(o)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``36-month'' and inserting ``12-month'';
       (B) by striking ``3'' and inserting ``6''; and
       (C) in subparagraph (D), by striking ``(4), (5), or (6)'' 
     and inserting ``(4), or (5)'';
       (2) by striking paragraph (5);
       (3) in paragraph (6)(A)(ii)--
       (A) in subclause (III), by adding ``and'' at the end;
       (B) in subclause (IV), by striking ``; and'' and inserting 
     a period; and
       (C) by striking subclause (V); and
       (4) by redesignating paragraphs (6) and (7) as paragraphs 
     (5) and (6), respectively.
       (b) Implementation of Amendments.--For the purpose of 
     implementing the amendments made by subsection (a), a State 
     agency shall disregard any period during which an individual 
     received food stamp benefits before the effective date of 
     this title.

     SEC. 429. PRESERVATION OF ACCESS TO ELECTRONIC BENEFITS.

       (a) In General.--Section 7(i)(1) of the Food Stamp Act of 
     1977 (7 U.S.C. 2016(i)(1)) is amended by adding at the end 
     the following:
       ``(E) Access to electronic benefit transfer systems.--
       ``(i) In general.--No benefits shall be taken off-line or 
     otherwise made inaccessible because of inactivity until at 
     least 180 days have elapsed since a household last accessed 
     the account of the household.
       ``(ii) Notice to household.--In a case in which benefits 
     are taken off-line or otherwise made inaccessible, the 
     household shall be sent a notice that--

       ``(I) explains how to reactivate the benefits; and
       ``(II) offers assistance if the household is having 
     difficulty accessing the benefits of the household.''.


       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to each State agency beginning on 
     the date on which the State agency, after the date of 
     enactment of this Act, enters into a contract to operate an 
     electronic benefit transfer system.

     SEC. 430. COST-NEUTRALITY FOR ELECTRONIC BENEFIT TRANSFER 
                   SYSTEMS.

       Section 7(i)(2) of the Food Stamp Act of 1977 (7 U.S.C. 
     2016(i)(2)) is amended--
       (1) by striking subparagraph (A); and
       (2) by redesignating subparagraphs (B) through (I) as 
     subparagraphs (A) through (H), respectively.

     SEC. 431. SIMPLIFIED PROCEDURES FOR RESIDENTS OF CERTAIN 
                   GROUP FACILITIES.

       (a) In General.--Section 8 of the Food Stamp Act of 1977 (7 
     U.S.C. 2017) is amended by adding at the end the following:
       ``(f) Simplified Procedures for Residents of Certain Group 
     Facilities.--
       ``(1) In general.--At the option of the State agency, 
     allotments for residents of facilities described in 
     subparagraph (B), (C), (D), or (E) of section 3(i)(5) may be 
     determined and issued under this subsection in lieu of 
     subsection (a).
       ``(2) Amount of allotment.--The allotment for each eligible 
     resident described in paragraph (1) shall be calculated in 
     accordance with standardized procedures established by the 
     Secretary that take into account the allotments typically 
     received by residents of facilities described in paragraph 
     (1).
       ``(3) Issuance of allotment.--
       ``(A) In general.--The State agency shall issue an 
     allotment determined under this subsection to the 
     administration of a facility described in paragraph (1) as 
     the authorized representative of the residents of the 
     facility.
       ``(B) Adjustment.--The Secretary shall establish procedures 
     to ensure that a facility described in paragraph (1) does not 
     receive a greater proportion of a resident's monthly 
     allotment than the proportion of the month during which the 
     resident lived in the facility.
       ``(4) Departures of covered residents.--
       ``(A) Notification.--Any facility described in paragraph 
     (1) that receives an allotment for a resident under this 
     subsection shall--
       ``(i) notify the State agency promptly on the departure of 
     the resident; and
       ``(ii) notify the resident, before the departure of the 
     resident, that the resident--

       ``(I) is eligible for continued benefits under the food 
     stamp program; and
       ``(II) should contact the State agency concerning 
     continuation of the benefits.

       ``(B) Issuance to departed residents.--On receiving a 
     notification under subparagraph (A)(i) concerning the 
     departure of a resident, the State agency--
       ``(i) shall promptly issue the departed resident an 
     allotment for the days of the month after the departure of 
     the resident (calculated in a manner prescribed by the 
     Secretary) unless the departed resident reapplies to 
     participate in the food stamp program; and
       ``(ii) may issue an allotment for the month following the 
     month of the departure (but not any subsequent month) based 
     on this subsection unless the departed resident reapplies to 
     participate in the food stamp program.
       ``(C) State option.--The State agency may elect not to 
     issue an allotment under subparagraph (B)(i) if the State 
     agency lacks sufficient information on the location of the 
     departed resident to provide the allotment.
       ``(D) Effect of reapplication.--If the departed resident 
     reapplies to participate in the food stamp program, the 
     allotment of the departed resident shall be determined 
     without regard to this subsection.''.
       (b) Conforming Amendments.--
       (1) Section 3(i) of the Food Stamp Act of 1977 (7 U.S.C. 
     2012(i)) is amended--
       (A) by striking ``(i) `Household' means (1) an'' and 
     inserting the following:
       ``(i)(1) `Household' means--
       ``(A) an'';
       (B) in the first sentence, by striking ``others, or (2) a 
     group'' and inserting the following: ``others; or
       ``(B) a group'';
       (C) in the second sentence, by striking ``Spouses'' and 
     inserting the following:
       ``(2) Spouses'';
       (D) in the third sentence, by striking ``Notwithstanding'' 
     and inserting the following:
       ``(3) Notwithstanding'';
       (E) in paragraph (3) (as designated by subparagraph (D)), 
     by striking ``the preceding sentences'' and inserting 
     ``paragraphs (1) and (2)'';
       (F) in the fourth sentence, by striking ``In no event'' and 
     inserting the following:
       ``(4) In no event'';
       (G) in the fifth sentence, by striking ``For the purposes 
     of this subsection, residents'' and inserting the following:
       ``(5) For the purposes of this subsection, the following 
     persons shall not be considered to be residents of 
     institutions and shall be considered to be individual 
     households:
       ``(A) Residents''; and

[[Page 26019]]

       (H) in paragraph (5) (as designated by subparagraph (G))--
       (i) by striking ``Act, or are individuals'' and inserting 
     the following: ``Act.
       ``(B) Individuals'';
       (ii) by striking ``such section, temporary'' and inserting 
     the following: ``that section.
       ``(C) Temporary'';
       (iii) by striking ``children, residents'' and inserting the 
     following: ``children.
       ``(D) Residents'';
       (iv) by striking ``coupons, and narcotics'' and inserting 
     the following: ``coupons.
       ``(E) Narcotics''; and
       (v) by striking ``shall not'' and all that follows and 
     inserting a period.
       (2) Section 5(a) of the Food Stamp Act of 1977 (7 U.S.C. 
     2014(a)) is amended by striking ``the third sentence of 
     section 3(i)'' each place it appears and inserting ``section 
     3(i)(4)''.
       (3) Section 8(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 
     2017(e)(1)) is amended by striking ``the last sentence of 
     section 3(i)'' and inserting ``section 3(i)(5)''.
       (4) Section 17(b)(1)(B)(iv)(III)(aa) of the Food Stamp Act 
     of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(aa)) is amended by 
     striking ``the last 2 sentences of section 3(i)'' and 
     inserting ``paragraphs (4) and (5) of section 3(i)''.

     SEC. 432. 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 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.''.

     SEC. 433. SIMPLIFIED DETERMINATIONS OF CONTINUING 
                   ELIGIBILITY.

       (a) In General.--Section 11(e) of the Food Stamp Act of 
     1977 (7 U.S.C. 2020(e)) is amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(4)(A) that the State agency shall periodically require 
     each household to cooperate in a redetermination of the 
     eligibility of the household.
       ``(B) A redetermination under subparagraph (A) shall--
       ``(i) be based on information supplied by the household; 
     and
       ``(ii) conform to standards established by the Secretary.
       ``(C) The interval between redeterminations of eligibility 
     under subparagraph (A) shall not exceed the eligibility 
     review period;'' and
       (2) in paragraph (10)--
       (A) by striking ``within the household's certification 
     period''; and
       (B) by striking ``or until'' and all that follows through 
     ``occurs earlier''.
       (b) Conforming Amendments.--
       (1) Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C. 
     2012(c)) is amended--
       (A) by striking ``Certification period'' and inserting 
     ``Eligibility review period''; and
       (B) by striking ``certification period'' each place it 
     appears and inserting ``eligibility review period''.
       (2) Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014) 
     is amended--
       (A) in subsection (d)(2), by striking ``in the 
     certification period which'' and inserting ``that''; and
       (B) in subsection (e) (as amended by section 
     1218(b)(1)(B))--
       (i) in paragraph (5)(B)(ii)--

       (I) in subclause (II), by striking ``certification period'' 
     and inserting ``eligibility review period''; and
       (II) in subclause (III), by striking ``has been anticipated 
     for the certification period'' and inserting ``was 
     anticipated when the household applied or at the most recent 
     redetermination of eligibility for the household''; and

       (ii) in paragraph (6)(C)(iii)(II), by striking ``the end of 
     a certification period'' and inserting ``each redetermination 
     of the eligibility of the household''.
       (3) Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) 
     is amended--
       (A) in subsection (c)(1)(C)(iv), by striking 
     ``certification period'' each place it appears and inserting 
     ``interval between required redeterminations of 
     eligibility''; and
       (B) in subsection (d)(1)(D)(v)(II), by striking ``a 
     certification period'' and inserting ``an eligibility review 
     period''.
       (4) Section 8(c) of the Food Stamp Act of 1977 (7 U.S.C. 
     2017(c)) is amended--
       (A) in the second sentence of paragraph (1), by striking 
     ``within a certification period''; and
       (B) in paragraph (2)(B), by striking ``expiration of'' and 
     all that follows through ``during a certification period,'' 
     and inserting ``termination of benefits to the household,''.
       (5) Section 11(e)(16) of the Food Stamp Act of 1977 (7 
     U.S.C. 2020(e)(16)) is amended by striking ``the 
     certification or recertification'' and inserting 
     ``determining the eligibility''.

     SEC. 434. SIMPLIFIED APPLICATION PROCEDURES FOR THE ELDERLY 
                   AND DISABLED.

       (a) In General.--Section 11(i) of the Food Stamp Act of 
     1977 (7 U.S.C. 2020(i)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``income shall be informed'' and inserting 
     the following: ``income shall be--
       ``(A) informed'';
       (B) by striking ``program and be assisted'' and inserting 
     the following: ``program;
       ``(B) assisted''; and
       (C) by striking ``office and be certified'' and inserting 
     the following: ``office; and
       ``(C) certified''; and
       (2) by adding at the end the following:
       ``(3) Dual-purpose applications.--
       ``(A) In general.--Under regulations promulgated by the 
     Secretary after consultation with the Commissioner of Social 
     Security, a State agency may enter into a memorandum of 
     understanding with the Commissioner under which an 
     application for supplemental security income benefits under 
     title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) 
     from a household composed entirely of applicants for or 
     recipients of those benefits shall also be considered to be 
     an application for benefits under the food stamp program.
       ``(B) Certification; reporting requirements.--A household 
     covered by a memorandum of understanding under subparagraph 
     (A)--
       ``(i) shall be certified based exclusively on information 
     provided to the Commissioner, including such information as 
     the Secretary shall require to be collected under the terms 
     of any memorandum of understanding under this paragraph; and
       ``(ii) shall not be subject to any reporting requirement 
     under section 6(c).
       ``(C) Exceptions to value of allotment.--The Secretary 
     shall provide by regulation for such exceptions to section 
     8(a) as are necessary because a household covered by a 
     memorandum of understanding under subparagraph (A) did not 
     complete an application under subsection (e)(2).
       ``(D) Coverage.--In accordance with standards promulgated 
     by the Secretary, a memorandum of understanding under 
     subparagraph (A) need not cover all classes of applicants and 
     recipients referred to in subparagraph (A).
       ``(E) Exemption from certain application procedures.--In 
     the case of any member of a household covered by a memorandum 
     of understanding under subparagraph (A), the Commissioner 
     shall not be required to comply with--
       ``(i) subparagraph (B) or (C) of paragraph (1); or
       ``(ii) subsection (j)(1)(B).
       ``(F) Right to apply under regular program.--The Secretary 
     shall ensure that each household covered by a memorandum of 
     understanding under subparagraph (A) is informed that the 
     household may--
       ``(i)(I) submit an application under subsection (e)(2); and
       ``(II) have the eligibility and value of the allotment of 
     the household under the food stamp program determined without 
     regard to this paragraph; or
       ``(ii) decline to participate in the food stamp program.
       ``(G) Transition provision.--Notwithstanding the 
     requirement for the promulgation of regulations under 
     subparagraph (A), the Secretary may approve a request from a 
     State agency to enter into a memorandum of understanding in 
     accordance with this paragraph during the period--
       ``(i) beginning on the date of enactment of this paragraph; 
     and
       ``(ii) ending on the earlier of--

       ``(I) the date of promulgation of the regulations; or
       ``(II) the date that is 3 years after the date of enactment 
     of this paragraph.''.

       (b) Conforming Amendments.--Section 11(j)(1) of the Food 
     Stamp Act of 1977 (7 U.S.C. 2020(j)(1)) is amended--
       (1) by striking ``shall be informed'' and inserting the 
     following: ``shall be--
       ``(A) informed''; and
       (2) by striking ``program and informed'' and inserting the 
     following: ``program; and
       ``(B) informed''.

     SEC. 435. TRANSITIONAL FOOD STAMPS FOR FAMILIES MOVING FROM 
                   WELFARE.

       (a) In General.--Section 11 of the Food Stamp Act of 1977 
     (7 U.S.C. 2020) is amended by adding at the end the 
     following:
       ``(s) Transitional Benefits Option.--
       ``(1) In general.--A State agency may provide transitional 
     food stamp benefits to a household that ceases to receive 
     cash assistance under a State program funded under part A of 
     title IV of the Social Security Act (42 U.S.C. 601 et seq.).
       ``(2) Transitional benefits period.--Under paragraph (1), a 
     household may continue to receive food stamp benefits for a 
     period of not more than 6 months after the date on which cash 
     assistance is terminated.
       ``(3) Amount of benefits.--During the transitional benefits 
     period under paragraph (2), a household shall receive an 
     amount of food stamp benefits equal to the allotment received 
     in the month immediately preceding the date on which cash 
     assistance was terminated, adjusted for--

[[Page 26020]]

       ``(A) the change in household income as a result of the 
     termination of cash assistance; and
       ``(B) any changes in circumstances that may result in an 
     increase in the food stamp allotment of the household and 
     that the household elects to report.
       ``(4) Determination of future eligibility.--In the final 
     month of the transitional benefits period under paragraph 
     (2), the State agency may--
       ``(A) require the household to cooperate in a 
     redetermination of eligibility; and
       ``(B) initiate a new eligibility review period for the 
     household without regard to whether the preceding eligibility 
     review period has expired.
       ``(5) Limitation.--A household shall not be eligible for 
     transitional benefits under this subsection if the 
     household--
       ``(A) loses eligibility under section 6;
       ``(B) is sanctioned for a failure to perform an action 
     required by Federal, State, or local law relating to a cash 
     assistance program described in paragraph (1); or
       ``(C) is a member of any other category of households 
     designated by the State agency as ineligible for transitional 
     benefits.''.
       (b) Conforming Amendments.--
       (1) Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C. 
     2012(c)) is amended by adding at the end the following: ``The 
     limits specified in this section may be extended until the 
     end of any transitional benefit period established under 
     section 11(s).''.
       (2) Section 6(c) of the Food Stamp Act of 1977 (7 U.S.C. 
     2015(c)) is amended by striking ``No household'' and 
     inserting ``Except in a case in which a household is 
     receiving transitional benefits during the transitional 
     benefits period under section 11(s), no household''.

     SEC. 436. QUALITY CONTROL.

       (a) In General.--Section 16(c) of the Food Stamp Act of 
     1977 (7 U.S.C. 2025(c)) is amended--
       (1) in paragraph (1), by striking ``enhances payment 
     accuracy'' and all that follows through ``(A) the Secretary'' 
     and inserting the following: ``enhances payment accuracy and 
     that has the following elements:
       ``(A) Corrective action plans.--The Secretary shall foster 
     management improvements by the States by requiring State 
     agencies to develop and implement corrective action plans to 
     reduce payment errors.
       ``(B) Investigation and initial sanctions.--
       ``(i) Investigation.--Except as provided under subparagraph 
     (C), for any fiscal year in which the Secretary determines 
     that a 95 percent statistical probability exists that the 
     payment error rate of a State agency exceeds the national 
     performance measure for payment error rates announced under 
     paragraph (6) by more than 1 percentage point, other than for 
     good cause shown, the Secretary shall investigate the 
     administration by the State agency of the food stamp program 
     unless the Secretary determines that sufficient information 
     is already available to review the administration by the 
     State agency.
       ``(ii) Initial sanctions.--If an investigation under clause 
     (i) results in a determination that the State agency has been 
     seriously negligent (as determined under standards 
     promulgated by the Secretary), the State agency shall pay the 
     Secretary an amount that reflects the extent of such 
     negligence (as determined under standards promulgated by the 
     Secretary), not to exceed 5 percent of the amount provided to 
     the State agency under subsection (a) for the fiscal year.
       ``(C) Additional sanctions.--If, for any fiscal year, the 
     Secretary determines that a 95 percent statistical 
     probability exists that the payment error rate of a State 
     agency exceeds the national performance measure for payment 
     error rates announced under paragraph (6) by more than 1 
     percentage point, other than for good cause shown, and that 
     the State agency was sanctioned under this paragraph or was 
     the subject of an investigation or review under subparagraph 
     (B)(i) for each of the 2 immediately preceding fiscal years, 
     the State agency shall pay to the Secretary an amount equal 
     to the product obtained by multiplying--
       ``(i) the value of all allotments issued by the State 
     agency in the fiscal year;
       ``(ii) the lesser of--

       ``(I) the ratio that--

       ``(aa) the amount by which the payment error rate of the 
     State agency for the fiscal year exceeds by more than 1 
     percentage point the national performance measure for the 
     fiscal year; bears to
       ``(bb) 10 percent; or

       ``(II) 1; and

       ``(iii) the amount by which the payment error rate of the 
     State agency for the fiscal year exceeds by more than 1 
     percentage point the national performance measure for the 
     fiscal year.'';
       (2) in paragraph (2)(A), by inserting before the semicolon 
     the following: ``, as adjusted downward as appropriate under 
     paragraph (10)'';
       (3) in the first sentence of paragraph (4), by striking ``, 
     enhanced administrative funding,'' and all that follows and 
     inserting ``under this subsection, high performance bonus 
     payment under paragraph (11), or claim for payment error 
     under paragraph (1).'';
       (4) in the first sentence of paragraph (5), by striking 
     ``to establish'' and all that follows and inserting the 
     following: ``to establish the payment error rate for the 
     State agency for the fiscal year, to comply with paragraph 
     (10), and to determine the amount of any high performance 
     bonus payment of the State agency under paragraph (11) or 
     claim under paragraph (1).'';
       (5) in the first sentence of paragraph (6), by striking 
     ``incentive payments or claims pursuant to paragraphs (1)(A) 
     and (1)(C),'' and inserting ``claims under paragraph (1),''; 
     and
       (6) by adding at the end the following:
       ``(10) Adjustments of payment error rate.--
       ``(A) In general.--
       ``(i) Fiscal year 2002.--Subject to clause (ii), for fiscal 
     year 2002, in applying paragraph (1), the Secretary shall 
     adjust the payment error rate determined under paragraph 
     (2)(A) as necessary to eliminate any increases in errors that 
     result from the State agency's serving a higher percentage of 
     households with earned income, households with 1 or more 
     members who are not United States citizens, or both, than the 
     lesser of, as the case may be--

       ``(I) the percentage of households of the corresponding 
     type that receive food stamps nationally; or
       ``(II) the percentage of--

       ``(aa) households with earned income that received food 
     stamps in the State in fiscal year 1992; or
       ``(bb) households with members who are not United States 
     citizens that received food stamps in the State in fiscal 
     year 1998.
       ``(ii) Expanded applicability to state agencies subject to 
     sanctions.--In the case of a State agency subject to 
     sanctions for fiscal year 2001 or any fiscal year thereafter 
     under paragraph (1), the adjustments described in clause (i) 
     shall apply to the State agency for the fiscal year.
       ``(B) Continuation or modification of adjustments.--For 
     fiscal year 2003 and each fiscal year thereafter, the 
     Secretary may determine whether the continuation or 
     modification of the adjustments described in subparagraph 
     (A)(i) or the substitution of other adjustments is most 
     consistent with achieving the purposes of this Act.''.
       (b) Conforming Amendment.--Section 22(h) of the Food Stamp 
     Act of 1977 (7 U.S.C. 2031(h)) is amended by striking the 
     last sentence.
       (c) Applicability.--Except as otherwise provided in the 
     amendments made by subsection (a), the amendments made by 
     subsection (a) shall apply to fiscal year 2001 and each 
     fiscal year thereafter.

     SEC. 437. IMPROVEMENT OF CALCULATION OF STATE PERFORMANCE 
                   MEASURES.

       (a) In General.--Section 16(c)(8) of the Food Stamp Act of 
     1977 (7 U.S.C. 2025(c)(8)) is amended--
       (1) in subparagraph (B), by striking ``180 days after the 
     end of the fiscal year'' and inserting ``the first May 31 
     after the end of the fiscal year referred to in subparagraph 
     (A)''; and
       (2) in subparagraph (C), by striking ``30 days thereafter'' 
     and inserting ``the first June 30 after the end of the fiscal 
     year referred to in subparagraph (A)''.
       (b) Effective Date.--The amendments made by this section 
     take effect on the date of enactment of this Act.

     SEC. 438. BONUSES FOR STATES THAT DEMONSTRATE HIGH 
                   PERFORMANCE.

       (a) In General.--Section 16(c) of the Food Stamp Act of 
     1977 (7 U.S.C. 2025(c)) (as amended by section 436(a)(6)) is 
     amended--
       (1) in the first sentence of paragraph (1), by striking 
     ``enhanced administrative funding to States with the lowest 
     error rates.'' and inserting ``bonus payments to States that 
     demonstrate high levels of performance.''; and
       (2) by adding at the end the following:
       ``(11) High performance bonus payments.--
       ``(A) In general.--For each fiscal year, the Secretary 
     shall--
       ``(i) measure the performance of each State agency with 
     respect to each of the performance measures specified in 
     subparagraph (B); and
       ``(ii) subject to subparagraph (D), make high performance 
     bonus payments to the State agencies with the highest 
     achievement with respect to those performance measures.
       ``(B) Performance measures.--The performance measures 
     specified in this subparagraph are--
       ``(i)(I) the greatest dollar amount of total claims 
     collected in the fiscal year as a proportion of the 
     overpayment dollar amount in the previous fiscal year; and
       ``(II) the greatest percentage point improvement under 
     clause (i)(I) from the previous fiscal year to the fiscal 
     year;
       ``(ii) the greatest improvement from the previous fiscal 
     year to the fiscal year in the ratio, expressed as a 
     percentage, that--

       ``(I) the number of households in the State that--

       ``(aa) have incomes less than 130 percent of the poverty 
     line (as defined in section 673 of the Community Services 
     Block Grant Act (42 U.S.C. 9902));
       ``(bb) are eligible for food stamp benefits; and
       ``(cc) receive food stamps benefits; bears to

       ``(II) the number of households in the State that--

[[Page 26021]]

       ``(aa) have incomes less than 130 percent of the poverty 
     line (as so defined); and
       ``(bb) are eligible for food stamp benefits;
       ``(iii) the lowest overpayment error rate;
       ``(iv) the greatest percentage point improvement from the 
     previous fiscal year to the fiscal year in the overpayment 
     error rate;
       ``(v) the lowest negative error rate;
       ``(vi) the greatest percentage point improvement from the 
     previous year to the fiscal year in the negative error rate;
       ``(vii) the lowest underpayment error rate;
       ``(viii) the greatest percentage point improvement from the 
     previous year to the fiscal year in the underpayment error 
     rate;
       ``(ix) the greatest percentage of new applications 
     processed within the deadlines established under paragraphs 
     (3) and (9) of section 11(e); and
       ``(x) the least average period of time needed to process 
     applications under paragraphs (3) and (9) of section 11(e).
       ``(C) High performance bonus payments.--
       ``(i) Definition of caseload.--In this subparagraph, the 
     term `caseload' has the meaning given the term in section 
     6(o)(5)(A).
       ``(ii) Amount of payments.--

       ``(I) In general.--For each fiscal year, the Secretary 
     shall--

       ``(aa) make 1 high performance bonus payment of $10,000,000 
     for each of the 10 performance measures under subparagraph 
     (B); and
       ``(bb) allocate the high performance bonus payment with 
     respect to each performance measure in accordance with 
     subclauses (II) and (III).

       ``(II) Payment for performance measure concerning claims 
     collected.--For each fiscal year, the Secretary shall 
     allocate the high performance bonus payment made for the 
     performance measure under subparagraph (B)(i) among the 20 
     State agencies with the highest performance in the 
     performance measure in the ratio that--

       ``(aa) the caseload of each such State agency; bears to
       ``(bb) the caseloads of all such State agencies.

       ``(III) Payments for other performance measures.--For each 
     fiscal year, the Secretary shall allocate the high 
     performance bonus payment made for the performance measure 
     under each of clauses (ii) through (x) of subparagraph (B) 
     among the 10 State agencies with the highest performance in 
     the performance measure in the ratio that--

       ``(aa) the caseload of each such State agency; bears to
       ``(bb) the caseloads of all such State agencies.
       ``(iii) Determination of highest performers.--

       ``(I) In general.--In determining the highest performers 
     under clause (ii), the Secretary shall calculate applicable 
     percentages to 2 decimal places.
       ``(II) Determination in event of a tie.--If, under 
     subclause (I), 2 or more State agencies have the same 
     percentage with respect to a performance measure, the 
     Secretary shall calculate the percentage for the performance 
     measure to as many decimal places as are necessary to 
     determine which State agency has the greatest percentage.

       ``(D) Limitations for state agencies subject to 
     sanctions.--If, for any fiscal year, a State agency is 
     subject to a sanction under paragraph (1)--
       ``(i) the State agency shall not be eligible for a high 
     performance bonus payment under clause (iii), (iv), (vii), or 
     (viii) of subparagraph (B) for the fiscal year; and
       ``(ii) the State agency shall not receive a high 
     performance bonus payment for which the State agency is 
     otherwise eligible under this paragraph for the fiscal year 
     until the obligation of the State agency under the sanction 
     has been satisfied (as determined by the Secretary).
       ``(E) Payments not subject to judicial review.--A 
     determination by the Secretary whether, and in what amount, 
     to make a high performance bonus payment under this paragraph 
     shall not be subject to judicial review.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to fiscal year 2003 and each fiscal year 
     thereafter.

     SEC. 439. SIMPLIFIED FUNDING RULES FOR EMPLOYMENT AND 
                   TRAINING PROGRAMS.

       (a) Levels of Funding.--Section 16(h)(1) of the Food Stamp 
     Act of 1977 (7 U.S.C. 2025(h)(1)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``, to remain available until expended,''; 
     and
       (B) by striking clause (vii) and inserting the following:
       ``(vii) to remain available until expended--

       ``(I) for fiscal year 2002, $122,000,000;
       ``(II) for fiscal year 2003, $129,000,000;
       ``(III) for fiscal year 2004, $135,000,000;
       ``(IV) for fiscal year 2005, $142,000,000; and
       ``(V) for fiscal year 2006, $149,000,000.'';

       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Allocation.--Funds made available under subparagraph 
     (A) shall be made available to and reallocated among State 
     agencies under a reasonable formula that--
       ``(i) is determined and adjusted by the Secretary; and
       ``(ii) takes into account the number of individuals who are 
     not exempt from the work requirement under section 6(o).''; 
     and
       (3) by striking subparagraphs (E) through (G).
       (b) Rescission of Carryover Funds.--Notwithstanding any 
     other provision of law, funds provided under section 
     16(h)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C. 
     2025(h)(1)(A)) for any fiscal year before fiscal year 2002 
     shall cease to be available on the date of enactment of this 
     Act, unless obligated by a State agency before that date.
       (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 ``$25 per month'' and inserting ``an 
     amount not less than $25 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 ``$25'' and inserting ``the limit established by the 
     State agency under section 6(d)(4)(I)(i)(I)''.

     SEC. 440. REAUTHORIZATION OF FOOD STAMP PROGRAM.

       (a) Reductions in Payments for Administrative Costs.--
     Section 16(k)(3) of the Food Stamp Act of 1977 (7 U.S.C. 
     2025(k)(3)) is amended--
       (1) in the first sentence of subparagraph (A), by striking 
     ``2002'' and inserting ``2006''; and
       (2) in subparagraph (B)(ii), by striking ``2002'' and 
     inserting ``2006''.
       (b) Cash Payment Pilot Projects.--Section 17(b)(1)(B)(vi) 
     of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(vi)) is 
     amended by striking ``2002'' and inserting ``2006''.
       (c) Grants To Improve Food Stamp Participation.--Section 
     17(i)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C. 
     2026(i)(1)(A)) is amended in the first sentence by striking 
     ``2002'' and inserting ``2006''.
       (d) Authorization of Appropriations.--Section 18(a)(1) of 
     the Food Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is amended 
     in the first sentence by striking ``2002'' and inserting 
     ``2006''.

     SEC. 441. EXPANDED GRANT AUTHORITY.

       Section 17(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 
     2026(a)(1)) is amended--
       (1) by striking ``, by way of making contracts with or 
     grants to public or private organizations or agencies,'' and 
     inserting ``enter into contracts with or make grants to 
     public or private organizations or agencies under this 
     section to''; and
       (2) by adding at the end the following: ``The waiver 
     authority of the Secretary under subsection (b) shall extend 
     to all contracts and grants under this section.''.

     SEC. 442. EXEMPTION OF WAIVERS FROM COST-NEUTRALITY 
                   REQUIREMENT.

       Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C. 
     2026(b)(1)) is amended by adding at the end the following:
       ``(E) Cost neutrality.--
       ``(i) Requirements for waivers.--

       ``(I) Estimation of costs and savings of waivers.--Before 
     approving a waiver for any demonstration project proposed 
     under this subsection, the Secretary shall estimate the costs 
     or savings likely to result from the waiver.
       ``(II) Approval of waivers.--The Secretary shall not 
     approve any waiver that the Secretary estimates will increase 
     costs to the Federal Government unless--

       ``(aa) exigent circumstances require the approval of the 
     waiver;
       ``(bb) the increase in costs is insignificant; or
       ``(cc) the increase in costs is necessary for a designated 
     research demonstration project under clause (ii).

       ``(III) Multiyear cost neutrality.--A waiver shall not be 
     considered to increase costs to the Federal Government based 
     on the impact of the waiver in any 1 fiscal year if the 
     waiver is not expected to increase costs to the Federal 
     Government over any 3-fiscal year period that includes the 
     fiscal year.

       ``(ii) Exemption from cost-neutrality requirement for 
     certain projects.--

       ``(I) In general.--For each fiscal year, the Secretary may 
     designate research demonstration projects that--

       ``(aa) have a substantial likelihood of producing 
     information on important issues of food stamp program design 
     or operation; and
       ``(bb) the Secretary estimates are likely to increase costs 
     to the Federal Government by a total of not more than 
     $50,000,000 during the period of fiscal years 2002 through 
     2006.

       ``(II) Exemption.--A project described in subclause (I) 
     shall be exempt from clause (i).

       ``(iii) Offsets in other programs.--In making 
     determinations of costs to the Federal Government under this 
     subparagraph, the Secretary shall estimate and consider 
     savings to the Federal Government in other programs in such a 
     manner as the Secretary determines to be appropriate.
       ``(iv) No look-back.--The Secretary shall not be required 
     to adjust any estimate made under this subparagraph to 
     reflect the actual costs of a demonstration project as 
     implemented by a State agency.''.

     SEC. 443. PROGRAM SIMPLIFICATION DEMONSTRATION PROJECTS.

       (a) Enhanced Waiver Authority.--Section 17 of the Food 
     Stamp Act of 1977 (7 U.S.C. 2026) is amended by striking 
     subsection (e) and inserting the following:
       ``(e) Program Simplification Demonstration Projects.--
       ``(1) In general.--With the approval of the Secretary, not 
     more than 5 State agencies

[[Page 26022]]

     may carry out demonstration projects to test, for a period of 
     not more than 3 years, promising approaches to simplifying 
     the food stamp program.
       ``(2) Types of demonstration projects.--Each demonstration 
     project under paragraph (1) shall test changes in food stamp 
     program rules in not more than 1 of the following 2 areas:
       ``(A)(i) Reporting requirements under section 6(c).
       ``(ii) Verification methods under section 11(e)(3) 
     (including reliance on data from preceding periods that can 
     be obtained or verified electronically).
       ``(iii) A combination of reporting requirements and 
     verification methods.
       ``(B) The income standard of eligibility established under 
     section 5(c)(1), deductions under section 5(e), and income 
     budgeting procedures under section 5(f).
       ``(3) Selection of demonstration projects.--
       ``(A) In general.--The Secretary shall establish a 
     competitive process to select, from all projects proposed by 
     State agencies, the demonstration projects to be carried out 
     under this subsection based on which projects have the 
     greatest likelihood of producing useful information on 
     important issues of food stamp program design or operation, 
     as determined by the Secretary.
       ``(B) Goals.--In selecting demonstration projects, the 
     Secretary shall seek, at a minimum, to achieve a balance 
     between--
       ``(i) simplifying the food stamp program;
       ``(ii) reducing administrative burdens on State agencies, 
     households, and other individuals and entities;
       ``(iii) providing nutrition assistance to individuals most 
     in need; and
       ``(iv) improving access to nutrition assistance.
       ``(C) Projects not eligible for selection.--The Secretary 
     shall not select any demonstration project under this 
     subsection that the Secretary determines does not have a 
     strong likelihood of producing useful information on 
     important issues of food stamp program design or operation.
       ``(D) Diversity of approaches and areas.--In selecting 
     demonstration projects to be carried out under this 
     subsection, the Secretary shall seek to include--
       ``(i) projects that take diverse approaches;
       ``(ii) at least 1 project that will operate in an urban 
     area; and
       ``(iii) at least 1 project that will operate in a rural 
     area.
       ``(E) Maximum aggregate cost of projects.--The estimated 
     aggregate cost of projects selected by the Secretary under 
     this subsection shall not exceed $90,000,000.
       ``(4) Size of area.--Each demonstration project selected 
     under this subsection shall be carried out in an area that 
     contains not more than the greater of--
       ``(A) one-third of the total households receiving 
     allotments in the State; or
       ``(B) the minimum number of households needed to measure 
     the effects of the demonstration projects.
       ``(5) Evaluations.--
       ``(A) In general.--The Secretary shall provide, through 
     contract or other means, for detailed, statistically valid 
     evaluations to be conducted of each demonstration project 
     carried out under this subsection.
       ``(B) Minimum requirements.--Each evaluation under 
     subparagraph (A)--
       ``(i) shall include the study of control groups or areas; 
     and
       ``(ii) shall analyze, at a minimum, the effects of the 
     project design on--

       ``(I) costs of the food stamp program;
       ``(II) State administrative costs;
       ``(III) the integrity of the food stamp program, including 
     errors as measured under section 16(c);
       ``(IV) participation by households in need of nutrition 
     assistance; and
       ``(V) changes in allotment levels experienced by--

       ``(aa) households of various income levels;
       ``(bb) households with elderly, disabled, and employed 
     members;
       ``(cc) households with high shelter costs relative to the 
     incomes of the households; and
       ``(dd) households receiving subsidized housing, child care, 
     or health insurance.
       ``(C) Funding.--From funds made available to carry out this 
     Act, the Secretary shall reserve not more than $6,000,000 to 
     conduct evaluations under this paragraph.
       ``(6) Report to congress.--Not later than January 1, 2006, 
     the Secretary shall submit to Congress a report on the impact 
     of the demonstration projects carried out under this 
     subsection on the food stamp program, including the 
     effectiveness of the demonstration projects in--
       ``(A) delivering nutrition assistance to households most at 
     risk; and
       ``(B) reducing administrative burdens.''.
       (b) Conforming Amendment.--Section 17(b)(1)(B)(iv)(III)(ii) 
     of the Food Stamp Act of 1977 (7 U.S.C. 
     2026(b)(1)(B)(iv)(III)(ii)) is amended by striking 
     ``paragraph'' and inserting ``section''.

     SEC. 444. CONSOLIDATED BLOCK GRANTS.

       (a) Consolidated Funding.--Section 19(a)(1) of the Food 
     Stamp Act of 1977 (7 U.S.C. 2028(a)(1)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``the Commonwealth of Puerto Rico'' and 
     inserting ``governmental entities specified in subparagraph 
     (D)'';
       (B) in clause (ii), by striking ``and'' at the end; and
       (C) by striking clause (iii) and all that follows and 
     inserting the following:
       ``(iii) for fiscal year 2002, $1,356,000,000; and
       ``(iv) for each of fiscal years 2003 through 2006, the 
     amount provided in clause (iii), as adjusted by the 
     percentage by which the thrifty food plan has been adjusted 
     under section 3(o)(4) between June 30, 2001, and June 30 of 
     the immediately preceding fiscal year;

     to pay the expenditures for nutrition assistance programs for 
     needy persons as described in subparagraphs (B) and (C).'';
       (2) in subparagraph (B), by inserting ``of Puerto Rico'' 
     after ``Commonwealth'' each place it appears; and
       (3) by adding at the end the following:
       ``(C) American samoa.--For each fiscal year, the Secretary 
     shall reserve 0.4 percent of the funds made available under 
     subparagraph (A) for payment to American Samoa to pay the 
     expenditures for a nutrition assistance program extended 
     under section 601(c) of Public Law 96-597 (48 U.S.C. 
     1469d(c)).
       ``(D) Governmental entity.--A governmental entity specified 
     in this subparagraph is--
       ``(i) the Commonwealth of Puerto Rico; and
       ``(ii) for fiscal year 2003 and each fiscal year 
     thereafter, American Samoa.''.
       (b) Conforming Amendment.--Section 24 of the Food Stamp Act 
     of 1977 (7 U.S.C. 2033) is repealed.
       (c) Effective Date.--The amendments made by this section 
     take effect on October 1, 2002.

     SEC. 445. EXPANDED AVAILABILITY OF COMMODITIES.

       (a) In General.--Section 27 of the Food Stamp Act of 1977 
     (7 U.S.C. 2036) is amended--
       (1) in subsection (a)--
       (A) by striking ``From amounts'' and inserting the 
     following:
       ``(1) In general.--From amounts'';
       (B) by striking ``for each of fiscal years 1997 through 
     2002, the Secretary shall purchase $100,000,000 of'' and 
     inserting ``the Secretary shall use the amount specified in 
     paragraph (2) to purchase''; and
       (C) by adding at the end the following:
       ``(2) Amounts.--The amounts specified in this paragraph 
     are--
       ``(A) for each of fiscal years 1997 through 2001, 
     $100,000,000; and
       ``(B) for each of fiscal years 2002 through 2006, 
     $140,000,000.''; and
       (2) by adding at the end the following:
       ``(c) Use of Funds for Related Costs.--
       ``(1) In general.--For each of fiscal years 2002 through 
     2006, the Secretary shall use $10,000,000 of the funds made 
     available under subsection (a) to pay the direct and indirect 
     costs of States relating to the processing, storing, 
     transporting, and distributing to eligible recipient agencies 
     of--
       ``(A) commodities purchased by the Secretary under 
     subsection (a); and
       ``(B) commodities acquired from other sources, including 
     commodities acquired by gleaning (as defined in section 
     111(a) of the Hunger Prevention Act of 1988 (7 U.S.C. 612c 
     note; Public Law 100-435)).
       ``(2) Allocation of funds.--The amount required to be used 
     in accordance with paragraph (1) shall be allocated in 
     accordance with section 204(a) of the Emergency Food 
     Assistance Act of 1983 (7 U.S.C. 7508(a)).''.
       (b) Effective Date.--The amendments made by this section 
     take effect on the date of enactment of this Act.

                  Subtitle B--Miscellaneous Provisions

     SEC. 451. REAUTHORIZATION OF COMMODITY PROGRAMS.

       (a) Commodity Distribution Program.--Section 4(a) of the 
     Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 
     612c note; Public Law 93-86) is amended in the first sentence 
     by striking ``2002'' and inserting ``2006''.
       (b) Commodity Supplemental Food Program.--Section 5 of the 
     Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 
     612c note; Public Law 93-86) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Grants Per Assigned Caseload Slot.--
       ``(1) In general.--In carrying out the program under 
     section 4 (referred to in this section as the `commodity 
     supplemental food program'), for each of fiscal years 2003 
     through 2006, the Secretary shall provide to each State 
     agency from funds made available to carry out that section 
     (including any such funds remaining available from the 
     preceding fiscal year), a grant per assigned caseload slot 
     for administrative costs incurred by the State agency and 
     local agencies in the State in operating the commodity 
     supplemental food program.
       ``(2) Amount of grants.--For each of fiscal years 2003 
     through 2006, the amount of each grant per caseload slot 
     shall be equal to $50, adjusted by the percentage change 
     between--
       ``(A) 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

[[Page 26023]]

       ``(B) the value of that index for the 12-month period 
     ending June 30 of the preceding fiscal year.''; and
       (2) in subsection (d)(2), by striking ``2002'' each place 
     it appears and inserting ``2006''.
       (c) Distribution of Surplus Commodities to Special 
     Nutrition Projects.--Section 1114(a)(2)(A) of the Agriculture 
     and Food Act of 1981 (7 U.S.C. 1431e(2)(A)) is amended in the 
     first sentence by striking ``2002'' and inserting ``2006''.
       (d) Emergency Food Assistance.--Section 204(a)(1) of the 
     Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)) 
     is amended in the first sentence--
       (1) by striking ``2002'' and inserting ``2006'';
       (2) by striking ``administrative''; and
       (3) by inserting ``storage,'' after ``processing,''.

     SEC. 452. WORK REQUIREMENT FOR LEGAL IMMIGRANTS.

       (a) Working Immigrant Families.--Section 
     402(a)(2)(B)(ii)(I) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1612(a)(2)(B)(ii)(I)) is amended by striking ``40'' and 
     inserting ``40 (or, in the case of the specified Federal 
     program described in paragraph (3)(B), 16)''.
       (b) Conforming Amendments.--
       (1) Section 213A(a)(3)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1183a(a)(3)(A)) is amended by 
     striking ``40'' and inserting ``40 (or, in the case of the 
     specified Federal program described in section 402(a)(3)(B) 
     of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1612(a)(3)(B)), 16)''.
       (2) Section 403(c)(2) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1613(c)(2)) is amended by adding at the end the following:
       ``(L) Assistance or benefits under the Food Stamp Act of 
     1977 (7 U.S.C. 2011 et seq.).''.
       (3) Section 421(b)(2)(A) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1631(b)(2)(A)) is amended by striking ``40'' and inserting 
     ``40 (or, in the case of the specified Federal program 
     described in section 402(a)(3)(B), 16)''.

     SEC. 453. QUALIFIED ALIENS.

       Section 402(a)(2) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) 
     is amended by adding at the end the following:
       ``(L) Food stamp exception for certain qualified aliens.--
     With respect to eligibility for benefits for the specified 
     Federal program described in paragraph (3)(B), paragraph (1) 
     shall not apply to any individual who has continuously 
     resided in the United States as a qualified alien for a 
     period of 5 years or more.''.

     SEC. 454. COMMODITIES FOR SCHOOL LUNCH PROGRAMS.

       (a) In General.--Section 6(e)(1)(B) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1755(e)(1)(B)) 
     is amended by striking ``2001'' and inserting ``2003''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on the date of enactment of this Act.

     SEC. 455. ELIGIBILITY FOR FREE AND REDUCED PRICE MEALS.

       (a) In General.--Section 9(b) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1758(b)) is amended by 
     adding at the end the following:
       ``(7) Exclusion of certain military housing allowances.--
     For each of fiscal years 2002 and 2003, the amount of a basic 
     allowance provided under section 403 of title 37, United 
     States Code, on behalf of a member of a uniformed service for 
     housing that is acquired or constructed under subchapter IV 
     of chapter 169 of title 10, United States Code, or any 
     related provision of law, shall not be considered to be 
     income for the purpose of determining the eligibility of a 
     child who is a member of the household of the member of a 
     uniformed service for free or reduced price lunches under 
     this Act.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on the date of enactment of this Act.

     SEC. 456. SENIORS FARMERS' MARKET NUTRITION PROGRAM.

       (a) Establishment.--The Secretary of Agriculture shall 
     carry out and expand a seniors farmers' market nutrition 
     program.
       (b) Program Purposes.--The purposes of the seniors farmers' 
     market nutrition program are--
       (1) 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;
       (2) to increase domestic consumption of agricultural 
     commodities by expanding or assisting in the expansion of 
     domestic farmers' markets, roadside stands, and community-
     supported agriculture programs; and
       (3) to develop or aid in the development of new farmers' 
     markets, roadside stands, and community-supported agriculture 
     programs.
       (c) Regulations.--The Secretary of Agriculture may 
     promulgate such regulations as the Secretary considers 
     necessary to carry out the seniors farmers' market nutrition 
     program under this section.
       (d) Funding.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, 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 of 
     Agriculture to carry out this section $15,000,000.
       (2) Receipt and acceptance.--The Secretary of Agriculture 
     shall be entitled to receive, shall accept, and shall use to 
     carry out this section the funds transferred under paragraph 
     (1), without further appropriation.

     SEC. 457. ELIGIBILITY FOR ASSISTANCE UNDER THE SPECIAL 
                   SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, 
                   INFANTS, AND CHILDREN.

       (a) In General.--Section 17(d)(2)(B)(i) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(i)) is 
     amended--
       (1) by striking ``basic allowance for housing'' and 
     inserting the following: ``basic allowance--

       ``(I) for housing'';

       (2) by striking ``and'' at the end and inserting ``or''; 
     and
       (3) by adding at the end the following:

       ``(II) provided under section 403 of title 37, United 
     States Code, for housing that is acquired or constructed 
     under subchapter IV of chapter 169 of title 10, United States 
     Code, or any related provision of law; and''.

       (b) Effective Date.--The amendments made by this section 
     take effect on the date of enactment of this Act.

     SEC. 458. CONGRESSIONAL HUNGER FELLOWS PROGRAM.

       (a) Short Title.--This section may be cited as the 
     ``Congressional Hunger Fellows Act of 2001''.
       (b) Findings.--Congress finds that--
       (1) there are--
       (A) a critical need for compassionate individuals who are 
     committed to assisting people who suffer from hunger; and
       (B) a need for those individuals to initiate and administer 
     solutions to the hunger problem;
       (2) Bill Emerson, the distinguished late Representative 
     from the 8th District of Missouri, demonstrated--
       (A) his commitment to solving the problem of hunger in a 
     bipartisan manner;
       (B) his commitment to public service; and
       (C) his great affection for the institution and the ideals 
     of Congress;
       (3) George T. (Mickey) Leland, the distinguished late 
     Representative from the 18th District of Texas, 
     demonstrated--
       (A) his compassion for individuals in need;
       (B) his high regard for public service; and
       (C) his lively exercise of political talents;
       (4) the special concern that Mr. Emerson and Mr. Leland 
     demonstrated during their lives for the hungry and poor was 
     an inspiration for others to work toward the goals of 
     equality and justice for all; and
       (5) since those 2 outstanding leaders maintained a special 
     bond of friendship regardless of political affiliation and 
     worked together to encourage future leaders to recognize and 
     provide service to others, it is especially appropriate to 
     honor the memory of Mr. Emerson and Mr. Leland by 
     establishing a fellowship program to develop and train the 
     future leaders of the United States to pursue careers in 
     humanitarian service.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Agriculture and the Committee on 
     International Relations of the House of Representatives; and
       (B) the Committee on Agriculture, Nutrition, and Forestry 
     and the Committee on Foreign Relations of the Senate.
       (2) Board.--The term ``Board'' means the Board of Trustees 
     of the Program.
       (3) Fund.--The term ``Fund'' means the Congressional Hunger 
     Fellows Trust Fund established by subsection (g).
       (4) Program.--The term ``Program'' means the Congressional 
     Hunger Fellows Program established by subsection (d).
       (d) Establishment.--There is established as an independent 
     entity of the legislative branch of the United States 
     Government an entity to be known as the ``Congressional 
     Hunger Fellows Program''.
       (e) Board of Trustees.--
       (1) In general.--The Program shall be subject to the 
     supervision and direction of a Board of Trustees.
       (2) Members of the board.--
       (A) Appointment.--
       (i) In general.--The Board shall be composed of 6 voting 
     members appointed under clause (ii) and 1 nonvoting ex-
     officio member designated by clause (iii).
       (ii) Voting members.--The voting members of the Board shall 
     be the following:

       (I) 2 members appointed by the Speaker of the House of 
     Representatives.
       (II) 1 member appointed by the minority leader of the House 
     of Representatives.
       (III) 2 members appointed by the majority leader of the 
     Senate.
       (IV) 1 member appointed by the minority leader of the 
     Senate.

       (iii) Nonvoting member.--The Executive Director of the 
     Program shall serve as a nonvoting ex-officio member of the 
     Board.
       (B) Terms.--
       (i) In general.--Each member of the Board shall serve for a 
     term of 4 years.
       (ii) Incomplete term.--If a member of the Board does not 
     serve the full term of the member, the individual appointed 
     to fill the

[[Page 26024]]

     resulting vacancy shall be appointed for the remainder of the 
     term of the predecessor of the individual.
       (C) Vacancy.--A vacancy on the Board--
       (i) shall not affect the powers of the Board; and
       (ii) shall be filled in the same manner as the original 
     appointment was made.
       (D) Chairperson.--As the first order of business of the 
     first meeting of the Board, the members shall elect a 
     Chairperson.
       (E) Compensation.--
       (i) In general.--Subject to clause (ii), a member of the 
     Board shall not receive compensation for service on the 
     Board.
       (ii) Travel.--A member of the Board 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 Board.
       (3) Duties.--
       (A) Bylaws.--
       (i) Establishment.--The Board shall establish such bylaws 
     and other regulations as are appropriate to enable the Board 
     to carry out this section, including the duties described in 
     this paragraph.
       (ii) Contents.--Bylaws and other regulations established 
     under clause (i) shall include provisions--

       (I) for appropriate fiscal control, accountability for 
     funds, and operating principles;
       (II) to prevent any conflict of interest, or the appearance 
     of any conflict of interest, in--

       (aa) the procurement and employment actions taken by the 
     Board or by any officer or employee of the Board; and
       (bb) the selection and placement of individuals in the 
     fellowships developed under the Program;

       (III) for the resolution of a tie vote of the members of 
     the Board; and
       (IV) for authorization of travel for members of the Board.

       (iii) Submission to congress.--Not later than 90 days after 
     the date of the first meeting of the Board, the Chairperson 
     of the Board shall submit to the appropriate congressional 
     committees a copy of the bylaws established by the Board.
       (B) Budget.--For each fiscal year in which the Program is 
     in operation--
       (i) the Board shall determine a budget for the Program for 
     the fiscal year; and
       (ii) all spending by the Program shall be in accordance 
     with the budget unless a change is approved by the Board.
       (C) Process for selection and placement of fellows.--The 
     Board shall review and approve the process established by the 
     Executive Director for the selection and placement of 
     individuals in the fellowships developed under the Program.
       (D) Allocation of funds to fellowships.--The Board shall 
     determine--
       (i) the priority of the programs to be carried out under 
     this section; and
       (ii) the amount of funds to be allocated for the 
     fellowships established under subsection (f)(3)(A).
       (f) Purposes; Authority of Program.--
       (1) Purposes.--The purposes of the Program are--
       (A) to encourage future leaders of the United States to 
     pursue careers in humanitarian service;
       (B) to recognize the needs of people who are hungry and 
     poor;
       (C) to provide assistance and compassion for people in 
     need;
       (D) to increase awareness of the importance of public 
     service; and
       (E) to provide training and development opportunities for 
     the leaders through placement in programs operated by 
     appropriate entities.
       (2) Authority.--The Program may develop fellowships to 
     carry out the purposes of the Program, including the 
     fellowships described in paragraph (3).
       (3) Fellowships.--
       (A) In general.--The Program shall establish and carry out 
     the Bill Emerson Hunger Fellowship and the Mickey Leland 
     Hunger Fellowship.
       (B) Curriculum.--
       (i) In general.--The fellowships established under 
     subparagraph (A) shall provide experience and training to 
     develop the skills and understanding necessary to improve the 
     humanitarian conditions and the lives of individuals who 
     suffer from hunger, including--

       (I) training in direct service to the hungry in conjunction 
     with community-based organizations through a program of field 
     placement; and
       (II) experience in policy development through placement in 
     a governmental entity or nonprofit organization.

       (ii) Focus.--

       (I) Bill emerson hunger fellowship.--The Bill Emerson 
     Hunger Fellowship shall address hunger and other humanitarian 
     needs in the United States.
       (II) Mickey leland hunger fellowship.--The Mickey Leland 
     Hunger Fellowship shall address international hunger and 
     other humanitarian needs.

       (iii) Work plan.--To carry out clause (i) and to assist in 
     the evaluation of the fellowships under paragraph (4), the 
     Program shall, for each fellow, approve a work plan that 
     identifies the target objectives for the fellow in the 
     fellowship, including the specific duties and 
     responsibilities relating to the objectives.
       (C) Period of fellowship.--
       (i) Emerson fellowship.--A Bill Emerson Hunger Fellowship 
     awarded under this paragraph shall be for a period of not 
     more than 1 year.
       (ii) Leland fellowship.--A Mickey Leland Hunger Fellowship 
     awarded under this paragraph shall be for a period of not 
     more than 2 years, of which not less than 1 year shall be 
     dedicated to fulfilling the requirement of subparagraph 
     (B)(i)(I).
       (D) Selection of fellows.--
       (i) In general.--A fellowship shall be awarded through a 
     nationwide competition established by the Program.
       (ii) Qualification.--A successful applicant shall be an 
     individual who has demonstrated--

       (I) an intent to pursue a career in humanitarian service 
     and outstanding potential for such a career;
       (II) leadership potential or leadership experience;
       (III) diverse life experience;
       (IV) proficient writing and speaking skills;
       (V) an ability to live in poor or diverse communities; and
       (VI) such other attributes as the Board determines to be 
     appropriate.

       (iii) Amount of award.--

       (I) In general.--Each individual awarded a fellowship under 
     this paragraph shall receive a living allowance and, subject 
     to subclause (II), an end-of-service award as determined by 
     the Program.
       (II) Requirement for successful completion of fellowship.--
     Each individual awarded a fellowship under this paragraph 
     shall be entitled to receive an end-of-service award at an 
     appropriate rate for each month of satisfactory service as 
     determined by the Executive Director.

       (iv) Recognition of fellowship award.--

       (I) Emerson fellow.--An individual awarded a Bill Emerson 
     Hunger Fellowship shall be known as an ``Emerson Fellow''.
       (II) Leland fellow.--An individual awarded a Mickey Leland 
     Hunger Fellowship shall be known as a ``Leland Fellow''.

       (4) Evaluations.--
       (A) In general.--The Program shall conduct periodic 
     evaluations of the Bill Emerson and Mickey Leland Hunger 
     Fellowships.
       (B) Required elements.--Each evaluation shall include--
       (i) an assessment of the successful completion of the work 
     plan of each fellow;
       (ii) an assessment of the impact of the fellowship on the 
     fellows;
       (iii) an assessment of the accomplishment of the purposes 
     of the Program; and
       (iv) an assessment of the impact of each fellow on the 
     community.
       (g) Trust Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Congressional 
     Hunger Fellows Trust Fund'', consisting of--
       (A) amounts appropriated to the Fund under subsection (k);
       (B) any amounts earned on investment of amounts in the Fund 
     under paragraph (2); and
       (C) amounts received under subsection (i)(3)(A).
       (2) Investment of amounts.--
       (A) In general.--
       (i) Authority to invest.--The Secretary of the Treasury 
     shall invest such portion of the Fund as is not, in the 
     judgment of the Secretary of the Treasury, required to meet 
     current withdrawals.
       (ii) Types of investments.--Each investment may be made 
     only in an interest-bearing obligation of the United States 
     or an obligation guaranteed as to principal and interest by 
     the United States that, as determined by the Secretary of the 
     Treasury in consultation with the Board, has a maturity 
     suitable for the Fund.
       (B) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       (i) on original issue at the issue price; or
       (ii) by purchase of outstanding obligations at the market 
     price.
       (C) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (D) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (3) Transfers of amounts.--
       (A) In general.--The amounts required to be transferred to 
     the Fund under this subsection shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (B) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (h) Expenditures; Audits.--
       (1) In general.--The Secretary of the Treasury shall 
     transfer to the Program from the amounts described in 
     subsections (g)(2)(D) and (i)(3)(A) such sums as the Board

[[Page 26025]]

     determines to be necessary to enable the Program to carry out 
     this section.
       (2) Limitation.--The Secretary may not transfer to the 
     Program the amounts appropriated to the Fund under subsection 
     (k).
       (3) Use of funds.--Funds transferred to the Program under 
     paragraph (1) shall be used--
       (A) to provide a living allowance for the fellows;
       (B) to defray the costs of transportation of the fellows to 
     the fellowship placement sites;
       (C) to defray the costs of appropriate insurance of the 
     fellows, the Program, and the Board;
       (D) to defray the costs of preservice and midservice 
     education and training of fellows;
       (E) to pay staff described in subsection (i);
       (F) to make end-of-service awards under subsection 
     (f)(3)(D)(iii)(II); and
       (G) for such other purposes as the Board determines to be 
     appropriate to carry out the Program.
       (4) Audit by comptroller general.--
       (A) In general.--The Comptroller General of the United 
     States shall conduct an annual audit of the accounts of the 
     Program.
       (B) Books.--The Program shall make available to the 
     Comptroller General all books, accounts, financial records, 
     reports, files, and other papers, things, or property 
     belonging to or in use by the Program and necessary to 
     facilitate the audit.
       (C) Report to congress.--The Comptroller General shall 
     submit to the appropriate congressional committees a copy of 
     the results of each audit under subparagraph (A).
       (i) Staff; Powers of Program.--
       (1) Executive director.--
       (A) In general.--The Board shall appoint an Executive 
     Director of the Program who shall--
       (i) administer the Program; and
       (ii) carry out such other functions consistent with this 
     section as the Board shall prescribe.
       (B) Restriction.--The Executive Director may not serve as 
     Chairperson of the Board.
       (C) Compensation.--The Executive Director shall be paid at 
     a rate not to exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (2) Staff.--
       (A) In general.--With the approval of a majority of the 
     Board, the Executive Director may appoint and fix the pay of 
     such additional personnel as the Executive Director considers 
     necessary to carry out this section.
       (B) Compensation.--An individual appointed under 
     subparagraph (A) shall be paid at a rate not to exceed the 
     rate payable for level GS-15 of the General Schedule.
       (3) Powers.--
       (A) Gifts.--
       (i) In general.--The Program may solicit, accept, use, and 
     dispose of gifts, bequests, or devises of services or 
     property, both real and personal, for the purpose of aiding 
     or facilitating the work of the Program.
       (ii) Use of gifts.--Gifts, bequests, or devises of money 
     and proceeds from sales of other property received as gifts, 
     bequests, or devises shall--

       (I) be deposited in the Fund; and
       (II) be available for disbursement on order of the Board.

       (B) Procurement of temporary and intermittent services.--To 
     carry out this section, the Program may procure temporary and 
     intermittent services in accordance with section 3109(b) of 
     title 5, United States Code, at rates for individuals that do 
     not exceed the daily equivalent of the annual rate of basic 
     pay payable for level GS-15 of the General Schedule.
       (C) Contract authority.--To carry out this section, the 
     Program may, with the approval of a majority of the members 
     of the Board, contract with and compensate Government and 
     private agencies or persons without regard to section 3709 of 
     the Revised Statutes (41 U.S.C. 5).
       (D) Other necessary expenditures.--
       (i) In general.--Subject to clause (ii), the Program may 
     make such other expenditures as the Program considers 
     necessary to carry out this section.
       (ii) Prohibition.--The Program may not expend funds to 
     develop new or expanded projects at which fellows may be 
     placed.
       (j) Report.--Not later than December 31 of each year, the 
     Board shall submit to the appropriate congressional 
     committees a report on the activities of the Program carried 
     out during the preceding fiscal year that includes--
       (1) an analysis of the evaluations conducted under 
     subsection (f)(4) during the fiscal year; and
       (2) a statement of--
       (A) the total amount of funds attributable to gifts 
     received by the Program in the fiscal year under subsection 
     (i)(3)(A); and
       (B) the total amount of funds described in subparagraph (A) 
     that were expended to carry out the Program in the fiscal 
     year.
       (k) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $18,000,000.
       (l) Effective Date.--This section takes effect on October 
     1, 2002.

     SEC. 459. EFFECTIVE DATE.

       Except as otherwise provided in this title, the amendments 
     made by this title (other than subtitle C) take effect on 
     July 1, 2002, except that a State agency may, at the option 
     of the State agency, elect not to implement the amendments 
     until October 1, 2002.

                    Subtitle C--Commodity Progrrams

     SEC. 471. INCOME PROTECTION PRICES FOR COUNTER-CYCLICAL 
                   PAYMENTS.

       Section 114(c) of the Federal Agriculture Improvement and 
     Reform Act of 1996 (as amended by section 111) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Income protection prices.--The income protection 
     prices for contract commodities under paragraph (1)(A) are as 
     follows:
       ``(A) Wheat, $3.39 per bushel.
       ``(B) Corn, $2.31 per bushel.
       ``(C) Grain sorghum, $2.31 per bushel.
       ``(D) Barley, $2.16 per bushel.
       ``(E) Oats, $1.52 per bushel.
       ``(F) Upland cotton, $0.669 per pound.
       ``(G) Rice, $9.16 per hundredweight.
       ``(H) Soybeans, $5.65 per bushel.
       ``(I) Oilseeds (other than soybeans), $0.103 per pound.''.

     SEC. 472. LOAN RATES FOR MARKETING ASSISTANCE LOANS.

       (a) In General.--Section 132 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (as amended by section 
     123(a)) is amended to read as follows:

     ``SEC. 132. LOAN RATES.

       ``The loan rate for a marketing assistance loan under 
     section 131 for a loan commodity shall be--
       ``(1) in the case of wheat, $2.94 per bushel;
       ``(2) in the case of corn, $2.04 per bushel;
       ``(3) in the case of grain sorghum, $2.04 per bushel;
       ``(4) in the case of barley, $1.96 per bushel;
       ``(5) in the case of oats, $1.47 per bushel;
       ``(6) in the case of upland cotton, $0.539 per pound;
       ``(7) in the case of extra long staple cotton, $0.7965 per 
     pound;
       ``(8) in the case of rice, $6.71 per hundredweight;
       ``(9) in the case of soybeans, $5.10 per bushel;
       ``(10) in the case of oilseeds (other than soybeans), 
     $0.093 per pound;
       ``(11) in the case of graded wool, $1.00 per pound;
       ``(12) in the case of nongraded wool, $.40 per pound;
       ``(13) in the case of mohair, $2.00 per pound;
       ``(14) in the case of honey, $.60 per pound;
       ``(15) in the case of dry peas, $6.78 per hundredweight;
       ``(16) in the case of lentils, $12.79 per hundredweight;
       ``(17) in the case of large chickpeas, $17.44 per 
     hundredweight; and
       ``(18) in the case of small chickpeas, $8.10 per 
     hundredweight.''.
       (b) Adjustment of Loans.--
       (1) In general.--The amendment made by section 123(b) is 
     repealed.
       (2) Applicability.--Section 162 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7282) shall be 
     applied and administered as if the amendment made by section 
     123(b) had not been enacted.

     SEC. 473. EFFECTIVE DATE.

       This subtitle and the amendments made by this subtitle take 
     effect on the date of enactment of this Act.
                                  ____

  SA 2522. Mr. FEINGOLD (for himself, Mr. Grassley, and Mr. Harkin) 
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:

       Strike the period at the end of section 1021 and insert a 
     period and the following:

     SEC. 10__. ARBITRATION CLAUSES.

       Title IV of the Packers and Stockyards Act, 1921, is 
     amended by inserting after section 413 (7 U.S.C. 228b-4) the 
     following:

     ``SEC. 413A. ARBITRATION CLAUSES.

       ``Notwithstanding any other provision of law, in the case 
     of a contract for the sale or production of livestock or 
     poultry under this Act that is entered into or renewed after 
     the date of enactment of this section and that includes a 
     provision that requires arbitration of a dispute arising from 
     the contract, a person that seeks to resolve a dispute under 
     the contract may, notwithstanding the terms of the contract, 
     elect--
       ``(1) to arbitrate the dispute in accordance with the 
     contract; or
       ``(2) to resolve the dispute in accordance with any other 
     lawful method of dispute resolution, including mediation and 
     civil action.''.
                                  ____

  SA 2523. Ms. LANDRIEU submitted an amendment intended to be proposed 
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,

[[Page 26026]]

nutrition, and related programs, to ensure consumers abundant food and 
fiber, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike the period at the end of chapter 1 of subtitle C of 
     title I and insert a period and the following:

     SEC. 1__. STANDARD OF IDENTITY FOR MILK.

       Section 401 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 341) is amended by adding at the end the following: 
     ``Not later than 180 days after the date of enactment of this 
     sentence, the Secretary shall include in the standard of 
     identity for fluid milk a required minimum protein content 
     that is commensurate with the average protein content of 
     bovine milk produced in the United States as of that date of 
     enactment. In carrying out the preceding sentence, the 
     Secretary shall use data collected by milk market 
     administrators of the Department of Agriculture and State 
     regulatory agencies, and any appropriate industry data that 
     the Secretary determines to be necessary to establish the 
     required minimum protein content.''.
                                  ____

  SA 2524. Mr. DORGAN (for himself, Mr. Lugar, Mr. Johnson, Mr. Nelson 
of Nebraska, Mr. Torricelli, Mr. Wellstone) submitted an amendment 
intended to be proposed by him 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; which was ordered to lie on the 
table; as follows:

       Strike section 165 and insert the following:

     SEC. 165. PAYMENT LIMITATIONS; NUTRITION AND COMMODITY 
                   PROGRAMS.

       (a) Payment Limitations.--
       (1) In general.--Section 1001 of the Food Security Act of 
     1985 (7 U.S.C. 1308) is amended by striking paragraphs (1) 
     through (6) and inserting the following:
       ``(1) Limitations on direct and counter-cyclical 
     payments.--Subject to paragraph (5)(A), the total amount of 
     direct payments and counter-cyclical payments made directly 
     or indirectly to an individual or entity during any fiscal 
     year may not exceed $75,000.
       ``(2) Limitations on marketing loan gains, loan deficiency 
     payments, and commodity certificate transactions.--
       ``(A) In general.--Subject to paragraph (5)(A), the total 
     amount of the payments and benefits described in subparagraph 
     (B) that an individual or entity may directly or indirectly 
     receive during any crop year may not exceed $150,000.
       ``(B) Payments and benefits.--Subparagraph (A) shall apply 
     to the following payments and benefits:
       ``(i) Marketing loan gains.--

       ``(I) Repayment gains.--Any gain realized by a producer 
     from repaying a marketing assistance loan under section 131 
     or 158G(a) of the Federal Agriculture Improvement and Reform 
     Act of 1996 for a crop of any loan commodity or peanuts, 
     respectively, at a lower level than the original loan rate 
     established for the loan commodity or peanuts under section 
     132 or 158G(d) of that Act, respectively.
       ``(II) Forfeiture gains.--In the case of settlement of a 
     marketing assistance loan under section 131 or 158G(a) of 
     that Act for a crop of any loan commodity or peanuts, 
     respectively, by forfeiture, the amount by which the loan 
     amount exceeds the repayment amount for the loan if the loan 
     had been settled by repayment instead of forfeiture.

       ``(ii) Loan deficiency payments.--Any loan deficiency 
     payment received for a loan commodity or peanuts under 
     section 135 or 158G(e) of that Act, respectively.
       ``(iii) Commodity certificates.--Any gain realized from the 
     use of a commodity certificate issued by the Commodity Credit 
     Corporation, as determined by the Secretary, including the 
     use of a certificate for the settlement of a marketing 
     assistance loan made under section 131 or 158G(a) of that 
     Act.
       ``(3) Settlement of certain loans.--Notwithstanding 
     subtitle C and section 158G of the Federal Agriculture 
     Improvement and Reform Act of 1996, if the amount of payments 
     and benefits described in paragraph (2)(B) attributed 
     directly or indirectly to an individual or entity for a crop 
     year reaches the limitation described in paragraph (2)(A), 
     the portion of any unsettled marketing assistance loan made 
     under section 131 or 158G(a) of that Act attributed directly 
     or indirectly to the individual or entity shall be settled 
     through the repayment of the total loan principal, plus 
     applicable interest.
       ``(4) Definitions.--In this section and sections 1001A 
     through 1001F:
       ``(A) Counter-cyclical payment.--The term `counter-cyclical 
     payment'' means a payment made under section 114 or 158D of 
     the Federal Agriculture Improvement and Reform Act of 1996.
       ``(B) Direct payment.--The term `direct payment' means a 
     payment made under section 113 or 158C of that Act.
       ``(C) Loan commodity.--The term `loan commodity' has the 
     meaning given the term in section 102 of that Act.
       ``(D) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.
       ``(5) Application of limitation.--
       ``(A) Married couples.--The total amount of payments and 
     benefits described paragraphs (1) and (2) that a married 
     couple may receive directly or indirectly may not exceed 
     $275,000 during the fiscal or crop year (as appropriate).
       ``(B) Tenant rule.--
       ``(i) In general.--Any individual or entity that conducts a 
     farming operation to produce a crop subject to the 
     limitations established under this section as a tenant shall 
     be ineligible to receive any payment or benefit described in 
     paragraph (1) or (2), or subtitle D of title XII, with 
     respect to the land unless the individual or entity makes a 
     contribution of active personal labor to the operation that 
     is at least equal to the lesser of--

       ``(I) 1000 hours; or
       ``(II) 40 percent of the minimum number of labor hours 
     required to produce each commodity by the operation (as 
     described in clause (ii)).

       ``(ii) Minimum number of labor hours.--For the purpose of 
     clause (i)(II), the minimum number of labor hours required to 
     produce each commodity shall be equal to the number of hours 
     that would be necessary to conduct a farming operation for 
     the production of each commodity that is comparable in size 
     to an individual or entity's commensurate share in the 
     farming operation for the production of the commodity, based 
     on the minimum number of hours per acre required to produce 
     the commodity in the State where the farming operation is 
     located, as determined by the Secretary.
       ``(6) Public schools.--The provisions of this section that 
     limit payments to any individual or entity shall not be 
     applicable to land owned by a public school district or land 
     owned by a State that is used to maintain a public school.''.
       (2) Substantive change.--Section 1001A(a) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-1(a)) is amended--
       (A) in the section heading, by striking ``PREVENTION OF 
     CREATION OF ENTITIES TO QUALITY AS SEPARATE PERSONS;'' AND 
     INSERTING ``SUBSTANTIVE CHANGE;'';
       (B) by striking ``(a) Prevention'' and all that follows 
     through the end of paragraph (2) and inserting the following:
       ``(a) Substantive change.--
       ``(1) In general.--The Secretary may not approve (for 
     purposes of the application of the limitations under this 
     section) any change in a farming operation that otherwise 
     will increase the number of individuals or entities to which 
     the limitations under this section are applied unless the 
     Secretary determines that the change is bona fide and 
     substantive.
       ``(2) Family members.--For the purpose of paragraph (1), 
     the addition of a family member to a farming operation under 
     the criteria established under subsection (b)(1)(B) shall be 
     considered a bona fide and substantive change in the farming 
     operation.'';
       (C) in the first sentence of paragraph (3)--
       (i) by striking ``as a separate person''; and
       (ii) by inserting ``, as determined by the Secretary'' 
     before the period at the end; and
       (D) by striking paragraph (4).
       (3) Actively engaged in farming.--Section 1001A(b) of the 
     Food Security Act of 1985 (7 U.S.C. 1308-1(b)) is amended--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--To be eligible to receive, directly or 
     indirectly, payments (as described in paragraphs (1) and (2) 
     of section 1001 as being subject to limitation) with respect 
     to a particular farming operation an individual or entity 
     shall be actively engaged in farming with respect to the 
     operation, as provided under paragraphs (2), (3), and (4).'';
       (B) in paragraph (2), by adding at the end the following:
       ``(E) Active personal management.--For an individual to be 
     considered to be providing active personal management under 
     this paragraph on behalf of the individual or a corporation 
     or entity, the management provided by the individual shall be 
     personally provided on a regular, substantial, and continuous 
     basis through the direction supervision and direction of--
       ``(i) activities and labor involved in the farming 
     operation; and
       ``(ii) on-site services that are directly related and 
     necessary to the farming operation.'';
       (C) in paragraph (3)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Landowners.--An individual or entity that is a 
     landowner contributing the owned land to the farming 
     operation and that meets the standard provided in clauses 
     (ii) and (iii) of paragraph (2)(A), if the landowner--
       ``(i) share rents the land; or
       ``(ii) makes a significant contribution of active personal 
     management.''; and
       (ii) in subparagraph (B), by striking ``persons'' and 
     inserting ``individuals and entities''; and
       (D) in paragraph (4)--

[[Page 26027]]

       (i) in the paragraph heading, by striking ``Persons'' and 
     inserting ``Individuals and entities'';
       (ii) in the matter preceding subparagraph (A), by striking 
     ``persons'' and inserting ``individuals and entities''; and
       (iii) in subparagraph (B)--

       (I) in the subparagraph heading, by striking ``persons'' 
     and inserting ``individuals and entities''; and
       (II) by striking ``person, or class of persons'' and 
     inserting ``individual or entity, or class of individuals or 
     entities'';

       (E) by striking paragraph (5);
       (F) in paragraph (6), by striking ``a person'' and 
     inserting ``an individual or entity''; and
       (G) by redesignating paragraph (6) as paragraph (5).
       (4) Administration.--Section 1001A of the Food Security Act 
     of 1985 (7 U.S.C. 1308-1) is amended by adding at the end the 
     following:
       ``(c) Administration.--
       ``(1) Reviews.--
       ``(A) In general.--During each of fiscal years 2002 through 
     2006, the Office of Inspector General for the Department of 
     Agriculture shall conduct a review of the administration of 
     the requirements of this section and sections 1001, 1001B, 
     1001C, and 1001E in at least 6 States.
       ``(B) Minimum number of counties.--Each State review 
     described in subparagraph (A) shall cover at least 5 counties 
     in the State.
       ``(C) Report.--Not later than 90 days after completing a 
     review described in subparagraph (A), the Inspector General 
     for the Department of Agriculture shall issue a final report 
     to the Secretary of the findings of the Inspector General.
       ``(2) Effect of report.--If a report issued under paragraph 
     (1) reveals that significant problems exist in the 
     implementation of payment limitation requirements of this 
     section and sections 1001, 1001B, 1001C, and 1001E in a State 
     and the Secretary agrees that the problems exist, the 
     Secretary--
       ``(A) shall initiate a training program regarding the 
     payment limitation requirements; and
       ``(B) may require that all payment limitation 
     determinations regarding farming operations in the State be 
     issued from the headquarters of the Farm Service Agency.''.
       (5) Scheme or device.--Section 1001B of the Food Security 
     Act of 1985 (7 U.S.C. 1308-2) is amended by striking 
     ``person'' each place it appears and inserting ``individual 
     or entity''.
       (6) Foreign individuals and entities.--Section 1001C(b) of 
     the Food Security Act of 1985 (7 U.S.C. 1308-3(b)) is amended 
     in the first sentence by striking ``considered a person that 
     is''.
       (7) Education program.--Section 1001D(c) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-4(c)) is amended by 
     striking ``5 persons'' and inserting ``5 individuals or 
     entities''.
       (8) Report to congress.--No later than 180 days after the 
     date of enactment of this Act, the Secretary of Agriculture 
     shall provide a report to and to the Committee on Agriculture 
     of the House of Representatives and the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate that 
     describes--
       (A) how State and county office employees are trained 
     regarding the payment limitation requirements of section 1001 
     through 1001E of the Food Security Act of 1985 (7 U.S.C. 1308 
     through 1308-5);
       (B) the general procedures used by State and county office 
     employees to identify potential violations of the payment 
     limitation requirements;
       (C) the requirements for State and county office employees 
     to report serious violations of the payment limitation 
     requirements, including violations of section 1001B of that 
     Act to the county committee, higher level officials of the 
     Farm Service Agency, and to the Office of Inspector General; 
     and
       (D) the sanctions imposed against State and county office 
     employees who fail to report or investigate potential 
     violations of the payment limitation requirements.
       (b) Net Income Limitation.--The Food Security Act of 1985 
     is amended by inserting after section 1001E (7 U.S.C. 1308-5) 
     the following:

     ``SEC. 1001F. NET INCOME LIMITATION.

       ``Notwithstanding any other provision of title I of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7201 et seq.), an owner or producer shall not be 
     eligible for a payment or benefit described in paragraphs (1) 
     or (2) of section 1001 for a fiscal or crop year (as 
     appropriate) if the average adjusted gross income (as defined 
     in section 62 of the Internal Revenue Code of 1986) of the 
     owner or producer for each of the preceding 3 taxable years 
     exceeds $2,500,000.''.
       (c) Food Stamp Program.--
       (1) Increase in benefits to households with children.--
     Section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) 
     is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Standard deduction.--
       ``(A) In general.--Subject to the other provisions of this 
     paragraph, the Secretary shall allow for each household a 
     standard deduction that is equal to the greater of--
       ``(i) the applicable percentage specified in subparagraph 
     (D) of the applicable income standard of eligibility 
     established under subsection (c)(1); or
       ``(ii) the minimum deduction specified in subparagraph (E).
       ``(B) Guam.--The Secretary shall allow for each household 
     in Guam a standard deduction that is--
       ``(i) equal to the applicable percentage specified in 
     subparagraph (D) of twice the income standard of eligibility 
     established under subsection (c)(1) for the 48 contiguous 
     States and the District of Columbia; but
       ``(ii) not less than the minimum deduction for Guam 
     specified in subparagraph (E).
       ``(C) Households of 6 or more members.--The income standard 
     of eligibility established under subsection (c)(1) for a 
     household of 6 members shall be used to calculate the 
     standard deduction for each household of 6 or more members.
       ``(D) Applicable percentage.--For the purpose of 
     subparagraph (A), the applicable percentage shall be--
       ``(i) 8 percent for each of fiscal years 2002 through 2004;
       ``(ii) 8.25 percent for each of fiscal years 2005 and 2006;
       ``(iii) 8.5 percent for each of fiscal years 2007 and 2008;
       ``(iv) 8.75 percent for fiscal year 2009; and
       ``(v) 9 percent for each of fiscal years 2010 and 2011.
       ``(E) Minimum deduction.--The minimum deduction shall be 
     $134, $229, $189, $269, and $118 for the 48 contiguous States 
     and the District of Columbia, Alaska, Hawaii, Guam, and the 
     Virgin Islands of the United States, respectively.''.
       (2) 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''.
       (3) Federal reimbursement.--Section 16(h)(3) of the Food 
     Stamp Act of 1977 (7 U.S.C. 2025(h)(3)) is amended by 
     striking ``such total amount shall not exceed an amount 
     representing $25 per participant per month for costs of 
     transportation and other actual costs (other than dependent 
     care costs) and'' and inserting ``the amount of the 
     reimbursement for dependent care expenses shall not exceed''.
       (4) Effectiveness of certain provisions.--Section 413 and 
     subsections (c) and (d) of section 433, and the amendments 
     made by section 413 and subsections (c) and (d) of section 
     433, shall have no effect.
       (d) Loan Deficiency Payments.--
       (1) Eligibility.--Section 135 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7235) (as 
     amended by section 126(1)) is amended by striking subsection 
     (a) and inserting the following:
       ``(a) In General.--The Secretary may make loan deficiency 
     payments available to--
       ``(1) producers on a farm that, although eligible to obtain 
     a marketing assistance loan under section 131 with respect to 
     a loan commodity, agree to forgo obtaining the loan for the 
     covered commodity in return for payments under this section; 
     and
       ``(2) effective only for the 2000 and 2001 crop years, 
     producers that, although not eligible to obtain such a 
     marketing assistance loan under section 131, produce a loan 
     commodity.''.
       (2) Beneficial interest.--Section 135(e)(1) of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7235(e)) (as amended by section 126(2)) is amended by 
     striking ``A producer'' and inserting ``Effective for the 
     2001 through 2006 crops, a producer''.
       (e) Cost of Production Insurance.--
       (1) In general.--Section 523 of the Federal Crop Insurance 
     Act (7 U.S.C.1523) by adding at the end the following:
       ``(e) Cost of Production Insurance Program.--
       ``(1) Pilot program.--
       ``(A) In general.--During each of the 2003 through 2006 
     reinsurance years, the Corporation shall carry out a pilot 
     program throughout the United States under which cost of 
     production crop insurance is made available to producers of 
     agricultural commodities.
       ``(B) Priority.--Subject to subparagraph (C), in carrying 
     out subparagraph (A), the Corporation shall offer coverage on 
     at least--
       ``(i) for the 2003 reinsurance year, 20 agricultural 
     commodities;
       ``(ii) for the 2004 and 2005 reinsurance years, in addition 
     to the agricultural commodities described in clause (i), 
     apples, asparagus, blueberries (wild and domestic), cabbage, 
     canola, carrots, cherries, Christmas trees, citrus, 
     cucumbers, dry beans, eggplant, floriculture, grapes, 
     greenhouse and nursery agricultural commodities, green peas, 
     green peppers, hay, lettuce, maple, mushrooms, pears, 
     potatoes, pumpkins, snap beans, spinach, squash, 
     strawberries, sugar beets, and tomatoes; and
       ``(iii) for the 2006 reinsurance year, in addition to the 
     agricultural commodities described in clauses (i) and (ii), 
     10 additional commodities, as determined by the Corporation.
       ``(C) Acreage limitation.--For each of the 2003 through 
     2006 reinsurance years, the Corporation may not extend 
     coverage under this paragraph in excess of 40 percent of the 
     acreage planted to any agricultural commodity included under 
     the pilot program.
       ``(2) Permanent program.--For the 2007 and subsequent 
     reinsurance years, the Corporation shall convert the cost of 
     production

[[Page 26028]]

     insurance program into a permanent program unless the 
     Corporation determines that--
       ``(A) the program could not be conducted on an actuarially 
     sound basis; or
       ``(B) the expansion of the coverage would cause increased 
     risk for fraud, waste, or abuse of the program.''.
       (2) Additional payment of premium.--Section 508(e) of the 
     Federal Crop Insurance Act (7 U.S.C. 1508(e)) is amended by 
     adding at the end the following:
       ``(6) Bonus payment.--
       ``(A) In general.--Subject to subparagraph (C), in addition 
     to any other payment authorized under this subsection, the 
     Corporation shall pay an additional part of the premium for 
     crop insurance policies described in subsection (a) as 
     determined by this Corporation for producers that--
       ``(i) are small or moderate in size;
       ``(ii) adopt innovative risk management strategies and 
     increase the level of coverage;
       ``(iii) are producers of a specialty crop and increase the 
     level of coverage; or
       ``(iv) are located in an underserved area.
       ``(B) Amount per policy.--A payment under this paragraph 
     shall not exceed $850 per crop insurance policy.
       ``(C) Funding limitation.--The amount of funds of the 
     Corporation that may be used to carry out this paragraph may 
     not exceed--
       ``(i) $45,000,000 for fiscal year 2003;
       ``(ii) $50,000,000 for fiscal year 2004; and
       ``(iii) $61,000,000 for fiscal year 2005 and each 
     subsequent fiscal year.
       ``(D) Reserve.--
       ``(i) In general.--Subject to clause (ii), of the funds 
     made available to carry out this paragraph, the Corporation 
     shall reserve for payments to producers that obtain cost of 
     production policies described in section 523(e)--

       ``(I) $10,400,000 for fiscal year 2003;
       ``(II) $36,000,000 for fiscal year 2004; and
       ``(III) $50,000,000 for fiscal year 2005.

       ``(ii) Unused funds.--Any funds made reserved under clause 
     (i) that are not obligated by June 1 of the fiscal year shall 
     be used to provide payments to producers that obtain any type 
     of crop insurance made available under this Act.''.
       (3) Research and development funding.--Section 522(e) of 
     the Federal Crop Insurance Act (7 U.S.C. 1522(e)) by striking 
     paragraph (1) and inserting the following:
       ``(1) Reimbursements.--Of the amounts made available from 
     the insurance fund established under section 516(c), the 
     Corporation may use to provide reimbursements under 
     subsection (b) not more than--
       ``(A) $32,000,000 for fiscal year 2002;
       ``(B) $22,500,000 for each of fiscal years 2003 and 2004;
       ``(C) $25,000,000 for fiscal year 2005; and
       ``(D) $15,000,000 for fiscal year 2006 and each subsequent 
     fiscal year.''.
       (4) Education and information funding.--Section 524(a)(4) 
     of the Federal Crop Insurance Act (7 U.S.C. 1524(a)(4)) is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) for the education and information program established 
     under paragraph (2)--
       ``(i) $10,000,000 for each of fiscal years 2002 through 
     2005; and
       ``(ii) $5,000,000 for fiscal year 2006 and each subsequent 
     fiscal year; and''.
       (5) Reports.--
       (A) Plan.--Not later than September 30, 2002, 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 
     that contains an implementation plan for this subsection and 
     the amendments made by this subsection.
       (B) Implementation.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary of Agriculture shall 
     submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report that describes the 
     implementation of this subsection and the amendments made by 
     this subsection.
       (f) Initiative for Future Agriculture and Food Systems.--
     Section 401(b)(1) of the Agricultural Research, Extension, 
     and Education Reform Act of 1998 (7 U.S.C. 7621(b)(1)) (as 
     amended by section 401) is amended--
       (1) in subparagraph (A), by striking ``$120,000,000'' and 
     inserting ``$130,000,000''; and
       (2) in subparagraph (B), by striking ``$145,000,000'' and 
     inserting ``$225,000,000''.
                                  ____

  SA 2525. Mr. GREGG submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 123, line 2, strike the period at the end and 
     insert a period and the following:

     SEC. 162. LIMITATIONS.

       (a) Income Limitation.--Subtitle E of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7281 
     et seq.) is amended by adding at the end the following:

     ``SEC. 167. INCOME LIMITATION.

       ``Notwithstanding any other provision of this Act, an 
     individual or entity shall not receive, directly or 
     indirectly, a payment, loan, or other assistance under this 
     Act if the qualifying gross revenues (as defined in section 
     196(i)(1)) during a taxable year (as determined by the 
     Secretary) attributable, directly or indirectly, to the 
     individual or entity is in excess of $500,000.''.
       (b) Active Farmers.--Section 1001A(b)(3) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-1(b)(3)) is amended by 
     striking subparagraph (A) and inserting the following:
       ``(A) Landowners.--A person that is a landowner 
     contributing the owned land to the farming operation if the 
     landowner--
       ``(i) receives rent or income for such use of the land 
     based on the land's production or the operation's operating 
     results;
       ``(ii) meets the standard provided in clauses (ii) and 
     (iii) of paragraph (2)(A); and
       ``(iii) has owned the land for at least 3 years.''.

                    Subchapter B--Food Stamp Program

     SEC. 147. MAXIMUM EXCESS SHELTER EXPENSE DEDUCTION.

       (a) Fiscal Years 2002 Through 2004.--
       (1) In general.--Section 5(e)(7)(B) of the Food Stamp Act 
     of 1977 (7 U.S.C. 2014(e)(7)(B)) is amended--
       (A) in clause (v), by striking ``and'' at the end; and
       (B) by striking clause (vi) and inserting the following:
       ``(vi) for fiscal year 2002, $354, $566, $477, $416, and 
     $279 per month, respectively;
       ``(vii) for fiscal year 2003, $390, $602, $513, $452, and 
     $315 per month, respectively; and
       ``(viii) for fiscal year 2004, $425, $637, $548, $487, and 
     $350 per month, respectively.''.
       (2) Effective Date.--The amendments made by this subsection 
     take effect on the date of enactment of this Act.
       (b) Fiscal Year 2005 and Thereafter.--
       (1) In general.--Section 5(e)(7) of the Food Stamp Act of 
     1977 (7 U.S.C. 2014(e)(7)) is amended by striking 
     subparagraph (B).
       (2) Effective date.--The amendment made by this subsection 
     takes effect on October 1, 2004.
                                  ____

  SA 2526. Mr. GREGG submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 123, line 2, strike the period at the end and 
     insert a period and the following:

     SEC. 162. LIMITATIONS.

       (a) Income Limitation.--Subtitle E of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7281 
     et seq.) is amended by adding at the end the following:

     ``SEC. 167. INCOME LIMITATION.

       ``Notwithstanding any other provision of this Act, an 
     individual or entity shall not receive, directly or 
     indirectly, a payment, loan, or other assistance under this 
     Act if the qualifying gross revenues (as defined in section 
     196(i)(1)) during a taxable year (as determined by the 
     Secretary) attributable, directly or indirectly, to the 
     individual or entity is in excess of $2,500,000.''.
       (b) Active Farmers.--Section 1001A(b)(3) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-1(b)(3)) is amended by 
     striking subparagraph (A) and inserting the following:
       ``(A) Landowners.--A person that is a landowner 
     contributing the owned land to the farming operation if the 
     landowner--
       ``(i) receives rent or income for such use of the land 
     based on the land's production or the operation's operating 
     results;
       ``(ii) meets the standard provided in clauses (ii) and 
     (iii) of paragraph (2)(A); and
       ``(iii) has owned the land for at least 3 years.''.

                    Subchapter B--Food Stamp Program

     SEC. 147. MAXIMUM EXCESS SHELTER EXPENSE DEDUCTION.

       (a) Fiscal Years 2002 Through 2004.--
       (1) In general.--Section 5(e)(7)(B) of the Food Stamp Act 
     of 1977 (7 U.S.C. 2014(e)(7)(B)) is amended--
       (A) in clause (v), by striking ``and'' at the end; and
       (B) by striking clause (vi) and inserting the following:
       ``(vi) for fiscal year 2002, $354, $566, $477, $416, and 
     $279 per month, respectively;
       ``(vii) for fiscal year 2003, $390, $602, $513, $452, and 
     $315 per month, respectively; and
       ``(viii) for fiscal year 2004, $425, $637, $548, $487, and 
     $350 per month, respectively.''.
       (2) Effective date.--The amendments made by this subsection 
     take effect on the date of enactment of this Act.
       (b) Fiscal Year 2005 and Thereafter.--
       (1) In general.--Section 5(e)(7) of the Food Stamp Act of 
     1977 (7 U.S.C. 2014(e)(7)) is amended by striking 
     subparagraph (B).
       (2) Effective Date.--The amendment made by this subsection 
     takes effect on October 1, 2004.

[[Page 26029]]

     
                                  ____
  SA 2527. Mr. GREGG submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 123, line 2, strike the period at the end and 
     insert a period and the following:

     SEC. 162. LIMITATIONS.

       (a) Income Limitation.--Subtitle E of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7281 
     et seq.) is amended by adding at the end the following:

     ``SEC. 167. INCOME LIMITATION.

       ``Notwithstanding any other provision of this Act, an 
     individual or entity shall not receive, directly or 
     indirectly, a payment, loan, or other assistance under this 
     Act if the qualifying gross revenues (as defined in section 
     196(i)(1)) during a taxable year (as determined by the 
     Secretary) attributable, directly or indirectly, to the 
     individual or entity is in excess of $5,000,000.''.
       (b) Active Farmers.--Section 1001A(b)(3) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-1(b)(3)) is amended by 
     striking subparagraph (A) and inserting the following:
       ``(A) Landowners.--A person that is a landowner 
     contributing the owned land to the farming operation if the 
     landowner--
       ``(i) receives rent or income for such use of the land 
     based on the land's production or the operation's operating 
     results;
       ``(ii) meets the standard provided in clauses (ii) and 
     (iii) of paragraph (2)(A); and
       ``(iii) has owned the land for at least 3 years.''.

                    Subchapter B--Food Stamp Program

     SEC. 147. MAXIMUM EXCESS SHELTER EXPENSE DEDUCTION.

       (a) Fiscal Years 2002 Through 2004.--
       (1) In general.--Section 5(e)(7)(B) of the Food Stamp Act 
     of 1977 (7 U.S.C. 2014(e)(7)(B)) is amended--
       (A) in clause (v), by striking ``and'' at the end; and
       (B) by striking clause (vi) and inserting the following:
       ``(vi) for fiscal year 2002, $354, $566, $477, $416, and 
     $279 per month, respectively;
       ``(vii) for fiscal year 2003, $390, $602, $513, $452, and 
     $315 per month, respectively; and
       ``(viii) for fiscal year 2004, $425, $637, $548, $487, and 
     $350 per month, respectively.''.
       (2) Effective date.--The amendments made by this subsection 
     take effect on the date of enactment of this Act.
       (b) Fiscal Year 2005 and Thereafter.--
       (1) In general.--Section 5(e)(7) of the Food Stamp Act of 
     1977 (7 U.S.C. 2014(e)(7)) is amended by striking 
     subparagraph (B).
       (2) Effective date.--The amendment made by this subsection 
     takes effect on October 1, 2004.
                                  ____

  SA 2528. Mr. GREGG submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 123, line 2, strike the period at the end and 
     insert a period and the following:

     SEC. 162. LIMITATIONS.

       (a) Income Limitation.--Subtitle E of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7281 
     et seq.) is amended by adding at the end the following:

     ``SEC. 167. INCOME LIMITATION.

       ``Notwithstanding any other provision of this Act, an 
     individual or entity shall not receive, directly or 
     indirectly, a payment, loan, or other assistance under this 
     Act if the qualifying gross revenues (as defined in section 
     196(i)(1)) during a taxable year (as determined by the 
     Secretary) attributable, directly or indirectly, to the 
     individual or entity is in excess of $5,000,000.''.
       (b) Active Farmers.--Section 1001A(b)(3) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-1(b)(3)) is amended by 
     striking subparagraph (A) and inserting the following:
       ``(A) Landowners.--A person that is a landowner 
     contributing the owned land to the farming operation if the 
     landowner--
       ``(i) receives rent or income for such use of the land 
     based on the land's production or the operation's operating 
     results;
       ``(ii) meets the standard provided in clauses (ii) and 
     (iii) of paragraph (2)(A); and
       ``(iii) has owned the land for at least 3 years.''.

                    Subchapter B--Food Stamp Program

     SEC. 147. MAXIMUM EXCESS SHELTER EXPENSE DEDUCTION.

       (a) Fiscal Years 2002 Through 2004.--
       (1) In general.--Section 5(e)(7)(B) of the Food Stamp Act 
     of 1977 (7 U.S.C. 2014(e)(7)(B)) is amended--
       (A) in clause (v), by striking ``and'' at the end; and
       (B) by striking clause (vi) and inserting the following:
       ``(vi) for fiscal year 2002, $354, $566, $477, $416, and 
     $279 per month, respectively;
       ``(vii) for fiscal year 2003, $390, $602, $513, $452, and 
     $315 per month, respectively; and
       ``(viii) for fiscal year 2004, $425, $637, $548, $487, and 
     $350 per month, respectively.''.
       (2) Effective date.--The amendments made by this subsection 
     take effect on the date of enactment of this Act.
       (b) Fiscal Year 2005 and Thereafter.--
       (1) In general.--Section 5(e)(7) of the Food Stamp Act of 
     1977 (7 U.S.C. 2014(e)(7)) is amended by striking 
     subparagraph (B).
       (2) Effective date.--The amendment made by this subsection 
     takes effect on October 1, 2004.
                                  ____

  SA 2529. Mrs. MURRAY (for herself, Mrs. Feinstein, Mr. Craig, Ms. 
Cantwell, and Mrs. Boxer) submitted an amendment intended to be 
proposed 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; which was ordered to lie on the table; 
as follows:

       Beginning on page 342, strike line 3 and all that follows 
     373, line 8, and insert the following:
       ``(A) in addition to any funds that may be specifically 
     appropriated to implement a market access program, not more 
     than $105,000,000 for fiscal year 2002, $180,000,000 for 
     fiscal year 2003, and $200,000,000 for each of fiscal years 
     2004 through 2006, of the funds of, or an equal value of 
     commodities owned by, the Commodity Credit Corporation, 
     except that this paragraph shall not apply to section 203(h); 
     and''; and
       (4) by adding at the end the following:
       ``(2) Program Priorities.--Of funds made available under 
     paragraph (1)(A) in excess of $90,000,000 for any fiscal 
     year, priority shall be given to proposals--
       ``(A) made by eligible trade organizations that have never 
     participated in the market access program under this title; 
     or
       ``(B) for market access programs in emerging markets.''.
       (b) United States Quality Export Initiative.--
       (1) Findings.--Congress finds that--
       (A) the market access program established under section 203 
     of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) and 
     foreign market development cooperator program established 
     under title VII of that Act (7 U.S.C. 7251 et seq.) target 
     generic and value-added agricultural products, with little 
     emphasis on the high quality of United States agricultural 
     products; and
       (B) new promotional tools are needed to enable United 
     States agricultural products to compete in higher margin, 
     international markets on the basis of quality.
       (2) Initiative.--Section 203 of the Agricultural Trade Act 
     of 1978 (7 U.S.C. 5623) is amended by adding at the end the 
     following:
       ``(h) United States Quality Export Initiative.--
       ``(1) In general.--Subject to the availability of 
     appropriations, using the authorities under this section, the 
     Secretary shall establish a program under which, on a 
     competitive basis, using practical and objective criteria, 
     several agricultural products are selected to carry the `U.S. 
     Quality' seal.
       ``(2) Promotional activities.--Agricultural products 
     selected under paragraph (1) shall be promoted using the 
     `U.S. Quality' seal at trade fairs in key markets through 
     electronic and print media.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection.''.

     SEC. 323. EXPORT ENHANCEMENT PROGRAM.

       (a) In General.--Section 301(e)(1)(G) of the Agricultural 
     Trade Act of 1978 (7 U.S.C. 5651(e)(1)(G)) is amended by 
     striking ``fiscal year 2002'' and inserting ``each of fiscal 
     years 2002 through 2006''.
       (b) Unfair Trade Practices.--Section 102(5)(A) of the 
     Agricultural Trade Act of 1978 (7 U.S.C. 5602(5)(A)) is 
     amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``, including, in the case of a state trading 
     enterprise engaged in the export of an agricultural 
     commodity, pricing practices that are not consistent with 
     sound commercial practices conducted in the ordinary course 
     of trade; or''; and
       (3) by adding at the end the following:
       ``(iii) changes United States export terms of trade through 
     a deliberate change in the dollar exchange rate of a 
     competing exporter.''.

     SEC. 324. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.

       Section 703 of the Agricultural Trade Act of 1978 (7 U.S.C. 
     5723) is amended to read as follows:

[[Page 26030]]



     ``SEC. 703. FUNDING.

       ``(a) In General.--To carry out this title, the Secretary 
     shall use funds of the Commodity Credit Corporation, or 
     commodities of the Commodity Credit Corporation of a 
     comparable value, in the following amounts:
       ``(1) For fiscal year 2002, $37,500,000.
       ``(2) For fiscal year 2003, $40,000,000.
       ``(3) For fiscal year 2004 and each subsequent fiscal year, 
     $42,500,000.
       ``(b) Program Priorities.--Of funds or commodities provided 
     under subsection (a) in excess of $35,000,000 for any fiscal 
     year, priority shall be given to proposals--
       ``(1) made by eligible trade organizations that have never 
     participated in the program established under this title; or
       ``(2) for programs established under this title in emerging 
     markets.''.

     SEC. 325. FOOD FOR PROGRESS AND EDUCATION PROGRAMS.

       (a) In General.--The Agricultural Trade Act of 1978 (7 
     U.S.C. 5601 et seq.) is amended by adding at the end the 
     following:

         ``TITLE VIII--FOOD FOR PROGRESS AND EDUCATION PROGRAMS

     ``SEC. 801. DEFINITIONS.

       ``In this title:
       ``(1) Cooperative.--The term `cooperative' means a private 
     sector organization the members of which--
       ``(A) own and control the organization;
       ``(B) share in the profits of the organization; and
       ``(C) are provided services (such as business services and 
     outreach in cooperative development) by the organization.
       ``(2) Corporation.--The term `Corporation' means the 
     Commodity Credit Corporation.
       ``(3) Developing country.--The term `developing country' 
     means a foreign country that has--
       ``(A) a shortage of foreign exchange earnings; and
       ``(B) difficulty meeting all of the food needs of the 
     country through commercial channels and domestic production.
       ``(4) Eligible commodity.--The term `eligible commodity' 
     means an agricultural commodity (including vitamins and 
     minerals) acquired by the Secretary or the Corporation for 
     disposition in a program authorized under this title 
     through--
       ``(A) commercial purchases; or
       ``(B) inventories of the Corporation.
       ``(5) Eligible organization.--The term `eligible 
     organization' means a private voluntary organization, 
     cooperative, nongovernmental organization, or foreign 
     country, as determined by the Secretary.
       ``(6) Emerging agricultural country.--The term `emerging 
     agricultural country' means a foreign country that--
       ``(A) is an emerging democracy; and
       ``(B) has made a commitment to introduce or expand free 
     enterprise elements in the agricultural economy of the 
     country.
       ``(7) Food security.--The term `food security' means access 
     by all people at all times to sufficient food and nutrition 
     for a healthy and productive life.
       ``(8) Nongovernmental organization.--
       ``(A) In general.--The term `nongovernmental organization' 
     means an organization that operates on a local level to solve 
     development problems in a foreign country in which the 
     organization is located.
       ``(B) Exclusion.--The term `nongovernmental organization' 
     does not include an organization that is primarily an agency 
     or instrumentality of the government of a foreign country.
       ``(9) Private voluntary organization.--The term `private 
     voluntary organization' means a nonprofit, nongovernmental 
     organization that--
       ``(A) receives--
       ``(i) funds from private sources; and
       ``(ii) voluntary contributions of funds, staff time, or in-
     kind support from the public;
       ``(B) is engaged in or is planning to engage in 
     nonreligious voluntary, charitable, or development assistance 
     activities; and
       ``(C) in the case of an organization that is organized 
     under the laws of the United States or a State, 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.
       ``(10) Program.--The term `program' means a food or 
     nutrition assistance or development initiative proposed by an 
     eligible organization and approved by the Secretary under 
     this title.
       ``(11) Recipient country.--The term `recipient country' 
     means an emerging agricultural country that receives 
     assistance under a program.

     ``SEC. 802. FOOD FOR PROGRESS AND EDUCATION PROGRAMS.

       ``(a) In General.--To provide agricultural commodities to 
     support the introduction or expansion of free trade 
     enterprises in national economies in recipient countries, and 
     to provide food or nutrition assistance in recipient 
     countries, the Secretary shall establish food for progress 
     and education programs under which the Secretary may enter 
     into agreements (including multiyear agreements and for 
     programs in more than 1 country) with--
       ``(1) the governments of emerging agricultural countries;
       ``(2) private voluntary organizations;
       ``(3) nonprofit agricultural organizations and 
     cooperatives;
       ``(4) nongovernmental organizations; and
       ``(5) other private entities.
       ``(b) Considerations.--In determining whether to enter into 
     an agreement to establish a program under subsection (a), the 
     Secretary shall take into consideration whether an emerging 
     agricultural country is committed to carrying out, or is 
     carrying out, policies that promote--
       ``(1) economic freedom;
       ``(2) private production of food commodities for domestic 
     consumption; and
       ``(3) the creation and expansion of efficient domestic 
     markets for the purchase and sale of those commodities.
       ``(c) International Food for Education and Nutrition 
     Program.--
       ``(1) In general.--In cooperation with other countries, the 
     Secretary shall establish an initiative within the food for 
     progress and education programs under this title to be known 
     as the `International Food for Education and Nutrition 
     Program', through which the Secretary may provide to eligible 
     organizations agricultural commodities and technical and 
     nutritional assistance in connection with education programs 
     to improve food security and enhance educational 
     opportunities for preschool age and primary school age 
     children in recipient countries.
       ``(2) Agreements.--In carrying out this subsection, the 
     Secretary--
       ``(A) shall administer the programs under this subsection 
     in manner that is consistent with this title; and
       ``(B) may enter into agreements with eligible 
     organizations--
       ``(i) to purchase, acquire, and donate eligible commodities 
     to eligible organizations to carry out agreements in 
     recipient countries; and
       ``(ii) to provide technical and nutritional assistance to 
     carry out agreements in recipient countries.
       ``(3) Other donor countries.--The Secretary shall encourage 
     other donor countries, directly or through eligible 
     organizations--
       ``(A) to donate goods and funds to recipient countries; and
       ``(B) to provide technical and nutritional assistance to 
     recipient countries.
       ``(4) Private sector.--The President and the Secretary are 
     urged to encourage the support and active involvement of the 
     private sector, foundations, and other individuals and 
     organizations in programs and activities assisted under this 
     subsection.
       ``(5) Graduation.--An agreement with an eligible 
     organization under this subsection shall include provisions--
       ``(A)(i) to sustain the benefits to the education, 
     enrollment, and attendance of children in schools in the 
     targeted communities when the provision of commodities and 
     assistance to a recipient country under the program under 
     this subsection terminates; and
       ``(ii) to estimate the period of time required until the 
     recipient country or eligible organization is able to provide 
     sufficient assistance without additional assistance under 
     this subsection; or
       ``(B) to provide other long-term benefits to targeted 
     populations of the recipient country.
       ``(6) Annual 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 an annual report that describes--
       ``(A) the results of the implementation of this subsection 
     during the year covered by the report, including the impact 
     on the enrollment, attendance, and performance of children in 
     preschools and primary schools targeted under the program 
     under this subsection; and
       ``(B) the level of commitments by, and the potential for 
     obtaining additional goods and assistance from, other 
     countries for subsequent years.
       ``(d) Terms.--
       ``(1) In general.--The Secretary may provide agricultural 
     commodities under this title on--
       ``(A) a grant basis; or
       ``(B) subject to paragraph (2), credit terms.
       ``(2) Credit terms.--Payment for agricultural commodities 
     made available under this title that are purchased on credit 
     terms shall be made on the same basis as payments made under 
     section 103 of the Agricultural Trade Development and 
     Assistance Act of 1954 (7 U.S.C. 1703).
       ``(3) No effect on domestic programs.--The Secretary shall 
     not make an agricultural commodity available for disposition 
     under this section in any amount that will reduce the amount 
     of the commodity that is traditionally made available through 
     donations to domestic feeding programs or agencies, as 
     determined by the Secretary.
       ``(e) Reports.--Each eligible organization that enters into 
     an agreement under this title shall submit to the Secretary, 
     at such time as the Secretary may request, a report 
     containing such information as the Secretary may request 
     relating to the use of agricultural commodities and funds 
     provided to the eligible organization under this title.
       ``(f) Coordination.--To ensure that the provision of 
     commodities under this section is coordinated with and 
     complements other

[[Page 26031]]

     foreign assistance provided by the United States, assistance 
     under this section shall be coordinated through the mechanism 
     designated by the President to coordinate assistance under 
     the Agricultural Trade Development and Assistance Act of 1954 
     (7 U.S.C. 1691 et seq.).
       ``(g) Quality Assurance.--
       ``(1) In general.--The Secretary shall ensure, to the 
     maximum extent practicable, that each eligible organization 
     participating in 1 or more programs under this section--
       ``(A) uses eligible commodities made available under this 
     title--
       ``(i) in an effective manner;
       ``(ii) in the areas of greatest need; and
       ``(iii) in a manner that promotes the purposes of this 
     title;
       ``(B) in using eligible commodities, assesses and takes 
     into account the needs of recipient countries and the target 
     populations of the recipient countries;
       ``(C) works with recipient countries, and indigenous 
     institutions or groups in recipient countries, to design and 
     carry out mutually acceptable programs authorized in 
     subsection (h)(2)(C)(i);
       ``(D) monitors and reports on the distribution or sale of 
     eligible commodities provided under this title using methods 
     that, as determined by the Secretary, facilitate accurate and 
     timely reporting;
       ``(E) periodically evaluates the effectiveness of the 
     program of the eligible organization, including, as 
     applicable, an evaluation of whether the development or food 
     and nutrition purposes of the program can be sustained in a 
     recipient country if the assistance provided to the recipient 
     country is reduced and eventually terminated; and
       ``(F) considers means of improving the operation of the 
     program of the eligible organization.
       ``(2) Certified institutional partners.--
       ``(A) In general.--The Secretary shall promulgate 
     regulations and guidelines to permit private voluntary 
     organizations and cooperatives to be certified as 
     institutional partners.
       ``(B) Requirements.--To become a certified institutional 
     partner, a private voluntary organization or cooperative 
     shall submit to the Secretary a certification of 
     organizational capacity that describes--
       ``(i) the financial, programmatic, commodity management, 
     and auditing abilities and practices of the organization or 
     cooperative; and
       ``(ii) the capacity of the organization or cooperative to 
     carry out projects in particular countries.
       ``(C) Multicountry proposals.--A certified institutional 
     partner shall be eligible to--
       ``(i) submit a single proposal for 1 or more countries that 
     are the same as, or similar to, those countries in which the 
     certified institutional partner has already demonstrated 
     organizational capacity;
       ``(ii) receive expedited review and approval of the 
     proposal; and
       ``(iii) request commodities and assistance under this 
     section for use in 1 or more countries.
       ``(D) 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.
       ``(h) Transshipment and Resale.--
       ``(1) In general.--The transshipment or resale of an 
     eligible commodity to a country other than a recipient 
     country shall be prohibited unless the transshipment or 
     resale is approved by the Secretary.
       ``(2) Monetization.--
       ``(A) In general.--Subject to subparagraphs (B) through 
     (D), an eligible commodity provided under this section may be 
     sold for foreign currency or United States dollars or 
     bartered, with the approval of the Secretary.
       ``(B) Sale or barter of food assistance.--The sale or 
     barter of eligible commodities under this title may be 
     conducted only within (as determined by the Secretary)--
       ``(i) a recipient country or country nearby to the 
     recipient country; or
       ``(ii) another country, if--

       ``(I) the sale or barter within the recipient country or 
     nearby country is not practicable; and
       ``(II) the sale or barter within countries other than the 
     recipient country or nearby country will not disrupt 
     commercial markets for the agricultural commodity involved.

       ``(C) Humanitarian or development purposes.--The Secretary 
     may authorize the use of proceeds or exchanges to reimburse, 
     within a recipient country or other country in the same 
     region, the costs incurred by an eligible organization for--
       ``(i)(I) programs targeted at hunger and malnutrition; or
       ``(II) development programs involving food security or 
     education;
       ``(ii) transportation, storage, and distribution of 
     eligible commodities provided under this title; and
       ``(iii) administration, sales, monitoring, and technical 
     assistance.
       ``(D) Exception.--The Secretary shall not approve the use 
     of proceeds described in subparagraph (C) to fund any 
     administrative expenses of a foreign government.
       ``(E) Private sector enhancement.--As appropriate, the 
     Secretary may provide eligible commodities under this title 
     in a manner that uses commodity transactions as a means of 
     developing in the recipient countries a competitive private 
     sector that can provide for the importation, transportation, 
     storage, marketing, and distribution of commodities.
       ``(i) Displacement of Commercial Sales.--In carrying out 
     this title, the Secretary shall, to the maximum extent 
     practicable consistent with the purposes of this title, 
     avoid--
       ``(1) displacing any commercial export sale of United 
     States agricultural commodities that would otherwise be made;
       ``(2) disrupting world prices of agricultural commodities; 
     or
       ``(3) disrupting normal patterns of commercial trade of 
     agricultural commodities with foreign countries.
       ``(j) Deadline for Program Announcements.--
       ``(1) In general.--Before the beginning of the applicable 
     fiscal year, the Secretary shall, to the maximum extent 
     practicable--
       ``(A) make all determinations concerning program agreements 
     and resource requests for programs under this title; and
       ``(B) announce those determinations.
       ``(2) Report.--Not later than November 1 of the applicable 
     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 list 
     of programs, countries, and commodities, and the total amount 
     of funds for transportation and administrative costs, 
     approved to date under this title.
       ``(k) Military Distribution of Assistance.--
       ``(1) In general.--The Secretary shall ensure, to the 
     maximum extent practicable, that agricultural commodities 
     made available under this title are provided without regard 
     to--
       ``(A) the political affiliation, geographic location, 
     ethnic, tribal, or religious identity of the recipient; or
       ``(B) any other extraneous factors, as determined by the 
     Secretary.
       ``(2) Prohibition on handling of commodities by the 
     military.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall not enter into an agreement under this 
     title to provide agricultural commodities if the agreement 
     requires or permits the distribution, handling, or allocation 
     of agricultural commodities by the military forces of any 
     foreign government or insurgent group.
       ``(B) Exception.--The Secretary may authorize the 
     distribution, handling, or allocation of commodities by the 
     military forces of a country in exceptional circumstances in 
     which--
       ``(i) nonmilitary channels are not available for 
     distribution, handling, or allocation;
       ``(ii) the distribution, handling, or allocation is 
     consistent with paragraph (1); and
       ``(iii) the Secretary determines that the distribution, 
     handling, or allocation is necessary to meet the emergency 
     health, safety, or nutritional requirements of the population 
     of a recipient country.
       ``(3) Encouragement of safe passage.--In entering into an 
     agreement under this title that involves 1 or more areas 
     within a recipient country that is experiencing protracted 
     warfare or civil unrest, the Secretary shall, to the maximum 
     extent practicable, encourage all parties to the conflict 
     to--
       ``(A) permit safe passage of the commodities and other 
     relief supplies; and
       ``(B) establish safe zones for--
       ``(i) medical and humanitarian treatment; and
       ``(ii) evacuation of injured persons.
       ``(l) Level of Assistance.--The cost of commodities made 
     available under this title, and the expenses incurred in 
     connection with the provision of those commodities shall be 
     in addition to the level of assistance provided under the 
     Agricultural Trade Development and Assistance Act of 1954 (7 
     U.S.C. 1691 et seq.).
       ``(m) Commodity Credit Corporation.--
       ``(1) In general.--Subject to paragraphs (6) through (8), 
     the Secretary may use the funds, facilities, and authorities 
     of the Corporation to carry out this title.
       ``(2) Minimum tonnage.--Subject to paragraphs (5) and 
     (7)(B), not less than 400,000 metric tons of commodities may 
     be provided under this title for each of fiscal years 2002 
     through 2006.
       ``(3) Authorization of appropriations.--In addition to 
     tonnage authorized under paragraph (2), there are authorized 
     to be appropriated such sums as are necessary to carry out 
     this title.
       ``(4) Title i funds.--In addition to tonnage and funds 
     authorized under paragraphs (2), (3), and (7)(B), the 
     Corporation may use funds appropriated to carry out title I 
     of the Agricultural Trade Development and Assistance Act of 
     1954 (7 U.S.C. 1701 et seq.)) in carrying out this section 
     with respect to commodities made available under this title.
       ``(5) International food for education and nutrition 
     program.--

[[Page 26032]]

       ``(A) In general.--Of the funds that would be available to 
     carry out paragraph (2), the Secretary may use not more than 
     $200,000,000 for each fiscal year to carry out the initiative 
     established under subsection (c).
       ``(B) Reallocation.--Tons not allocated under subsection 
     (c) by June 30 of each fiscal year shall be made available 
     for proposals submitted under the food for progress and 
     education programs under subsection (a).
       ``(6) Limitation on purchases of commodities.--The 
     Corporation may purchase agricultural commodities for 
     disposition under this title only if Corporation inventories 
     are insufficient to satisfy commitments made in agreements 
     entered into under this title.
       ``(7) Eligible costs and expenses.--
       ``(A) In general.--Subject to subparagraph (B), with 
     respect to an eligible commodity made available under this 
     title, the Corporation may pay--
       ``(i) the costs of acquiring the eligible commodity;
       ``(ii) the costs associated with packaging, enriching, 
     preserving, and fortifying of the eligible commodity;
       ``(iii) the processing, transportation, handling, and other 
     incidental costs incurred before the date on which the 
     commodity is delivered free on board vessels in United States 
     ports;
       ``(iv) the vessel freight charges from United States ports 
     or designated Canadian transshipment ports, as determined by 
     the Secretary, to designated ports of entry abroad;
       ``(v) the costs associated with transporting the eligible 
     commodity from United States ports to designated points of 
     entry abroad in a case in which--

       ``(I) a recipient country is landlocked;
       ``(II) ports of a recipient country cannot be used 
     effectively because of natural or other disturbances;
       ``(III) carriers to a specific country are unavailable; or
       ``(IV) substantial savings in costs or time may be gained 
     by the use of points of entry other than ports;

       ``(vi) the transportation and associated distribution costs 
     incurred in moving the commodity (including repositioned 
     commodities) from designated points of entry or ports of 
     entry abroad to storage and distribution sites;
       ``(vii) in the case of an activity under subsection (c), 
     the internal transportation, storage, and handling costs 
     incurred in moving the eligible commodity, if the Secretary 
     determines that payment of the costs is appropriate and that 
     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;

       ``(viii) the charges for general average contributions 
     arising out of the ocean transport of commodities 
     transferred; and
       ``(ix) the costs, in addition to costs authorized by 
     clauses (i) through (viii), of providing--

       ``(I) assistance in the administration, sale, and 
     monitoring of food assistance activities under this title; 
     and
       ``(II) technical assistance for monetization programs.

       ``(B) Funding.--Except for costs described in subparagraph 
     (A)(i), not more than $80,000,000 of funds that would be made 
     available to carry out paragraph (2) may be used to cover 
     costs under this paragraph unless authorized in advance in an 
     appropriation Act.
       ``(8) Payment of administrative costs.--An eligible 
     organization that receives payment for administrative costs 
     through monetization of the eligible commodity under 
     subsection (h)(2) shall not be eligible to receive payment 
     for the same administrative costs through direct payments 
     under paragraph (7)(A)(ix)(I).''.
       (b) Conforming Amendments.--
       (1) Section 416(b)(7)(D)(iii) of the Agricultural Act of 
     1949 (7 U.S.C. 1431(b)(7)(D)(iii)) is amended by striking 
     ``the Food for Progress Act of 1985'' and inserting ``title 
     VIII of the Agricultural Trade Act of 1978''.
       (2) The Act of August 19, 1958 (7 U.S.C. 1431 note; Public 
     Law 85-683) is amended by striking ``the Food for Progress 
     Act of 1985'' and inserting ``title VIII of the Agricultural 
     Trade Act of 1978''.
       (3) Section 1110 of the Food Security Act of 1985 (7 U.S.C. 
     1736o) is repealed.

     SEC. 326. EXPORTER ASSISTANCE INITIATIVE.

       (a) Findings.--Congress find that--
       (1) information in the possession of Federal agencies other 
     than the Department of Agriculture that is necessary for the 
     export of agricultural commodities and products is available 
     only from multiple disparate sources; and
       (2) because exporters often need access to information 
     quickly, exporters lack the time to search multiple sources 
     to access necessary information, and exporters often are 
     unaware of where the necessary information can be located.
       (b) Initiative.--Title I of the Agricultural Trade Act of 
     1978 (7 U.S.C. 5601 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 107. EXPORTER ASSISTANCE INITIATIVE.

       ``(a) In General.--In order to create a single source of 
     information for exports of United States agricultural 
     commodities, the Secretary shall develop a website on the 
     Internet that collates onto a single website all information 
     from all agencies of the Federal Government that is relevant 
     to the export of United States agricultural commodities.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out subsection (a)--
       ``(1) $1,000,000 for each of fiscal years 2002 through 
     2004; and
       ``(2) $500,000 for each of fiscal years 2005 and 2006.''.

        Subtitle C--Miscellaneous Agricultural Trade Provisions

     SEC. 331. BILL EMERSON HUMANITARIAN TRUST.

       Section 302 of the Bill Emerson Humanitarian Trust Act (7 
     U.S.C. 1736f-1) is amended by striking ``2002'' each place it 
     appears in subsection (b)(2)(B)(i) and paragraphs (1) and (2) 
     of subsection (h) and inserting ``2006''.

     SEC. 332. EMERGING MARKETS.

       Section 1542 of the Food, Agriculture, Conservation, and 
     Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is 
     amended by striking ``2002'' each place it appears in 
     subsections (a) and (d)(1)(A)(i) and inserting ``2006''.

     SEC. 333. BIOTECHNOLOGY AND AGRICULTURAL TRADE PROGRAM.

       Section 1542 of the Food, Agriculture, Conservation, and 
     Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is 
     amended by adding at the end the following:
       ``(g) Biotechnology and Agricultural Trade Program.--
       ``(1) In general.--The Secretary of Agriculture shall 
     establish a program to enhance foreign acceptance of 
     agricultural biotechnology and United States agricultural 
     products developed through biotechnology.
       ``(2) Focus.--The program shall address the continuing and 
     increasing market access, regulatory, and marketing issues 
     relating to export commerce of United States agricultural 
     biotechnology products.
       ``(3) Education and outreach.--
       ``(A) Foreign markets.--Support for United States 
     agricultural market development organizations to carry out 
     education and other outreach efforts concerning biotechnology 
     shall target such educational initiatives directed toward--
       ``(i) producers, buyers, consumers, and media in foreign 
     markets through initiatives in foreign markets; and
       ``(ii) government officials, scientists, and trade 
     officials from foreign countries through exchange programs.
       ``(B) Funding for education and outreach.--Funding for 
     activities under subparagraph (A) may be--
       ``(i) used through--

       ``(I) the emerging markets program under this section; or
       ``(II) the Cochran Fellowship Program under section 1543; 
     or

       ``(ii) applied directly to foreign market development 
     cooperators through the foreign market development cooperator 
     program established under section 702.
       ``(4) Rapid response.--
       ``(A) In general.--The Secretary shall assist exporters of 
     United States agricultural commodities in cases in which the 
     exporters are harmed by unwarranted and arbitrary barriers to 
     trade due to--
       ``(i) marketing of biotechnology products;
       ``(ii) food safety;
       ``(iii) disease; or
       ``(iv) other sanitary or phytosanitary concerns.
       ``(B) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $1,000,000 for 
     each of fiscal years 2002 through 2006.
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection (other than 
     paragraph (4)) $15,000,000 for each of fiscal years 2002 
     through 2006.''.
                                  ____

  SA 2530. Mrs. MURRAY submitted an amendment intended to be proposed 
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; which was ordered to lie on the table; 
as follows:

       Strike the period at the end of subtitle C of title III and 
     insert a period and 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

[[Page 26033]]

     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.
                                  ____

  SA 2531. Mrs. MURRAY submitted an amendment intended to be proposed 
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; which was ordered to lie on the table; 
as follows:

       Strike the period at the end of section 1028 and insert a 
     period and the following:

     SEC. 1029. 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 ``$20,000,000'' and 
     inserting ``40,000,000''; 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.''.
                                  ____

  SA 2532. Mrs. BOXER submitted an amendment intended to be proposed by 
her 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 an fiber, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 80, line 21, strike the quotation marks and the 
     following period and interest the following:
       ``(iii) Integrated facilities--
       ``(I) Definition of integrated facility.--In this clause, 
     the term `integrated facility' means a sugar processing 
     facility that is capable or processing both sugar beets and 
     sugarcane.
       ``(II) Use of allocations.--Nothwithstanding any other 
     provision of law, an allocation made to sugar beet processors 
     and growers in a State in which the ability to grow sugarcane 
     is demonstrated may be used by sugarcane processors and 
     growers to process sugarcane at an integrated facility.
       ``(III) Availabiity of allocations.-- A beet sugar 
     allocation of 100,000 short tons shall be reserved for 
     sugarcane processing at an integrated facility in 2004 and 
     shall be increased to 175,000 short tons in 2005 and each 
     year beyond for the duration of this Act. Such beet sugar 
     allocation shall be in addition to the allocation made to the 
     processor for best sugar processing. The Secretary may 
     temporarily reassign such allotments in such amounts and for 
     such periods as is not needed by the integrated facility.
       ``(IV) Marketing allotment.--Notwithstanding paragrah (1) 
     of section 359c(d), sugar processed at an integrated facility 
     may be used to fill a marketing allocation under that 
     paragraph.
       ``(V) No charge toward allotment.--Sugarcane processed 
     under the allocation established in subclause (III) shall not 
     be charged toward the overall sugarcane allotment under 
     section 359c.
       ``(VI) Eligibility for loans.--The sugarcane processing 
     operation at an integrated facility shall be eligible for 
     loans under section 156 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7272), as 
     amended by this Act at the rate applicable to sugarcane.''
                                  ____

  SA 2533. Mr. CRAPO (for himself and Mr. Craig) submitted an amendment 
intended to be proposed by him 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; which was ordered to lie on the 
table; as follows:

       Strike section 215.
                                  ____

  SA 2534. Mr. JOHNSON (for himself, Mr. Grassley, Mr. Wellstone, Mr. 
Harkin, Mr. Thomas, Mr. Dorgan, Mr. Feingold, and Mr. Daschle) 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 886, strike line 5 and insert the following:

                     Subtitle C--General Provisions

     SEC. 1021. PROHIBITION ON PACKERS OWNING, FEEDING, OR 
                   CONTROLLING LIVESTOCK.

       (a) In General.--Section 202 of the Packers and Stockyards 
     Act, 1921 (7 U.S.C. 192), is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively;
       (2) by inserting after subsection (e) the following:
       ``(f) Own, feed, or control livestock intended for 
     slaughter (for more than 14 days prior to slaughter and 
     acting through the packer or a person that directly or 
     indirectly controls, or is controlled by or under common 
     control with, the packer), except that this subsection shall 
     not apply to--
       ``(1) a cooperative or entity owned by a cooperative, if a 
     majority of the ownership interest in the cooperative is held 
     by active cooperative members that--
       ``(A) own, feed, or control livestock; and
       ``(B) provide the livestock to the cooperative for 
     slaughter; or
       ``(2) a packer that is owned or controlled by producers of 
     a type of livestock, if during a calendar year the packer 
     slaughters less than 2 percent of the head of that type of 
     livestock slaughtered in the United States; or''; and
       (3) in subsection (h) (as so redesignated), by striking 
     ``or (e)'' and inserting ``(e), or (f)''.
       (b) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by subsection (a) take effect on the date of enactment 
     of this Act.
       (2) Transition rules.--In the case of a packer that on the 
     date of enactment of this Act owns, feeds, or controls 
     livestock intended for slaughter in violation of section 
     202(f) of the Packers and Stockyards Act, 1921 (as amended by 
     subsection (a)), the amendments made by subsection (a) apply 
     to the packer--
       (A) in the case of a packer of swine, beginning on the date 
     that is 18 months after the date of enactment of this Act; 
     and
       (B) in the case of a packer of any other type of livestock, 
     beginning as soon as practicable, but not later than 180 
     days, after the date of enactment of this Act, as determined 
     by the Secretary of Agriculture.
                                  ____

  SA 2535. Mr. TORRICELLI submitted an amendment intended to be 
proposed 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; which was ordered to lie on the table; 
as follows:

       On page 376, after line 24, insert the following:
       (c) Effective Date.--The amendments made by this section 
     shall not take effect until the President certifies to 
     Congress that all convicted felons wanted by the Federal 
     Bureau of Investigation who are currently living as fugitives 
     in Cuba have been returned to the United States for 
     incarceration.
                                  ____

  SA 2536. Ms. CANTWELL submitted an amendment intended to be proposed 
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; which was ordered to lie on the table; 
as follows:

       Strike section 743 and insert the following:

     SEC. 743. 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

[[Page 26034]]

       (C) in paragraph (5)(F), by inserting ``(including improved 
     use of energy inputs)'' after ``farm production 
     efficiencies'';
       (2) in subsection (b)(1) by striking ``may'' and inserting 
     ``shall'';
       (3) 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'';
       (4) 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.'';
       (5) in subsection (e), by inserting ``the amount that is 
     equal to 3 times'' before ``the amount that''; and
       (6) in subsection (i)(1), by striking ``2002'' and 
     inserting ``2006''.
                                  ____

  SA 2537. Mr. KYL submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       On page 53, line 24, strike the period at the end and 
     insert a period and the following:

     SEC. 1__. EXEMPTION OF MILK HANDLERS FROM MINIMUM PRICE 
                   REQUIREMENTS.

       (a) In General.--Section 8c(5) of the Agricultural 
     Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments 
     by the Agricultural Marketing Agreement Act of 1937, is 
     amended by adding at the end the following:
       ``(M) Exemption of milk handlers from minimum price 
     requirements.--Notwithstanding any other provision of this 
     section, no handler that sells Class I milk in a marketing 
     area shall be exempt during any month from any minimum milk 
     price requirement established under paragraph (A) if the 
     total distribution of Class I milk produced on the farm of 
     the handler in the marketing area during the preceding month 
     exceeds the lesser of--
       ``(i) 3 percent of the total quantity of Class I milk 
     distributed in the marketing area; or
       ``(ii) 5,000,000 pounds.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on January 1, 2002.
                                  ____

  SA 2538. Mr. THURMOND (for himself and Mr. Helms) submitted an 
amendment intended to be proposed 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; which was 
ordered to lie on the table; as follows:

       On page 40, line 8, strike the period at the end and insert 
     a period and the following:

     SEC. 1__. LEASE AND TRANSFER OF CERTAIN ALLOTMENTS AND 
                   QUOTAS.

       (a) In General.--Section 316(a)(1)(A)(i) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 
     1314b(a)(1)(A)(i)) is amended in the last sentence by 
     inserting ``(other than the 2002 and 2003 crops)'' after 
     ``crops''.
       (b) Study.--
       (1) In general.--The Secretary of Agriculture shall conduct 
     a study of the effects of the prohibition provided under the 
     last sentence of section 316(a)(1)(A)(i) of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1314b(a)(1)(A)(i)).
       (2) Report.--Not later than 180 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.
                                  ____

  SA 2539. Mr. LUGAR submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       Beginning on page 707, strike line 16 and all that follows 
     through page 708, line 20, and insert the following:

     SEC. 741. INITIATIVE FOR FUTURE AGRICULTURE AND FOOD SYSTEMS.

       (a) In General.--Section 401 of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 7621) 
     is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Funding.--
       ``(1) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Account to carry out this section--
       ``(A) not later than 30 days after the date of enactment of 
     this subparagraph, $240,000,000; and
       ``(B) on October 1, 2002, and each October 1 thereafter 
     through October 1, 2005, $360,000,000.
       ``(2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under paragraph (1), 
     without further appropriation.''; and
       (2) in subsection (e), by adding at the end the following:
       ``(3) Minority-serving institutions.--The Secretary shall 
     consider reserving, to the maximum extent practicable, 10 
     percent of the funds made available to carry out this section 
     for a fiscal year for grants to minority-serving 
     institutions.''.
       (b) Offset.--Section 158G of the Federal Agriculture 
     Improvement and Reform Act of 1996 (as added by section 
     151(a)) shall have no effect.
                                  ____

  SA 2540. Mr. NICKLES submitted an amendment intended to be proposed 
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; which was ordered to lie on the table; 
as follows:

       Strike section 165 and insert the following:

     SEC. 165. PAYMENT LIMITATIONS AND GROSS INCOME LIMITATION.

       (a) Payment Limitation.--Section 1001 of the Food Security 
     Act of 1985 (7 U.S.C. 1308) is amended by striking paragraphs 
     (1) through (4) and inserting the following:
       ``(1) Limitations on payment under contract commodity 
     contracts.--Subject to paragraph (3), the total amount of 
     contract payments made under title I of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7201 
     et seq.) to a person under 1 or more contracts during any 
     fiscal year may not exceed $100,000.
       ``(2) Limitations on marketing loan gains, loan deficiency 
     payments, and commodity certificate transactions.--
       ``(A) In general.--Subject to paragraph (3), the total 
     amount of the payments and benefits specified in subparagraph 
     (B) that a person shall be entitled to receive during any 
     crop year may not exceed $150,000, with a separate limitation 
     for--
       ``(i) all loan commodities (other than wool, mohair, and 
     honey);
       ``(ii) wool and mohair
       ``(iii) honey; and
       ``(iv) peanuts.
       ``(B) Payments.--The payments referred to in subparagraph 
     (A) are the following:
       ``(i) Marketing loan gains.--Any gain realized from 
     repaying a marketing assistance loan under sections 131 or 
     158G(a) of the Federal Agriculture Improvement and Reform Act 
     of 1996 for a crop of any loan commodity or peanuts, 
     respectively, at a lower level than the original loan rate 
     established for the loan commodity under sections 132 or 
     158G(d) of the Act, respectively.
       ``(ii) Loan deficiency payments.--Any loan deficiency 
     payment received for a loan commodity under sections 135 or 
     158G(e) of that Act, respectively.
       ``(iii) Commodity certificates.--Any gain realized from the 
     use of a commodity certificate issued by the Commodity Credit 
     Corporation, as determined by the Secretary, including the 
     use of a certificate for the settlement of marketing 
     assistance loan under section 134 or 158G(d), respectively, 
     of that Act.
       ``(3) Overall limitation.--The total amount of payments 
     described in paragraph (1) and (2) made to a person during 
     any fiscal year may not exceed $150,000.''.
                                  ____

  SA 2541. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC.  . OPERATION AND MAINTENANCE OF WHITE MOUNTAIN NATIONAL 
                   FOREST.

       For a program under which the Secretary of Agriculture 
     shall employ former employees of the American Tissue Mills in 
     the cities

[[Page 26035]]

     of Berlin and Gorham in the State of New Hampshire to carry 
     out operation and maintenance projects at White Mountain 
     National Forest in the State of New Hampshire, there is 
     appropriated $1,750,000, to remain available until expended.
                                  ____

  SA 2542. Mr. SANTORUM (for himself, Mr. Durbin, Mr. Feingold, Mr. 
DeWine, Mr. Kohl, Mr. Hatch, Mrs. Clinton, and Mr. Jeffords) submitted 
an amendment intended to be proposed 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; which 
was ordered to lie on the table; as follows:

       On page 945, line 5, strike the period at the end and 
     insert a period and the following:

     SEC. 1024. IMPROVED STANDARDS FOR THE CARE AND TREATMENT OF 
                   CERTAIN ANIMALS.

       (a) Socialization Plan; Breeding Restrictions.--Section 
     13(a)(2) of the Animal Welfare Act (7 U.S.C. 2143(a)(2)) is 
     amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(C) for the socialization of dogs intended for sale as 
     pets with other dogs and people, through compliance with a 
     standard developed by the Secretary based on the 
     recommendations of animal welfare and behavior experts that--
       ``(i) prescribes a schedule of activities and other 
     requirements that dealers and inspectors shall use to ensure 
     adequate socialization; and
       ``(ii) identifies a set of behavioral measures that 
     inspectors shall use to evaluate adequate socialization; and
       ``(D) for addressing the initiation and frequency of 
     breeding of female dogs so that a female dog is not--
       ``(i) bred before the female dog has reached at least 1 
     year of age; and
       ``(ii) whelped more frequently than 3 times in any 24-month 
     period.''.
       (b) Suspension or Revocation of License, Civil Penalties, 
     Judicial Review, and Criminal Penalties.--Section 19 of the 
     Animal Welfare Act (7 U.S.C. 2149) is amended--
       (1) by striking ``Sec. 19. (a) If the Secretary'' and 
     inserting the following:

     ``SEC. 19. SUSPENSION OR REVOCATION OF LICENSE, CIVIL 
                   PENALTIES, JUDICIAL REVIEW, AND CRIMINAL 
                   PENALTIES.

       ``(a) Suspension or Revocation of License.--
       ``(1) In general.--If the Secretary'';
       (2) in subsection (a)--
       (A) in paragraph (1) (as designated by paragraph (1)), by 
     striking ``if such violation'' and all that follows and 
     inserting ``if the Secretary determines that 1 or more 
     violations have occurred.''; and
       (B) by adding at the end the following:
       ``(2) License revocation.--If the Secretary finds that any 
     person licensed as a dealer, exhibitor, or operator of an 
     auction sale subject to section 12, has committed a serious 
     violation (as determined by the Secretary) of any rule, 
     regulation, or standard governing the humane handling, 
     transportation, veterinary care, housing, breeding, 
     socialization, feeding, watering, or other humane treatment 
     of dogs under section 12 or 13 on 3 or more separate 
     inspections within any 8-year period, the Secretary shall--
       ``(A) suspend the license of the person for 21 days; and
       ``(B) after providing notice and a hearing not more than 30 
     days after the third violation is noted on an inspection 
     report, revoke the license of the person unless the Secretary 
     makes a written finding that--
       ``(i) the violations were minor and inadvertent;
       ``(ii) the violations did not pose a threat to the dogs; or
       ``(iii) revocation is inappropriate for other good 
     cause.'';
       (3) in subsection (b), by striking ``(b) Any dealer'' and 
     inserting ``(b) Civil Penalties.--Any dealer'';
       (4) in subsection (c), by striking ``(c) Any dealer'' and 
     inserting ``(c) Judicial Review.--Any dealer''; and
       (5) in subsection (d), by striking ``(d) Any dealer'' and 
     inserting ``(d) Criminal Penalties.--Any dealer''.
       (c) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     promulgate such regulations as are necessary to carry out the 
     amendments made by this section, including development of the 
     standards required by the amendments made by subsection (a).
                                  ____

  SA 2543. Mr. ROBERTS submitted an amendment intended to be proposed 
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 consumer abundant food and 
fiber, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 178, strike line 22 and all that follows 
     through page 182, line 24, and insert the following:
       ``(f) Certification of Private Providers of Technical 
     Assistance.--
       ``(1) In general.--The Secretary shall, to the maximum 
     extent practicable, subject to paragraphs (2), (3), and (4), 
     establish a more effective and more broadly functioning 
     system for the delivery of technical assistance in support of 
     the conservation programs administered by the Secretary by--
       ``(A) integrating the use of third party technical 
     assistance providers (including farmers and ranchers) into 
     the technical assistance delivery system; and
       ``(B) using, to the maximum extent practicable, private, 
     third party providers.
       ``(2) Purpose.--To achieve the timely completion of 
     conservation plans and other technical assistance functions, 
     third party providers described in paragraph (1)(A) shall be 
     used to--
       ``(A) prepare conservation plans, including agronomically 
     sound nutrient management plans;
       ``(B) design, install and certify conservation practices;
       ``(C) train producers; and
       ``(D) carry out such other activities as the Secretary 
     determines to be appropriate.
       ``(3) 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.--
       ``(i) In general.--The Secretary shall provide a payment or 
     voucher to an owner or operator enrolled in a conservation 
     program administered by the Secretary if the owner or 
     operator elects to obtain technical assistance from a person 
     certified to provide technical assistance under this 
     subsection.
       ``(ii) Determination.--In determining whether to provide a 
     payment or voucher under clause (i), the Secretary shall seek 
     to maximize the assistance received from qualified persons to 
     most expeditiously and efficiently achieve the objectives of 
     this title.
       ``(4) Certification of public and private providers of 
     technical assistance.--
       ``(A) Establishment of procedures.--The Secretary shall 
     establish procedures for ensuring that only persons with the 
     training, experience, and capability to provide professional, 
     high quality assistance are certified by the Secretary to 
     provide, to agricultural producers and landowners 
     participating, or seeking to participate, in a conservation 
     program administered by the Secretary, technical assistance 
     in planning, designing, or certifying any aspect of a 
     particular project under the conservation program.
       ``(B) Public and private providers.--Certified technical 
     assistance providers shall include--
       ``(i) agricultural producers;
       ``(ii) agribusiness representatives;
       ``(iii) representatives from agricultural cooperatives;
       ``(iv) agricultural input retail dealers;
       ``(v) certified crop advisers;
       ``(vi) employees of the Department; or
       ``(vii) any group recognized by a Memorandum of 
     Understanding with the Department relating to certification.
       ``(C) Equivalence.--The Secretary shall ensure that any 
     certification program of the Department for public and 
     private technical service providers shall meet or exceed the 
     testing and continuing education standards of the Certified 
     Crop Adviser program.
       ``(D) 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.
       ``(E) Certification required.--A provider may not provide 
     to any producer technical assistance described in 
     subparagraph (B) unless the provider is certified by the 
     Secretary.
       ``(F) Nonduplication of previous certification.--The 
     Secretary shall consider a certified provider to have skills 
     and qualifications in a particular area of technical 
     expertise if the skills and qualifications of the provider 
     have been certified by another entity the certification 
     program of which meets nationally recognized and accepted 
     standards for training, testing and otherwise establishing 
     professional qualifications (including the Certified Crop 
     Adviser program).
       ``(G) Fee.--
       ``(i) Payment.--

       ``(I) In general.--Except as provided in subclause (II), in 
     exchange for certification or recertification, a private 
     provider shall pay to the Secretary a fee in an amount 
     determined by the Secretary.
       ``(II) Prior certification.--The Secretary shall not 
     require a provider to pay a fee under subclause (I) for the 
     certification of skills and qualifications that have already

[[Page 26036]]

     been certified by another entity under this subsection.

       ``(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.

       ``(H) National training centers.--
       ``(i) In general.--The Secretary, acting in close 
     cooperation with the Certified Crop Adviser program, shall 
     establish training centers to facilitate the training and 
     certification of technical assistance providers under this 
     subsection.
       ``(ii) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subparagraph.
       ``(I) Other requirements.--The Secretary may establish such 
     other requirements as the Secretary determines are necessary 
     to carry out this subsection.
       ``(J) Regulations.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall promulgate 
     regulations to carry out this subsection.
                                  ____

  SA 2544. Mr. ROBERTS submitted an amendment intended to be proposed 
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 consumer abundant food and 
fiber, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 39, strike line 5 and all that follows 
     through page 40, line 8, and insert the following:

     SEC. 126. LOAN DEFICIENCY PAYMENTS.

       Section 135 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7235) is amended to read as 
     follows:

     ``SEC. 135. LOAN DEFICIENCY PAYMENTS.

       ``(a) In General.--Except as provided in subsection (d), 
     the Secretary may make loan deficiency payments available 
     to--
       ``(1) producers on a farm that, although eligible to obtain 
     a marketing assistance loan under section 131 with respect to 
     a loan commodity, agree to forgo obtaining the loan for the 
     loan commodity in return for payments under this section; and
       ``(2) effective only for each of the 2000 and 2001 crop 
     years, producers that, although not eligible to obtain such a 
     marketing assistance loan under section 131, produce a loan 
     commodity.
       ``(b) Computation.--A loan deficiency payment under this 
     section shall be computed by multiplying--
       ``(1) the loan payment rate determined under subsection (c) 
     for the loan commodity; by
       ``(2) the quantity of the loan commodity produced by the 
     eligible producers, excluding any quantity for which the 
     producers obtain a loan under section 131.
       ``(c) Loan Payment Rate.--For purposes of this section, the 
     loan payment rate shall be the amount by which--
       ``(1) the loan rate established under section 132 for the 
     loan commodity; exceeds
       ``(2) the rate at which a loan for the commodity may be 
     repaid under section 134.
       ``(d) Exception for Extra Long Staple Cotton.--This section 
     shall not apply with respect to extra long staple cotton.
       ``(e) Time for Payment.--The Secretary shall make a payment 
     under this section to the producers on a farm with respect to 
     a quantity of a loan commodity as of the earlier of--
       ``(1) the date on which the producers on the farm marketed 
     or otherwise lost beneficial interest in the loan commodity, 
     as determined by the Secretary; or
       ``(2) the date the producers on the farm request the 
     payment.
       ``(f) Lost Beneficial Interest.--Effective for the 2001 
     crop only, if a producer eligible for a payment under 
     subsection (a) loses beneficial interest in the loan 
     commodity, the producer shall be eligible for the payment 
     determined as of the date the producer lost beneficial 
     interest in the loan commodity, as determined by the 
     Secretary.''.

     SEC. 127. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR 
                   GRAZED ACREAGE.

       Subtitle C 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 of the 2002 through 2006 crops 
     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.
       ``(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 2002 through 2006 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.''.
                                  ____

  SA 2545. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed 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 consumer abundant food and 
fiber, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section _______________, at the end of subsection (__), 
     add the following:
       ``(__) Availability.--Of amounts made available under 
     paragraph (__) for a fiscal year, $2,000,000 shall be made 
     available to the Center for Dairy Herd Health of the 
     University of California at Davis for--
       (A) research on Johne's disease and other major diseases of 
     dairy cows;
       (B) outreach and education to dairy producers regarding 
     testing;
       (C) testing for dairy herds;
       (D) development of best management practices and 
     biosecurity plans to reduce, eliminate, and prevent disease; 
     and
       (E) other appropriate activities to support the animal 
     health of dairy operations, including food safety management 
     practices.
                                  ____

  SA 2546. Mr. WYDEN (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed 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 
consumer abundant food and fiber, and for other purposes; as follows:

       Beginning in section 902, strike chapter 3 of subtitle L of 
     the Consolidated Farm and Rural Development Act (as added by 
     that section) and all that follows through section 905 and 
     insert the following:

     ``CHAPTER 3--CARBON SEQUESTRATION RESEARCH, DEVELOPMENT, AND 
                         DEMONSTRATION PROGRAM

     ``SEC. 388J. RESEARCH.

       ``(a) Basic Research.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the Secretary shall carry out research to 
     promote understanding of--
       ``(A) the net sequestration of organic carbon in soils and 
     plants (including trees); and
       ``(B) net emissions of other greenhouse gases from 
     agriculture.
       ``(2) Agricultural research service.--The Secretary, acting 
     through the Agricultural Research Service, shall collaborate 
     with other Federal agencies in developing data and carrying 
     out research addressing carbon losses and gains in soils and 
     plants (including trees) and net emissions of methane and 
     nitrous oxide from cultivation and animal management 
     activities.
       ``(3) Cooperative state research, education, and extension 
     service.--

[[Page 26037]]

       ``(A) In general.--The Secretary, acting through the 
     Cooperative State Research, Education, and Extension Service, 
     shall establish a competitive grant program to carry out 
     research on the matters described in paragraph (1) by 
     eligible entities.
       ``(B) Eligible entities.--Under subparagraph (A), the 
     Secretary may make a grant to--
       ``(i) a Federal research agency;
       ``(ii) a national laboratory;
       ``(iii) a college or university or a research foundation 
     maintained by a college or university;
       ``(iv) a private research organization with an established 
     and demonstrated capacity to perform research or technology 
     transfer;
       ``(v) a State agricultural experiment station;
       ``(vi) a State forestry agency that has developed or is 
     developing a forest carbon sequestration program; or
       ``(vii) an individual.
       ``(C) Consultation on research topics.--Before issuing a 
     request for proposals for basic research under paragraph (1), 
     the Cooperative State Research, Education, and Extension 
     Service shall consult with the Agricultural Research Service 
     and the Forest Service to ensure that proposed research areas 
     are complementary with and do not duplicate other research 
     projects funded by the Department or other Federal agencies.
       ``(D) Administrative expenses.--The Secretary may retain up 
     to 4 percent of the amounts made available for each fiscal 
     year to carry out this subsection to pay administrative 
     expenses incurred in carrying out this subsection.
       ``(b) Applied Research.--
       ``(1) In general.--The Secretary shall carry out applied 
     research in the areas of soil science, agronomy, agricultural 
     economics, forestry, and other agricultural sciences to--
       ``(A) promote understanding of--
       ``(i) how agricultural and forestry practices affect the 
     sequestration of organic and inorganic carbon in soils and 
     plants (including trees) and net emissions of other 
     greenhouse gases;
       ``(ii) how changes in soil carbon pools in soils and plants 
     (including trees) are cost-effectively measured, monitored, 
     and verified; and
       ``(iii) how public programs and private market approaches 
     can be devised to incorporate carbon sequestration in a 
     broader societal greenhouse gas emission reduction effort;
       ``(B) develop methods for establishing baselines for 
     measuring the quantities of carbon and other greenhouse gases 
     sequestered; and
       ``(C) evaluate leakage and performance issues.
       ``(2) Requirements.--To the maximum extent practicable, 
     applied research under paragraph (1) shall--
       ``(A) use existing technologies and methods; and
       ``(B) provide methodologies that are accessible to a 
     nontechnical audience.
       ``(3) Minimization of adverse environmental impacts.--All 
     applied research under paragraph (1) shall be conducted with 
     an emphasis on minimizing adverse environmental impacts.
       ``(4) Natural resources and the environment.--The 
     Secretary, acting through the Natural Resources Conservation 
     Service and the Forest Service, shall collaborate with other 
     Federal agencies in developing new measuring techniques and 
     equipment or adapting existing techniques and equipment to 
     enable cost-effective and accurate monitoring and 
     verification, for a wide range of agricultural and forestry 
     practices, of--
       ``(A) changes in carbon content in soils and plants 
     (including trees); and
       ``(B) net emissions of other greenhouse gases.
       ``(5) Cooperative state research, education, and extension 
     service.--
       ``(A) In general.--The Secretary, acting through the 
     Cooperative State Research, Education, and Extension Service 
     and the Forest Service, shall establish a competitive grant 
     program to encourage research on the matters described in 
     paragraph (1) by eligible entities.
       ``(B) Eligible entities.--Under subparagraph (A), the 
     Secretary may make a grant to--
       ``(i) a Federal research agency;
       ``(ii) a national laboratory;
       ``(iii) a college or university or a research foundation 
     maintained by a college or university;
       ``(iv) a private research organization with an established 
     and demonstrated capacity to perform research or technology 
     transfer;
       ``(v) a State agricultural experiment station;
       ``(vi) a State forestry agency that has developed or is 
     developing a forest carbon sequestration program; or
       ``(vii) an individual.
       ``(C) Consultation on research topics.--Before issuing a 
     request for proposals for applied research under paragraph 
     (1), the Cooperative State Research, Education, and Extension 
     Service and the Forest Service shall consult with the Natural 
     Resources Conservation Service and the Agricultural Research 
     Service to ensure that proposed research areas are 
     complementary with and do not duplicate research projects 
     funded by the Department of Agriculture or other Federal 
     agencies.
       ``(D) Administrative expenses.--The Secretary, acting 
     through the Cooperative State Research, Education, and 
     Extension Service, may retain up to 4 percent of the amounts 
     made available for each fiscal year to carry out this 
     subsection to pay administrative expenses incurred in 
     carrying out this subsection.
       ``(c) Research Consortia.--
       ``(1) In general.--The Secretary may designate not more 
     than 2 research consortia to carry out research projects 
     under this section, with the requirement that the consortia 
     propose to conduct basic research under subsection (a) and 
     applied research under subsection (b) .
       ``(2) Selection.--The consortia shall be selected on a 
     competitive basis by the Cooperative State Research, 
     Education, and Extension Service.
       ``(3) Eligible consortium participants.--Entities eligible 
     to participate in a consortium include--
       ``(A) a land-grant college or university (as defined in 
     section 1404 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
       ``(B) a private research institution;
       ``(C) a State agency;
       ``(D) an Indian tribe (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b));
       ``(E) an agency of the Department of Agriculture;
       ``(F) a research center of the National Aeronautics and 
     Space Administration, the Department of Energy, or any other 
     Federal agency;
       ``(G) an agricultural business or organization with 
     demonstrated expertise in areas covered by this section; and
       ``(H) a representative of the private sector with 
     demonstrated expertise in the areas.
       ``(4) Reservation of funding.--If the Secretary designates 
     1 or 2 consortia, the Secretary shall reserve for research 
     projects carried out by the consortium or consortia not more 
     than 25 percent of the amounts made available to carry out 
     this section for a fiscal year.
       ``(d) Standards for Measuring Carbon and Other Greenhouse 
     Gas Content.--
       ``(1) Conference.--Not later than 3 years after the date of 
     enactment of this subtitle, the Secretary shall convene a 
     conference of key scientific experts on carbon sequestration 
     from various sectors (including the government, academic, and 
     private sectors) to--
       ``(A) discuss and establish benchmark standards for 
     measuring the carbon content of soils and plants (including 
     trees) and net emissions of other greenhouse gases;
       ``(B) propose techniques and modeling approaches for 
     measuring carbon content with a level of precision that is 
     agreed on by the participants in the conference; and
       ``(C) evaluate results of analyses on baseline, permanence, 
     and leakage issues.
       ``(2) Report.--Not later than 180 days after the conclusion 
     of the conference under paragraph (1), 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 
     conference.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $25,000,000 for each of fiscal 
     years 2002 through 2006.
       ``(2) Allocation.--
       ``(A) In general.--Of the amounts made available to carry 
     out this section for a fiscal year, at least 50 percent shall 
     be allocated for competitive grants by the Cooperative State 
     Research, Education, and Extension Service.
       ``(B) Administrative expenses.--The Secretary may retain up 
     to 4 percent of the amounts made available for each fiscal 
     year to carry out this section to pay administrative expenses 
     incurred in carrying out this section.

     ``SEC. 388K. DEMONSTRATION PROJECTS AND OUTREACH.

       ``(a) Demonstration Projects.--
       ``(1) Development of monitoring programs.--
       ``(A) In general.--The Secretary, in cooperation with local 
     extension agents, experts from land grant universities, and 
     other local agricultural or conservation organizations, shall 
     develop user-friendly programs that combine measurement tools 
     and modeling techniques into integrated packages to monitor 
     the carbon sequestering benefits of conservation practices 
     and net changes in greenhouse gas emissions.
       ``(B) Benchmark levels of precision.--The Secretary shall 
     administer programs developed under subparagraph (A) in a 
     manner that achieves, to the maximum extent practicable, 
     benchmark levels of precision in the measurement, in a cost-
     effective manner, of benefits and changes described in 
     subparagraph (A).
       ``(2) Projects.--
       ``(A) In general.--The Secretary shall establish a program 
     under which the monitoring programs developed under paragraph 
     (1) are used in projects to demonstrate the feasibility of 
     methods of measuring, verifying, and monitoring--

[[Page 26038]]

       ``(i) changes in organic carbon content and other carbon 
     pools in soils and plants (including trees); and
       ``(ii) net changes in emissions of other greenhouse gases.
       ``(B) Evaluation of implications.--The projects under 
     subparagraph (A) shall include evaluation of the implications 
     for reassessed baselines, carbon or other greenhouse gas 
     leakage, and the permanence of sequestration.
       ``(C) Submission of proposals.--Proposals for projects 
     under subparagraph (A) shall be submitted by the appropriate 
     agency of each State, in consultation with interested local 
     jurisdictions and State agricultural and conservation 
     organizations.
       ``(D) Limitation.--Not more than 10 projects under 
     subparagraph (A) may be approved in conjunction with applied 
     research projects under section 388J(b) until benchmark 
     measurement and assessment standards are established under 
     section 388J(d).
       ``(b) Outreach.--
       ``(1) In general.--The Secretary, acting through the 
     Cooperative State Research, Education, and Extension Service, 
     shall widely disseminate information about the economic and 
     environmental benefits that can be generated by adoption of 
     conservation practices that increase sequestration of carbon 
     and reduce emission of other greenhouse gases.
       ``(2) Project results.--The Secretary, acting through the 
     Cooperative State Research, Education, and Extension Service, 
     shall provide for the dissemination to farmers, ranchers, 
     private forest landowners, and appropriate State agencies in 
     each State of information concerning--
       ``(A) the results of demonstration projects under 
     subsection (a)(2); and
       ``(B) the manner in which the methods demonstrated in the 
     projects might be applicable to the operations of the farmers 
     and ranchers.
       ``(3) Policy outreach.--The Secretary, acting through the 
     Cooperative State Research, Education, and Extension Service, 
     shall disseminate information on the connection between 
     global climate change mitigation strategies and agriculture 
     and forestry, so that farmers and ranchers may better 
     understand the global implications of the activities of 
     farmers and ranchers.
       ``(c) Authorization of Appropriations.--
       ``(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) Allocation.--Of the amounts made available to carry 
     out this section for a fiscal year, at least 50 percent shall 
     be allocated for demonstration projects under subsection 
     (a)(2).''.

     SEC. 903. BIOMASS RESEARCH AND DEVELOPMENT ACT OF 2000.

       (a) Funding.--The Biomass Research and Development Act of 
     2000 (7 U.S.C. 7624 note; Public Law 106-224) is amended--
       (1) in section 307, by striking subsection (f);
       (2) by redesignating section 310 as section 311; and
       (3) by inserting after section 309 the following:

     ``SEC. 310. FUNDING.

       ``(a) 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.
       ``(b) Receipt and Acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this title the funds transferred under subsection (a), 
     without further appropriation.''.
       (b) Termination of Authority.--Section 311 of the Biomass 
     Research and Development Act of 2000 (7 U.S.C. 7624 note; 
     Public Law 106-224) (as redesignated by subsection (a)) is 
     amended by striking ``December 31, 2005'' and inserting 
     ``September 30, 2006''.

     SEC. 904. RURAL ELECTRIFICATION ACT OF 1936.

       Title I of the Rural Electrification Act of 1936 (7 U.S.C. 
     901 et seq.) (as amended by section 661) is amended by adding 
     at the end the following:

     ``SEC. 21. FINANCIAL AND TECHNICAL ASSISTANCE FOR RENEWABLE 
                   ENERGY PROJECTS.

       ``(a) Definition of Renewable Energy.--In this section, the 
     term `renewable energy' means energy derived from a wind, 
     solar, biomass, geothermal, or hydrogen source.
       ``(b) Loans, Loan Guarantees, and Grants.--The Secretary 
     shall make loans, loan guarantees, and grants to rural 
     electric cooperatives and other rural electric utilities to 
     promote the development of economically and environmentally 
     sustainable renewable energy projects to serve the needs of 
     rural communities or for rural economic development.
       ``(c) Interest Rate.--A loan made or guaranteed under 
     subsection (b) shall bear interest at a rate not exceeding 4 
     percent.
       ``(d) Use of Funds.--
       ``(1) Grants.--A recipient of a grant under subsection (a) 
     may use the grant funds to pay up to 75 percent of the cost 
     of an economic feasibility study or technical assistance for 
     a renewable energy project.
       ``(2) Loans.--If a renewable energy project is determined 
     to be economically feasible, a recipient of a loan or loan 
     guarantee under subsection (a) may use the loan funds to pay 
     a percentage of the cost of the project determined by the 
     Secretary.
       ``(e) Funding.--
       ``(1) In general.--Not later than 30 days after the date of 
     enactment of this section, 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 section $9,000,000, 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 section the funds transferred under paragraph (1), 
     without further appropriation.
       ``(3) Loan and interest subsidies.--In the case of a loan 
     or loan guarantee under subsection (a), the Secretary shall 
     use funds under paragraph (1) to pay the cost of loan and 
     interest subsidies necessary to carry out this section.''.

     SEC. 905. CARBON SEQUESTRATION DEMONSTRATION PROGRAM.

       (a) Findings.--Congress finds that--
       (1) greenhouse gas emissions resulting from human activity 
     present potential risks and potential opportunities for 
     agricultural and forestry production;
       (2) there is a need to identify cost-effective methods that 
     can be used in the agricultural and forestry sectors to 
     reduce the threat of climate change;
       (3) deforestation and other land use changes account for 
     approximately 1,600,000,000 of the 7,900,000,000 metric tons 
     of the average annual worldwide quantity of carbon emitted 
     during the 1990s;
       (4) ocean and terrestrial systems each sequestered 
     approximately 2,300,000,000 metric tons of carbon annually, 
     resulting in a sequestration of 60 percent of the annual 
     human-induced emissions of carbon during the 1990s;
       (5) there are opportunities for increasing the quantity of 
     carbon that can be stored in terrestrial systems through 
     improved, human-induced agricultural and forestry practices;
       (6) increasing the carbon content of soil helps to reduce 
     erosion, reduce flooding, minimize the effects of drought, 
     prevent nutrients and pesticides from washing into water 
     bodies, and contribute to water infiltration, air and water 
     holding capacity, and good seed germination and plant growth;
       (7) tree planting and wetland restoration could play a 
     major role in sequestering carbon and reducing greenhouse gas 
     concentrations in the atmosphere;
       (8) nitrogen management is a cost-effective method of 
     addressing nutrient overenrichment in the estuaries of the 
     United States and of reducing emissions of nitrous oxide;
       (9) animal feed and waste management can be cost-effective 
     methods to address water quality issues and reduce emissions 
     of methane; and
       (10) there is a need to--
       (A) demonstrate that carbon sequestration in soils, plants, 
     and forests and reductions in greenhouse gas emissions 
     through nitrogen and animal feed and waste management can be 
     measured and verified; and
       (B) develop and refine quantification, verification, and 
     auditing methodologies for carbon sequestration and 
     greenhouse gas emission reductions on a project by project 
     basis.
       (b) 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. CARBON SEQUESTRATION DEMONSTRATION PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Eligible project.--The term `eligible project' means 
     a project that is likely to result in--
       ``(A) demonstrable reductions in net emissions of 
     greenhouse gases; or
       ``(B) demonstrable net increases in the quantity of carbon 
     sequestered in soils and forests.
       ``(2) Environmental trade.--The term `environmental trade' 
     means a transaction between an emitter of a greenhouse gas 
     and an agricultural producer or farmer-owned cooperative 
     under which the emitter pays to the agricultural producer or 
     farmer-owned cooperative a fee to sequester carbon or 
     otherwise reduce emissions of greenhouse gases.
       ``(3) Panel.--The term `panel' means the panel of experts 
     established under subsection (b)(4)(A).
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting in consultation with--
       ``(A) the Under Secretary of Agriculture for Natural 
     Resources and Environment;
       ``(B) the Under Secretary of Agriculture for Research, 
     Education, and Economics;
       ``(C) the Chief Economist of the Department; and
       ``(D) the panel.
       ``(b) Demonstration Program.--
       ``(1) Establishment.--
       ``(A) In general.--Subject to the availability of 
     appropriations, the Secretary shall establish a program to 
     provide grants, on a competitive, cost-shared basis, to 
     agricultural producers, nonindustrial private forest

[[Page 26039]]

     owners and farmer-owned cooperatives to assist in paying the 
     costs incurred in measuring, estimating, monitoring, 
     verifying, auditing, and testing methodologies involved in 
     environmental trades (including costs incurred in employing 
     certified independent third persons to carry out those 
     activities).
       ``(2) Conditions for receipt of grant.--As a condition of 
     the acceptance of a grant under paragraph (1), an 
     agricultural producer, nonindustrial forest owner and farmer-
     owned coopertves shall--
       ``(A) establish a carbon and greenhouse gas monitoring, 
     verification, and reporting system that meets such 
     requirements as the Secretary shall prescribe; and
       ``(B) under the system and through the use of an 
     independent third party for any necessary monitoring, 
     verifying, reporting, and auditing, measure and report to the 
     Secretary the quantity of carbon sequestered, or the quantity 
     of greenhouse gas emissions reduced, as a result of the 
     conduct of an eligible project.
       ``(3) Criteria for award of grant.--
       ``(A) In general.--In awarding a grant for an eligible 
     project under paragraph (1), the Secretary shall take into 
     consideration--
       ``(i) the likelihood of the eligible project in succeeding 
     in achieving greenhouse gas emissions reductions and net 
     carbon sequestration increases; and
       ``(ii) the usefulness of the information to be obtained 
     from the eligible project in determining how best to 
     quantify, monitor, and verify sequestered carbon or 
     reductions in greenhouse gas emissions.
       ``(B) 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;

       ``(ii) is designed to achieve long-term sequestration of 
     carbon or long-term reductions in greenhouse gas emissions;
       ``(iii) is designed to address concerns concerning leakage;
       ``(iv) provides certain other 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; or

       ``(v) does not involve--

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

       ``(4) Panel.--
       ``(A) In general.--The Secretary shall establish a panel to 
     provide advice and recommendations to the Secretary with 
     respect to criteria for awarding grants under this 
     subsection.
       ``(B) Composition.--The panel shall be composed of the 
     following representatives, to be appointed by the Secretary:
       ``(i) Experts from each of--

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

       ``(III) the Department of Energy.

       ``(ii) Experts from nongovernmental and academic entities.
       ``(5) Payment of grant funds.--The Secretary shall provide 
     a grant awarded under this section in such number of 
     installments as is necessary to ensure proper implementation 
     of an eligible project.
       ``(c) Methodology Grant Program.--
       ``(1) Establishment.--The Secretary shall establish a 
     program to provide grants to determine the best methodologies 
     for estimating and measuring increases or decreases in--
       ``(A) agricultural greenhouse gas emissions; and
       ``(B) the quantity of carbon sequestered in soils, forests, 
     and trees.
       ``(2) Eligible recipients.--The Secretary shall award a 
     grant under paragraph (1), on a competitive basis, to a 
     college or university, or other research institution, that 
     seeks to demonstrate the viability of a methodology described 
     in paragraph (1).
       ``(d) Dissemination of Information.--As soon as practicable 
     after the date of enactment of this section, the Secretary 
     shall establish an Internet site through which agricultural, 
     nonindustrial private forest owners and farmer-owned 
     cooperatives, producers may obtain information concerning--
       ``(1) potential environmental trades; and
       ``(2) activities of the Secretary under this section.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2002 through 2006, of which $1,000,000 
     for each of fiscal years 2002 through 2006 shall be made 
     available to carry out farmer-owned cooperative carbon 
     environmental trade pilot projects in accordance with this 
     section.''.
                                  ____

  SA 2547. Mr. WYDEN submitted an amendment intended to be proposed 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 consumer abundant food and fiber, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 321, strike line 15 and all that follows 
     through page 328, line 6, and insert the following:

     SEC. 262. KLAMATH BASIN.

       (a) Definitions.--In this section:
       (1) Task force.--The term ``Task Force'' means the Klamath 
     Basin Interagency Task Force established under subsection 
     (b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Interagency Task Force.--
       (1) Establishment.--
       (A) In general.--The Secretary of Agriculture 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 Natural Resources Conservation Service;
       (B) the Farm Services Agency;
       (C) the United States Fish and Wildlife Service;
       (D) the Bureau of Reclamation;
       (E) the National Marine Fisheries Service;
       (F) the Council on Environmental Quality;
       (G) the Bureau of Indian Affairs;
       (H) the Federal Energy Regulatory Commission;
       (I) the Environmental Protection Agency; and
       (J) 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) development of a coordinated Federal effort for the 
     management of water resources throughout the Klamath Basin;
       (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 subsection (b)(3).
       (5) Grant program.--The Task Force shall establish a grant 
     program (including appropriate cost-share, monitoring, and 
     enforcement requirements) under which the Secretary of 
     Agriculture, Secretary of the Interior, or 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 subsection (b)(3).
       (c) Plan.--
       (1) Development.--
       (A) Draft plan.--Not later than 180 days after the date of 
     enactment of this Act, 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).
       (B) 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 (A).
       (2) Matters to be considered.--In developing the plan under 
     paragraph (1), the Task Force shall consider--
       (A) the purchase of water conservation easements;
       (B) purchase of agricultural land from willing sellers, 
     with priority given to land that will enhance 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;

[[Page 26040]]

       (G) improvement of habitat on the Tule Lake National 
     Wildlife Refuge, the Lower Klamath National Wildlife Refuge, 
     and the Upper Klamath Lake National Wildlife Refuge;
       (H) fish screening and water metering;
       (I) other activities in the Basin that may significantly 
     affect water resources in the Basin, as determined by the 
     Task Force; and
       (J) other matters that the Task Force considers 
     appropriate.
       (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; and
       (2) provide appropriate opportunities for public 
     participation.
       (e) Funding.--
       (1) In general.--To carry out the purposes and activities 
     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, 
     Yurok, Hoopa, 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) Other funds.--The funds made available under 
     subparagraphs (A) and (B) of 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).
       (3) Expiration of authority to obligate funds.--The 
     Secretary may not obligate funds made available under this 
     paragraph after September 30, 2006.
       (4) Unused funding.--Any funds made available for a fiscal 
     year under paragraph (1) that are not obligated by April 1 of 
     the fiscal year 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.).
       (f) Savings Provision.--Nothing in this section regarding 
     the Klamath Basin affects any right or obligation of any 
     party under any treaty or any 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.
                                  ____

  SA 2548. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert:

     SEC. . SALE OF INVENTORY OWNED BY THE COMMODITY CREDIT 
                   CORPORATION.

       Notwithstanding any other provisions of law the Commodity 
     Credit Corporation, where practicable, shall utilize private 
     sector entities to sell inventory to which the Corporation 
     holds title.
                                  ____

  SA 2549. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. PREVENTING AGROTERRORISM.

       (a) Enhanced Penalties for Animal and Plant Enterprise 
     Terrorism.--Section 43 of title 18, United States Code, is 
     amended--
       (1) in subsection (a), by striking ``one year'' and 
     inserting ``5 years''; and
       (2) in subsection (b)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Explosives or arson.--Whoever in the course of a 
     violation of subsection (a) maliciously damages or destroys, 
     or attempts to damage or destroy, by means of fire or an 
     explosive, any building, vehicle, or other real or personal 
     property used by the animal or plant enterprise shall be 
     imprisoned for not less than 5 years and not more than 20 
     years, fined under this title, or both.''; and
       (C) in paragraph (3), as redesignated, by striking ``under 
     this title and'' and all that follows through the period and 
     inserting ``under this title, imprisoned for life or for any 
     term of years, or sentenced to death.''.
       (b) National Agroterrorism Incident Clearinghouse.--
       (1) In general.--The Director shall establish and maintain 
     a national clearinghouse for information on incidents of 
     crime and terrorism--
       (A) committed against or directed at any animal or plant 
     enterprise;
       (B) committed against or directed at any commercial 
     activity because of the perceived impact or effect of such 
     commercial activity on the environment; or
       (C) committed against or directed at any person because of 
     such person's perceived connection with or support of any 
     enterprise or activity described in subparagraph (A) or (B).
       (2) Clearinghouse.--The clearinghouse established under 
     subsection (a) shall--
       (A) accept, collect, and maintain information on incidents 
     described in paragraph (1) that is submitted to the 
     clearinghouse by Federal, State, and local law enforcement 
     agencies, by law enforcement agencies of foreign countries, 
     and by victims of such incidents;
       (B) collate and index such information for purposes of 
     cross-referencing; and
       (C) upon request from a Federal, State, or local law 
     enforcement agency, or from a law enforcement agency of a 
     foreign country, provide such information to assist in the 
     investigation of an incident described in paragraph (1).
       (3) Scope of information.--The information maintained by 
     the clearinghouse for each incident shall, to the extent 
     practicable, include--
       (A) the date, time, and place of the incident;
       (B) details of the incident;
       (C) any available information on suspects or perpetrators 
     of the incident; and
       (D) any other relevant information.
       (4) Design of clearinghouse.--The clearinghouse shall be 
     designed for maximum ease of use by participating law 
     enforcement agencies.
       (5) Publicity.--The Director shall publicize the 
     clearinghouse to law enforcement agencies.
       (6) Resources.--In establishing and maintaining the 
     clearinghouse, the Director may--
       (A) through the Attorney General, utilize the resources of 
     any other department or agency of the Federal Government; and
       (B) accept assistance and information from private 
     organizations or individuals.
       (7) Coordination.--The Director shall carry out the 
     Director's responsibilities under this subsection in 
     cooperation with the Director of the Bureau of Alcohol, 
     Tobacco, and Firearms.
       (8) Definitions.--In this subsection--
       (A) the term ``animal or plant enterprise'' has the same 
     meaning as in section 43 of title 18, United States Code; and
       (B) the term ``Director'' means the Director of the Federal 
     Bureau of Investigation.
       (9) Authorization of appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2002 through 2007 
     such sums as are necessary to carry out this subsection.
                                  ____

  SA 2550. Mrs. LINCOLN submitted an amendment intended to be proposed 
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; which was ordered to lie on the table; 
as follows:

       At the appropriate place in Title II add the following:

     SEC.   . 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 enactment of the Farm 
     Security Act of 2001, 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 fiscal year.''.
                                  ____

  SA 2551. Mr. JOHNSON submitted an amendment intended to be proposed 
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; which was ordered to lie on the table; 
as follows:

       On page 39, strike lines 14 through 17 and insert the 
     following:
       ``to forgo obtaining the loan for the loan commodity in 
     return for payments under this section.'';
       (2) by striking subsection (c) and inserting the following:

[[Page 26041]]

       ``(c) Loan Payment Rate.--
       ``(1) In general.--Subject to paragraph (2), for purposes 
     of this section, the loan payment rate shall be the amount by 
     which--
       ``(A) the loan rate established under section 132 for the 
     loan commodity; exceeds
       ``(B) the rate at which a loan for the commodity may be 
     repaid under section 134.
       ``(2) Pre-harvest election.--
       ``(A) In general.--During the period beginning on the first 
     day of the applicable marketing year and ending prior to 
     harvest of a loan commodity, the producer may elect to have 
     the loan payment rate for the loan commodity on a farm under 
     paragraph (1) established at the then-applicable rate for the 
     loan commodity.
       ``(B) Single election.--The producers on a farm shall have 
     1 opportunity each marketing year for each loan commodity on 
     a farm to make an irrevocable election under subparagraph 
     (A).
       ``(C) Limitation.--The election described in subparagraph 
     (A) may be made shall apply to not more than 50 percent of 
     the expected production of a loan commodity on a farm, as 
     determined by the Secretary.
       ``(D) Timing of payment.--Producers on a farm that make a 
     pre-harvest election under this paragraph shall receive the 
     loan payment applicable to the quantity of the loan commodity 
     subject to the election only after--
       ``(i) the quantity of the loan commodity on the farm is 
     harvested; and
       ``(ii) sufficient documentation regarding the quantity of 
     the loan commodity harvested on the farm has been provided to 
     the Secretary.''; and
       (3) by striking subsections (e) and (f) and inserting the 
     following:
                                  ____

  SA 2552. Mr. CRAPO (for himself and Mr. Craig) submitted an amendment 
intended to be proposed by him 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; which was ordered to lie on the 
table; as follows:

       Beginning on page 248, strike lines 9 and all that follows 
     through page 249 line 15 and insert the following:
       ``(b) Exceptions.--For states in which the Governor has 
     elected not to participate in the program, acreage under this 
     program shall be available for enrollment under the 
     conditions of subchapter B of chapter 1.''
       ``(c) Enrollment of Eligible Land.--
       ``(1) CRP acreage limit.--The Secretary shall enroll in the 
     program not more than 1,100,000 acres, which shall count 
     against the number of acres enrolled in the conservation 
     reserve program under section 1231(d).
       ``(2) Timing.--To the maximum extent practicable, an 
     enrollment under paragraph (1) shall occur during the 
     enrollment period for the conservation reserve program.
       ``(3) Priority in enrollment.--In enrolling eligible land 
     in the program, the Secretary shall give priority to land 
     with associated water or water rights that--
       ``(A) could be used to significantly advance the goals of 
     Federal, State, Tribal and local fish, wildlife, and plant 
     conservation plans, including--
       ``(i) plans that address multiple endangered species, 
     sensitive species, or threatened species; or
       ``(ii) agreements entered into, or conservation plans 
     submitted, under section 6 or 10(a)(2)(A) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1535, 1529(a)(2)(A)), 
     respectively; or
       ``(B) would benefit fish, wildlife, or plants of 1 or more 
     refuges within the National Wildlife Refuge System.
       ``(4) Nonparticipating states.--In the case of a State that 
     elects not to participate in the program, the Secretary shall 
     give, to applications from landowners in the State to enroll 
     land in the conservation reserve program under subchapter B 
     of chapter 1, priority that is equal to the priority given 
     under paragraph (3) to applications from landowners in States 
     participating in the program.
       ``(5) Enrollment authority.--The priority''.
                                  ____

  SA 2553. Mr. CRAPO (for himself and Mr. Craig) submitted an amendment 
intended to be proposed by him 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; which was ordered to lie on the 
table; as follows:

       Strike section 215.
                                  ____

  SA 2554. Mr. CRAPO submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 249, strike line 14 and insert the following:
       ``(4) Nonparticipating states.--In the case of a State that 
     elects not to participate in the program--
       ``(A) the Secretary shall give, to applications from 
     landowners in the State to enroll land in the conservation 
     reserve program under subchapter B of chapter 1, priority 
     that is equal to the priority given under paragraph (3) to 
     applications from landowners in States participating in the 
     program; and
       ``(B) notwithstanding paragraph (1), land-owners in the 
     State may enroll in the conservation reserve program under 
     subchapter B of chapter 1 such acreage as the landowners in 
     the State would have enrolled in the program if the State had 
     elected to participate in the program.
       ``(5) Enrollment authority.--The priority''.
                                  ____

  SA 2555. Mr. CRAPO submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       Strike section 132 and insert the following:

     SEC. 132. DAIRY 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. DAIRY 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--
       ``(A) milk regardless of the utilization of the milk for 
     the applicable year; or
       ``(B)(i) milk regardless of the utilization of the milk for 
     the applicable year; and
       ``(ii) other 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--
       ``(i) milk regardless of the utilization of the milk for 
     the applicable year; or
       ``(ii) milk regardless of the utilization of the milk for 
     the applicable year and other agricultural commodities 
     (including livestock but excluding tobacco) on a farm or 
     ranch;
       ``(B) has a substantial beneficial interest in the 
     production of the milk and other agricultural commodities on 
     the farm of the producer;
       ``(C)(i) during each of the preceding 5 taxable years, has 
     filed--
       ``(I) a schedule F of the Federal income tax returns; or

[[Page 26042]]

       ``(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 $20,000 in average adjusted 
     gross revenue for each of 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 adjusted gross revenue for 
     each of the preceding 5 taxable years, has at least $20,000 
     in estimated income from all agricultural enterprises for the 
     applicable year, as determined by the Secretary.
       ``(b) Establishment.--A producer may establish a dairy 
     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) Dairy Account Capitalization Payments.--
       ``(1) In general.--The Secretary shall in fiscal year 2002 
     provide a capitalization payment to the account of an 
     eligible producer--
       ``(A) in the same manner as supplemental payments for dairy 
     producers were administered by the Secretary pursuant to 
     section 805 of Pub. L. 106-387;
       ``(B) for the average of the production of the producer for 
     the years 1998, 1999, and 2000, not to exceed 39,000 cwt. for 
     a year; and
       ``(C) at the same per unit rate as provided by the 
     Secretary in section 805 of Pub. L. 106-387.
       ``(2) Limitation.--Capitalization payments under this 
     subsection shall not exceed $500,000,000 in fiscal year 2002, 
     and shall not be made available in subsequent fiscal years.
       ``(3) A capitalization payment under this subsection may 
     only be provided to an account of a producer in a bank or 
     savings institution approved by the Secretary.
       ``(d) Content of Account.--A dairy counter-cyclical savings 
     account shall consist--
       ``(1) of contributions of the producer;
       ``(2) for fiscal year 2002, the amount of the 
     capitalization fund for which the producer is eligible, as 
     determined by the Secretary; and
       ``(2) for fiscal years 2003-2005, matching contributions of 
     the Secretary.
       ``(e) Producer Contributions.--
       ``(1) In general.--Subject to paragraph (2), a producer may 
     deposit such amounts in the account of the producer as the 
     producer considers appropriate.
       ``(2) Maximum account balance.--The balance of an account 
     of a producer may not exceed 150 percent of the average 
     adjusted gross revenue of the producer.
       ``(f) Matching Contributions.--
       ``(1) In general.--Subject to paragraphs (2) through (4), 
     the Secretary shall provide to the account of the producer a 
     matching contribution that is equal to, and may not exceed, 
     the amount deposited by the producer into the account.
       ``(2) Maximum contributions for all producers.--The total 
     amount of matching contributions that may be provided by the 
     Secretary for all producers under this subsection in addition 
     to the capitalization payments under subsection (c) shall not 
     exceed $1,400,000,000 during the period covering fiscal years 
     2003 through 2005.
       ``(3) Date for matching contributions.--The Secretary shall 
     provide the matching contributions for an applicable year 
     required for a producer under paragraph (1) as of the date 
     that a majority of the covered commodities grown by the 
     producer are harvested.
       ``(g) 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.
       ``(h) 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.
       ``(i) Withdrawal.--
       ``(1) In general.--Subject to paragraph (2), a producer may 
     withdraw funds from the account if the estimated adjusted 
     gross revenue of the producer for the applicable year is less 
     than the average adjusted gross revenue of the producer.
       ``(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.
       ``(j) Funding.--From the funds of the Commodity Credit 
     Corporation, the Secretary shall make available--
       ``(1) $500,000,000 under subsection (c) for the 
     capitalization payments in fiscal year 2002; and
       ``(2) $1,400,000,000 for matching contributions under 
     subsection (f)(2)(A) for the period covering fiscal years 
     2003-2005.''.
                                  ____

  SA 2556. Mr. SESSIONS submitted an amendment intended to be proposed 
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 which was ordered to lie on the table; as 
follows:

       At the end of subtitle C of title X, add the following:

     SEC. __. ANIMAL DRUGS.

       (a) Short Title.--This section may be cited as the ``Minor 
     Use and Minor Species Animal Health Act of 2001''.
       (b) Findings.--Congress makes the following findings:
       (1) There is a severe shortage of approved new animal drugs 
     for use in minor species.
       (2) There is a severe shortage of approved new animal drugs 
     for treating animal diseases and conditions that occur 
     infrequently or in limited geographic areas.
       (3) Because of the small market shares, low-profit margins 
     involved, and capital investment required, it is generally 
     not economically feasible for new animal drug sponsors to 
     pursue approvals for these species, diseases, and conditions.
       (4) Because the populations for which such new animal drugs 
     are intended may be small and conditions of animal management 
     may vary widely, it is often difficult to design and conduct 
     studies to establish drug safety and effectiveness under 
     traditional new animal drug approval processes.
       (5) It is in the public interest and in the interest of 
     animal welfare to provide for special procedures to allow the 
     lawful use and marketing of certain new animal drugs for 
     minor species and minor uses that take into account these 
     special circumstances and that ensure that such drugs do not 
     endanger animal or public health.
       (6) Exclusive marketing rights and tax credits for clinical 
     testing expenses have helped encourage the development of 
     ``orphan'' drugs for human use, and comparable incentives 
     should encourage the development of new animal drugs for 
     minor species and minor uses.
       (c) Definitions.--Section 201 of the Federal, Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321) is amended by adding at the 
     end the following:
       ``(kk) The term `major species' means cattle, horses, 
     swine, chickens, turkeys, dogs, and cats, except that the 
     Secretary may revise this definition by regulation.
       ``(ll) The term `minor species' means animals other than 
     humans that are not major species.
       ``(mm) The term `minor use' means the intended use of a 
     drug in a major species for an indication that occurs 
     infrequently or in limited geographical areas.''.
       (d) Three-Year Exclusivity for Minor Use and Minor Species 
     Approvals.--Section 512(c)(2)(F) (ii), (iii), and (v) of the 
     Federal Food, Drug, and Cosmetic Act is amended by striking 
     ``(other than bioequivalence or residue studies)'' and 
     inserting ``(other than bioequivalence studies or final 
     residue depletion studies, except final residue depletion 
     studies for minor uses or minor species)'' every place it 
     appears.
       (e) Scope of Review for Minor Use and Minor Species 
     Applications.-- Section 512(d) of the Federal Food, Drug, and 
     Cosmetic Act is amended by adding at the end the following 
     new paragraph:
       ``(5) In reviewing an application that proposes a change to 
     add an intended use for a minor use or a minor species to an 
     approved new animal drug application, the Secretary shall 
     reevaluate only the relevant information in the approved 
     application to determine whether the application for the 
     minor use or minor species can be approved. A decision to 
     approve the application for the minor use or minor species is 
     not, implicitly or explicitly, a reaffirmation of the 
     approval of the original application.''.
       (f) Minor Use and Minor Species New Animal Drugs.--Chapter 
     V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 
     et seq.) is amended by adding at the end the following:

    ``Subchapter F--New Animal Drugs For Minor Use And Minor Species

     ``SEC. 571. CONDITIONAL APPROVAL OF NEW ANIMAL DRUGS FOR 
                   MINOR USE AND MINOR SPECIES.

       ``(a)(1) Except as provided in paragraph (3) of this 
     section, any person may file with the Secretary an 
     application for conditional approval of a new animal drug 
     intended for a minor use or a minor species. Such an 
     application may not be a supplement to an application 
     approved under section 512. Such application must comply in 
     all respects with the provisions of section 512 of this Act 
     except sections 512(b)(2), 512(c)(1), 512(c)(2), 512(c)(3), 
     512(d)(1), 512(e), 512(h), and 512(n) unless otherwise stated 
     in this section, and any additional provisions of this 
     section.
       ``(2) The applicant shall submit to the Secretary as part 
     of an application for the conditional approval of a new 
     animal drug--
       ``(A) all information necessary to meet the requirements of 
     section 512(b)(1) except section 512(b)(1)(A);
       ``(B) full reports of investigations which have been made 
     to show whether or not such drug is safe and there is a 
     reasonable expectation of effectiveness for use;

[[Page 26043]]

       ``(C) data for establishing a conditional dose;
       ``(D) projections of expected need and the justification 
     for that expectation based on the best information available;
       ``(E) information regarding the quantity of drug expected 
     to be distributed on an annual basis to meet the expected 
     need; and
       ``(F) a commitment that the applicant will conduct 
     additional investigations to meet the requirements for the 
     full demonstration of effectiveness under section 
     512(d)(1)(E) within 5 years.
       ``(3) A person may not file an application under paragraph 
     (1) if without adequate justification--
       ``(A) the person has previously filed an application for 
     conditional approval under paragraph (1) for the same drug, 
     conditions of use, and dosage form whether or not 
     subsequently conditionally approved by the Secretary under 
     subsection (b), or
       ``(B) the person obtained the application, or data or other 
     information contained therein, directly or indirectly from 
     the person who filed for conditional approval under paragraph 
     (1) for the same drug and conditions of use whether or not 
     subsequently conditionally approved by the Secretary under 
     subsection (b).
       ``(b) Within 180 days after the filing of an application 
     pursuant to subsection (a), or such additional period as may 
     be agreed upon by the Secretary and the applicant, the 
     Secretary shall either--
       ``(1) issue an order, effective for one year, conditionally 
     approving the application if the Secretary finds that none of 
     the grounds for denying conditional approval, specified in 
     subsection (c) of this section applies, or
       ``(2) give the applicant notice of an opportunity for an 
     informal hearing on the question whether such application can 
     be conditionally approved.
       ``(c) If the Secretary finds, after giving the applicant 
     notice and an opportunity for an informal hearing, that--
       ``(1) any of the provisions of section 512(d)(1) (A) 
     through (D) or (F) through (I) are applicable;
       ``(2) the information submitted to the Secretary as part of 
     the application and any other information before the 
     Secretary with respect to such drug, is insufficient to show 
     that there is a reasonable expectation that the drug will 
     have the effect it purports or is represented to have under 
     the conditions of use prescribed, recommended, or suggested 
     in the proposed labeling thereof; or
       ``(3) another person has received approval under section 
     512 for a drug with the same active ingredient or 
     ingredients, the same conditions of use, and the same dosage 
     form and that person is able to assure the availability of 
     sufficient quantities of the drug to meet the needs for which 
     the drug is intended;

     the Secretary shall issue an order refusing to conditionally 
     approve the application.
       If, after such notice and opportunity for an informal 
     hearing, the Secretary finds that paragraphs (1) through (3) 
     do not apply, the Secretary shall issue an order 
     conditionally approving the application effective for one 
     year. Any order issued under this subsection refusing to 
     conditionally approve an application shall state the findings 
     upon which it is based.
       ``(d) A conditional approval under this section is 
     effective for a 1-year period and is thereafter renewable by 
     the Secretary annually for up to 4 additional 1-year terms. A 
     conditional approval shall be in effect for no more than 5 
     years from the date of approval under subsection (b)(1) or 
     (c) of this section unless extended as provided for in 
     subsection (h) of this section. The following shall also 
     apply:
       ``(1) No later than 90 days from the end of the 1-year 
     period for which the original or renewed conditional approval 
     is effective, the applicant may submit a request to renew a 
     conditional approval for an additional 1-year term.
       ``(2) If the renewal request is submitted no later than 90 
     days from the end of the 1-year period, a conditional 
     approval shall be deemed renewed at the end of the 1-year 
     period, or at the end of an additional 90-day extension when 
     deemed necessary to complete review of an application, unless 
     the Secretary makes a written determination before the 
     expiration of the 1-year period or the 90-day extension 
     that--
       ``(A) the request fails to contain sufficient information 
     to show that--
       ``(i) the applicant is making sufficient progress toward 
     meeting approval requirements under section 512(d)(1)(E), and 
     is likely to be able to fulfill those requirements and obtain 
     an approval under section 512 before the expiration of the 5-
     year maximum term of the conditional approval;
       ``(ii) the quantity of the drug that has been distributed 
     is consistent with the intended use, unless there is adequate 
     explanation that ensures that the drug is only used for its 
     intended purpose; or
       ``(iii) no other drug with the same active ingredient or 
     ingredients, for the same conditions of use, and dosage form 
     has received approval under section 512, or if such a drug 
     has been approved, that the holder of the approved 
     application is unable to assure the availability of 
     sufficient quantities of the drug to meet the needs for which 
     the drug is intended; or
       ``(B) 1 or more of the conditions of section 512(e)(1) (A) 
     through (B) and (D) through (F) are met.
       ``(3) If the Secretary makes a timely written determination 
     that a conditional approval should not be renewed, or the 
     applicant fails to submit a timely renewal request, the 
     Secretary shall issue an order refusing to renew the 
     conditional approval, and such conditional approval shall be 
     deemed withdrawn and no longer in effect. The Secretary shall 
     thereafter provide an opportunity for an informal hearing to 
     the applicant on the issue whether the conditional approval 
     shall be reinstated.


       ``(e)(1) The Secretary shall issue an order withdrawing 
     conditional approval of an application filed pursuant to 
     subsection (a) if the Secretary finds that another person has 
     received approval under section 512 for a drug with the same 
     active ingredient or ingredients, the same conditions of use, 
     and dosage form, and that person is able to assure the 
     availability of sufficient quantities of the drug to meet the 
     needs for which the drug is intended.
       ``(2) The Secretary shall, after due notice and opportunity 
     for an informal hearing to the applicant, issue an order 
     withdrawing conditional approval of an application filed 
     pursuant to subsection (a) if the Secretary finds that--
       ``(A) any of the provisions of section 512(e)(1) (A) 
     through (B) or (D) through (F) are applicable; or
       ``(B) on the basis of new information before the Secretary 
     with respect to such drug, evaluated together with the 
     evidence available to the Secretary when the application was 
     conditionally approved, that there is not a reasonable 
     expectation that such drug will have the effect it purports 
     or is represented to have under the conditions of use 
     prescribed, recommended, or suggested in the labeling 
     thereof.
       ``(3) The Secretary may also, after due notice and 
     opportunity for an informal hearing to the applicant, issue 
     an order withdrawing conditional approval of an application 
     filed pursuant to subsection (a) if the Secretary finds that 
     any of the provisions of section 512(e)(2) are applicable.
       ``(f)(1) The label and labeling of a new animal drug with a 
     conditional approval under this section shall--
       ``(A) bear the statement, `conditionally approved by FDA 
     pending a full demonstration of effectiveness under 
     application [number]'; and
       ``(B) contain such other information as prescribed by the 
     Secretary.
       ``(2) An intended use that is the subject of a conditional 
     approval under this section shall not be included in the same 
     product label with any intended use approved under section 
     512.
       ``(g) A conditionally-approved new animal drug application 
     may not be amended or supplemented to add indications for 
     use.
       ``(h) 180 days prior to the termination date established 
     under subsection (d)(1) of this section, a sponsor shall have 
     submitted all the information necessary to support a complete 
     new animal drug application in accordance with section 
     512(b)(1) or the conditional approval issued under this 
     section is no longer in effect. Upon receipt of this 
     information, the Secretary shall either--
       ``(1) issue an order approving the application if the 
     Secretary finds that none of the grounds for denying approval 
     specified in section 512(d)(1) applies, or
       ``(2) give the sponsor an opportunity for a hearing before 
     the Secretary under section 512(d) on the question whether 
     such application can be approved.

     Upon issuance of an order approving the application, product 
     labeling and administrative records of approval shall be 
     modified accordingly. If the Secretary has not issued an 
     order under section 512(c) approving such application prior 
     to the termination date established under subsection (d)(1) 
     of this section, the conditional approval issued under this 
     section is no longer in effect unless the Secretary grants an 
     extension of an additional 180-day period so that the 
     Secretary can complete review of the application. The 
     decision to grant an extension is committed to Agency 
     discretion and not subject to judicial review.
       ``(i) The decision of the Secretary under subsection (c), 
     (d), or (e) of this section, refusing or withdrawing 
     conditional approval of an application shall constitute final 
     agency action subject to judicial review.

     ``SEC. 572. INDEX OF LEGALLY-MARKETED UNAPPROVED NEW ANIMAL 
                   DRUGS FOR MINOR SPECIES.

       ``(a) The Secretary shall establish an index of unapproved 
     minor species new animal drugs that may be lawfully marketed 
     for use in minor species. The index shall be limited to--
       ``(1) new animal drugs intended for use in a minor species 
     for which there is a reasonable certainty that the animal or 
     edible products from the animal will not be consumed by 
     humans, and
       ``(2) new animal drugs intended for use in an early life 
     stage of a food-producing minor species where human food 
     safety can be demonstrated in accordance with the standard of 
     section 512(d) by showing that--

[[Page 26044]]

       ``(A) there is no significant likelihood that harmful 
     residues will be present in the animal presented as food for 
     humans as a result of treatment at the early life stage;
       ``(B) there is no significant likelihood that harmful 
     residues will be present in the animal presented as food for 
     food-producing animals as a result of treatment at the early 
     life stage; and
       ``(C) there are no concerns about the use of the drug at 
     later life stages because a tolerance and regulatory method 
     to test for the drug at later life stages are available or 
     there is no practical use for the drug in later life stages.
       ``(b) Any person intending to file a request under this 
     section shall be entitled to one or more conferences to 
     discuss the requirements for indexing a new animal drug.
       ``(c)(1) Any person may submit a request to the Secretary 
     for a determination whether a new animal drug may be eligible 
     for inclusion in the index. Such a request shall include--
       ``(A) information regarding the need for the new animal 
     drug, the species for which the new animal drug is intended, 
     the proposed intended use and conditions of use, and 
     anticipated annual distribution;
       ``(B) information to support the conclusion that the 
     proposed use meets the conditions of subsection (a)(1) or 
     (a)(2) of this section;
       ``(C) information regarding the components and composition 
     of the new animal drug;
       ``(D) a description of the methods used in, and the 
     facilities and controls used for, the manufacture, 
     processing, and packing of such new animal drug;
       ``(E) an environmental assessment or information to support 
     a categorical exclusion from the requirement to prepare an 
     environmental assessment;
       ``(F) information sufficient to support the conclusion that 
     the proposed use of the new animal drug does not present a 
     threat to the safety of individuals exposed to the new animal 
     drug through its manufacture or use; and
       ``(G) such other information as the Secretary may deem 
     necessary to make this eligibility determination.
       ``(2) Within 90 days after the submission of a request for 
     a determination of eligibility for indexing based on 
     subsection (a)(1) of this section, or 180 days for a request 
     submitted based on subsection (a)(2) of this section, the 
     Secretary shall grant or deny the request, and notify the 
     person who requested such determination of the Secretary's 
     decision. The Secretary shall grant the request if the 
     Secretary finds that--
       ``(A) no new animal drug, including the same active 
     ingredient or any salt or ester thereof is approved or 
     conditionally approved in the same dosage form for the same 
     intended use;
       ``(B) the proposed use does not raise concerns related to 
     safety; and
       ``(C) the person requesting the determination has 
     established appropriate specifications for the manufacture 
     and control of the new animal drug and has demonstrated an 
     understanding of the requirements of current good 
     manufacturing practices.

     If the Secretary denies the request, the Secretary shall 
     thereafter provide due notice and an opportunity for an 
     informal conference. The decision of the Secretary following 
     an informal conference shall constitute final agency action 
     subject to judicial review.
       ``(d)(1) With respect to a new animal drug for which the 
     Secretary has made a determination of eligibility under 
     subsection (b), the person who made such a request may ask 
     that the Secretary add the new animal drug to the index 
     established under subsection (a). The request for addition to 
     the index shall include--
       ``(A) a copy of the Secretary's determination of 
     eligibility issued under subsection (b);
       ``(B) a written report that meets the requirements in 
     subsection (d)(2) of this section;
       ``(C) a proposed index entry;
       ``(D) facsimile labeling;
       ``(E) anticipated annual distribution of the new animal 
     drug;
       ``(F) a written commitment to manufacture the new animal 
     drug according to current good manufacturing practices;
       ``(G) a written commitment to label, distribute, and 
     promote the new animal drug only in accordance with the index 
     entry;
       ``(H) upon specific request of the Secretary, information 
     submitted to the expert panel described in paragraph (3); and
       ``(I) any additional requirements that the Secretary may 
     prescribe by general regulation or specific order.
       ``(2) The report required in paragraph (1) shall--
       ``(A) be authored by a qualified expert panel;
       ``(B) include an evaluation of all available target animal 
     safety and effectiveness information, including anecdotal 
     information;
       ``(C) state the expert panel's opinion regarding whether 
     the benefits of using the new animal drug for the proposed 
     use in a minor species outweigh its risks, taking into 
     account the harm being caused by the absence of an approved 
     or conditionally-approved new animal drug for the minor 
     species in question;
       ``(D) include information upon which labeling can be 
     written; and
       ``(E) include a recommendation regarding whether the new 
     animal drug should be limited to use under the professional 
     supervision of a licensed veterinarian.
       ``(3) A qualified expert panel, as used in this section, is 
     a panel that--
       ``(A) is composed of experts qualified by scientific 
     training and experience to evaluate the target animal safety 
     and effectiveness of the new animal drug under consideration;
       ``(B) operates external to FDA; and
       ``(C) is not subject to the Federal Advisory Committee Act, 
     5 U.S.C. App.2.

     The Secretary shall define the criteria for selection of a 
     qualified expert panel and the procedures for the operation 
     of the panel by regulation.
       ``(4) Within 180 days after the receipt of a request for 
     listing a new animal drug in the index, the Secretary shall 
     grant or deny the request. The Secretary shall grant the 
     request if the request for indexing continues to meet the 
     eligibility criteria in subsection (a) and the Secretary 
     finds, on the basis of the report of the qualified expert 
     panel and other information available to the Secretary, that 
     the benefits of using the new animal drug for the proposed 
     use in a minor species outweigh its risks, taking into 
     account the harm caused by the absence of an approved or 
     conditionally-approved new animal drug for the minor species 
     in question. If the Secretary denies the request, the 
     Secretary shall thereafter provide due notice and the 
     opportunity for an informal conference. The decision of the 
     Secretary following an informal conference shall constitute 
     final agency action subject to judicial review.
       ``(e)(1) The index established under subsection (a) shall 
     include the following information for each listed drug--
       ``(A) the name and address of the person who holds the 
     index listing;
       ``(B) the name of the drug and the intended use and 
     conditions of use for which it is being indexed;
       ``(C) product labeling; and
       ``(D) conditions and any limitations that the Secretary 
     deems necessary regarding use of the drug.
       ``(2) The Secretary shall publish the index, and revise it 
     periodically.
       ``(3) The Secretary may establish by regulation a process 
     for reporting changes in the conditions of manufacturing or 
     labeling of indexed products.
       ``(f)(1) If the Secretary finds, after due notice to the 
     person who requested the index listing and an opportunity for 
     an informal conference, that--
       ``(A) the expert panel failed to meet the requirements as 
     set forth by the Secretary by regulation;
       ``(B) on the basis of new information before the Secretary, 
     evaluated together with the evidence available to the 
     Secretary when the new animal drug was listed in the index, 
     the benefits of using the new animal drug for the indexed use 
     do not outweigh its risks;
       ``(C) the conditions of subsection (c)(2) of this section 
     are no longer satisfied;
       ``(D) the manufacture of the new animal drug is not in 
     accordance with current good manufacturing practices;
       ``(E) the labeling, distribution, or promotion of the new 
     animal drug is not in accordance with the index entry;
       ``(F) the conditions and limitations of use associated with 
     the index listing have not been followed; or
       ``(G) the request for indexing contains any untrue 
     statement of material fact,

     the Secretary shall remove the new animal drug from the 
     index. The decision of the Secretary following an informal 
     conference shall constitute final agency action subject to 
     judicial review.
       ``(2) If the Secretary finds that there is a reasonable 
     probability that the use of the drug would adversely affect 
     the health of humans or other animals, the Secretary may--
       ``(A) suspend the listing of such drug immediately;
       ``(B) give the person listed in the index prompt notice of 
     the Secretary's action; and
       ``(C) afford that person the opportunity for an informal 
     conference.

     The decision of the Secretary following an informal 
     conference shall constitute final agency action subject to 
     judicial review.
       ``(g) For purposes of indexing new animal drugs under this 
     section, to the extent consistent with the public health, the 
     Secretary shall promulgate regulations for exempting from the 
     operation of section 512 minor species new animal drugs and 
     animal feeds bearing or containing new animal drugs intended 
     solely for investigational use by experts qualified by 
     scientific training and experience to investigate the safety 
     and effectiveness of minor species animal drugs. Such 
     regulations may, at the discretion of the Secretary, among 
     other conditions relating to the protection of the public 
     health, provide for conditioning such exemption upon the 
     establishment and maintenance of such records, and the making 
     of such reports to the Secretary, by the manufacturer or the 
     sponsor of the investigation of such article, of data 
     (including but not limited to analytical reports by 
     investigators) obtained as a result of such investigational 
     use of such article, as the Secretary finds will enable the

[[Page 26045]]

     Secretary to evaluate the safety and effectiveness of such 
     article in the event of the filing of a request for an index 
     listing pursuant to this section.
       ``(h) The labeling of a new animal drug that is the subject 
     of an index listing shall state, prominently and 
     conspicuously--
       ``(1) `Not approved by FDA.--Legally marketed as an FDA 
     indexed product. Extra-label use is prohibited.';
       ``(2) except in the case of new animal drugs indexed for 
     use in an early life stage of a food producing animal, `This 
     product is not to be used in animals intended for use as food 
     for humans or other animals.'; and
       ``(3) such other information as may be prescribed by the 
     Secretary in the index listing.
       ``(i)(1) In the case of any new animal drug for which an 
     index listing pursuant to subsection (a) is in effect, the 
     person who has an index listing shall establish and maintain 
     such records, and make such reports to the Secretary, of data 
     relating to experience, and other data or information, 
     received or otherwise obtained by such person with respect to 
     such drug, or with respect to animal feeds bearing or 
     containing such drug, as the Secretary may by general 
     regulation, or by order with respect to such listing, 
     prescribe on the basis of a finding that such records and 
     reports are necessary in order to enable the Secretary to 
     determine, or facilitate a determination, whether there is or 
     may be ground for invoking subsection (f). Such regulation or 
     order shall provide, where the Secretary deems it to be 
     appropriate, for the examination, upon request, by the 
     persons to whom such regulation or order is applicable, of 
     similar information received or otherwise obtained by the 
     Secretary.
       ``(2) Every person required under this subsection to 
     maintain records, and every person in charge or custody 
     thereof, shall, upon request of an officer or employee 
     designated by the Secretary, permit such officer or employee 
     at all reasonable times to have access to and copy and verify 
     such records.
       ``(j)(1) Safety and effectiveness data and information 
     which has been submitted in support of a request for a new 
     animal drug to be indexed under this section and which has 
     not been previously disclosed to the public shall be made 
     available to the public, upon request, unless extraordinary 
     circumstances are shown--
       ``(A) if no work is being or will be undertaken to have the 
     drug indexed in accordance with the request,
       ``(B) if the Secretary has determined that such drug cannot 
     be indexed and all legal appeals have been exhausted,
       ``(C) if the indexing of such drug is terminated and all 
     legal appeals have been exhausted, or
       ``(D) if the Secretary has determined that such drug is not 
     a new animal drug.
       ``(2) Any request for data and information pursuant to 
     paragraph (1) shall include a verified statement by the 
     person making the request that any data or information 
     received under such paragraph shall not be disclosed by such 
     person to any other person--
       ``(A) for the purpose of, or as part of a plan, scheme, or 
     device for, obtaining the right to make, use, or market, or 
     making, using, or marketing, outside the United States, the 
     drug identified in the request for indexing; and
       ``(B) without obtaining from any person to whom the data 
     and information are disclosed an identical verified 
     statement, a copy of which is to be provided by such person 
     to the Secretary, which meets the requirements of this 
     paragraph.

     ``SEC. 573. DESIGNATED NEW ANIMAL DRUGS FOR MINOR USE OR 
                   MINOR SPECIES.

       ``(a) Designation.--
       ``(1) The manufacturer or the sponsor of a new animal drug 
     for a minor use or use in a minor species may request that 
     the Secretary declare that drug a `designated new animal 
     drug'. A request for designation of a new animal drug shall 
     be made before the submission of an application under section 
     512(b) or section 571 for the new animal drug.
       ``(2) The Secretary may declare a new animal drug a 
     `designated new animal drug' for an intended use if--
       ``(A) it is intended for a minor use or use in a minor 
     species; and
       ``(B) a new animal drug containing the same active 
     ingredient, including any salt or ester of the active 
     ingredient, for the same intended use, in the same species, 
     and in the same dosage form is not approved under section 512 
     or section 571 or designated for the intended use at the time 
     the request is made.
       ``(3) Regarding the termination of a designation--
       ``(A) the sponsor of a new animal drug shall notify the 
     Secretary of any decision to discontinue active pursuit of 
     approval under section 512 or 571 of an application for a 
     designated new animal drug. The Secretary shall terminate the 
     designation upon such notification;
       ``(B) the Secretary may also terminate designation if the 
     Secretary independently determines that the sponsor is not 
     actively pursuing approval under section 512 or 571 with due 
     diligence;
       ``(C) the sponsor of an approved designated new animal drug 
     shall notify the Secretary of any discontinuance of the 
     manufacture of such new animal drug at least one year before 
     discontinuance. The Secretary shall terminate the designation 
     upon such notification; and
       ``(D) the designation shall terminate upon the expiration 
     of any applicable exclusivity period under subsection (c).
       ``(4) Notice respecting the designation or termination of 
     designation of a new animal drug shall be made available to 
     the public.
       ``(b) Grants and Contracts for Development of Designated 
     New Animal Drugs.--
       ``(1) The Secretary may make grants to and enter into 
     contracts with public and private entities and individuals to 
     assist in defraying the costs of qualified safety and 
     effectiveness testing expenses and manufacturing expenses 
     incurred in connection with the development of designated new 
     animal drugs.
       ``(2) For purposes of paragraph (1) of this section--
       ``(A) The term `qualified safety and effectiveness testing' 
     means testing--
       ``(i) which occurs after the date such new animal drug is 
     designated under this section and before the date on which an 
     application with respect to such drug is submitted under 
     section 512 or 571; and
       ``(ii) which is carried out under an investigational 
     exemption under section 512(j).
       ``(B) The term `manufacturing expenses' means expenses 
     incurred in developing processes and procedures associated 
     with manufacture of the designated new animal drug which 
     occur after the new animal drug is designated under this 
     section and before the date on which an application with 
     respect to such new animal drug is submitted under section 
     512 or section 571.
       ``(3) There is authorized to be appropriated to carry out 
     this subsection $1,000,000 for the fiscal year following 
     publication of final implementing regulations, $2,000,000 for 
     the subsequent fiscal year and such sums as may be necessary 
     for each fiscal year thereafter.
       ``(c) Exclusivity for Designated New Animal Drugs.--
       ``(1) Except as provided in subsection (c)(2), if the 
     Secretary--
       ``(A) approves or conditionally approves an application for 
     a designated new animal drug, and no active ingredient 
     (including any salt or ester of the active ingredient) of 
     that designated new animal drug has been approved or 
     conditionally approved previously, the Secretary may not 
     approve or conditionally approve another application 
     submitted for a new animal drug with the same active 
     ingredient and intended use as the designated new animal drug 
     for another applicant before the expiration of ten years from 
     the date of the approval or conditional approval of the 
     application.
       ``(B) approves or conditionally approves an application for 
     a designated new animal drug, and an active ingredient 
     (including an ester or salt of the active ingredient) of that 
     designated new animal drug has been approved or conditionally 
     approved previously, the Secretary may not approve or 
     conditionally approve another application submitted for a new 
     animal drug with the same active ingredient and intended use 
     as the designated new animal drug for another applicant 
     before the expiration of seven years from the date of 
     approval or conditional approval of the application.
       ``(2) If an application filed pursuant to section 512 or 
     section 571 is approved for a designated new animal drug, the 
     Secretary may, during the 10-year or 7-year exclusivity 
     period beginning on the date of the application approval or 
     conditional approval, approve or conditionally approve 
     another application under section 512 or section 571 for such 
     drug for such minor use or minor species for another 
     applicant if--
       ``(A) the Secretary finds, after providing the holder of 
     such an approved application notice and opportunity for the 
     submission of views, that in the granted exclusivity period 
     the holder of the approved application cannot assure the 
     availability of sufficient quantities of the drug to meet the 
     needs for which the drug was designated; or
       ``(B) such holder provides written consent to the Secretary 
     for the approval or conditional approval of other 
     applications before the expiration of such exclusivity 
     period.''.
       (g) Conforming Amendments.--
       (1) Section 201(u) of the Federal Food, Drug, and Cosmetic 
     Act is amended by striking ``512'' and inserting ``512, 
     571''.
       (2) Section 201(v) of the Federal Food, Drug, and Cosmetic 
     Act is amended by inserting the following after paragraph 
     (2): ``Provided that any drug intended for minor use or use 
     in a minor species that is not the subject of a final 
     regulation published by the Secretary through notice and 
     comment rulemaking finding that the criteria of paragraphs 
     (1) and (2) or of section 108 of Public Law 90-399 have been 
     met is a new animal drug.''.
       (3) Section 301(e) of the Federal Food, Drug, and Cosmetic 
     Act is amended by striking ``512(a)(4)(C), 512(j), (l) or 
     (m)'' and inserting ``512(a)(4)(C), 512 (j), (l) or (m), 
     572(i).''
       (4) Section 301(j) of the Federal Food, Drug, and Cosmetic 
     Act is amended by deleting ``520'' and inserting ``520, 571, 
     572, 573.''
       (5) Section 502 of the Federal Food, Drug, and Cosmetic Act 
     is amended by adding at the end the following new subsection:
       ``(u) If it is a new animal drug--
       ``(1) that is conditionally approved under section 571 and 
     its labeling does not conform

[[Page 26046]]

     with the approved application or section 571(f), or that is 
     not conditionally approved under section 571 and its label 
     bears the statement set forth in section 571(f)(1)(A); or
       ``(2) that is indexed under section 572 and its labeling 
     does not conform with the index listing under section 572(e) 
     or 572(h), or that has not been indexed under section 572 and 
     its label bears the statement set forth in section 572(h).''.
       (6) Section 503(f) of the Federal Food, Drug, and Cosmetic 
     Act is amended by--
       (A) in paragraph (1)(A)(ii) by striking ``512'' and 
     inserting ``512, a conditionally-approved application under 
     section 571, or an index listing under section 572''; and
       (B) in paragraph (3) by striking ``section 512'' and 
     inserting ``section 512, 571, or 572''.
       (7) Section 504(a)(1) of the Federal Food, Drug, and 
     Cosmetic Act is amended by striking ``512(b)'' and inserting 
     ``512(b), a conditionally-approved application filed pursuant 
     to section 571, or an index listing pursuant to section 
     572''.
       (8) Sections 504(a)(2)(B) and 504(b) of the Federal Food, 
     Drug, and Cosmetic Act are amended by striking ``512(i)'' 
     each place it appears and inserting ``512(i), or the index 
     listing pursuant to section 572(e)''.
       (9) Section 512(a) of the Federal Food, Drug, and Cosmetic 
     Act is amended by striking paragraphs (1) and (2) and 
     inserting the following:
       ``(1) A new animal drug shall, with respect to any 
     particular use or intended use of such drug, be deemed unsafe 
     for purposes of section 501(a)(5) and section 
     402(a)(2)(C)(ii) unless--
       ``(A) there is in effect an approval of an application 
     filed pursuant to subsection (b) with respect to such use or 
     intended use of such drug, and such drug, its labeling, and 
     such use conform to such approved application;
       ``(B) there is in effect a conditional approval of an 
     application filed pursuant to section 571 with respect to 
     such use or intended use of such drug, and such drug, its 
     labeling, and such use conform to such conditionally-approved 
     application; or
       ``(C) there is in effect an index listing pursuant to 
     section 572 with respect to such use or intended use of such 
     drug in a minor species, and such drug, its labeling, and 
     such use conform to such index listing.

     A new animal drug shall also be deemed unsafe for such 
     purposes in the event of removal from the establishment of a 
     manufacturer, packer, or distributor of such drug for use in 
     the manufacture of animal feed in any State unless at the 
     time of such removal such manufacturer, packer, or 
     distributor has an unrevoked written statement from the 
     consignee of such drug, or notice from the Secretary, to the 
     effect that, with respect to the use of such drug in animal 
     feed, such consignee (i) holds a license issued under 
     subsection (m) and has in its possession current approved 
     labeling for such drug in animal feed; or (ii) will, if the 
     consignee is not a user of the drug, ship such drug only to a 
     holder of a license issued under subsection (m).
       ``(2) An animal feed bearing or containing a new animal 
     drug shall, with respect to any particular use or intended 
     use of such animal feed be deemed unsafe for purposes of 
     section 501(a)(6) unless--
       ``(A) there is in effect--
       ``(i) an approval of an application filed pursuant to 
     subsection (b) with respect to such drug, as used in such 
     animal feed, and such animal feed and its labeling, 
     distribution, holding, and use conform to such approved 
     application;
       ``(ii) a conditional approval of an application filed 
     pursuant to section 571 with respect to such drug, as used in 
     such animal feed, and such animal feed and its labeling, 
     distribution, holding, and use conform to such conditionally-
     approved application; or
       ``(iii) an index listing pursuant to section 572 with 
     respect to such drug, as used in such animal feed, and such 
     animal feed and its labeling, distribution, holding, and use 
     conform to such index listing; and
       ``(B) such animal feed is manufactured at a site for which 
     there is in effect a license issued pursuant to subsection 
     (m)(1) to manufacture such animal feed.''.
       (10) Section 512(b)(3) of the Federal Food, Drug, and 
     Cosmetic Act is amended by striking ``under paragraph (1) or 
     a request for an investigational exemption under subsection 
     (j)'' and inserting ``under paragraph (1), section 571, or a 
     request for an investigational exemption under subsection 
     (j)''.
       (11) Section 512(d)(4) of the Federal Food, Drug, and 
     Cosmetic Act is amended by striking ``have previously been 
     separately approved'' and inserting ``have previously been 
     separately approved pursuant to an application submitted 
     under section 512(b)(1)''.
       (12) Section 512(f) of the Federal Food, Drug, and Cosmetic 
     Act is amended by striking ``subsection (d), (e), or (m)'' 
     and inserting ``subsection (d), (e), or (m), or section 571 
     (c), (d), or (e)''.
       (13) Section 512(g) of the Federal Food, Drug, and Cosmetic 
     Act is amended by striking ``this section'' and inserting 
     ``this section, or section 571''.
       (14) Section 512(i) of the Federal Food, Drug, and Cosmetic 
     Act is amended by striking ``subsection (b)'' and inserting 
     ``subsection (b) or section 571'' and by inserting ``or upon 
     failure to renew a conditional approval under section 571'' 
     after ``or upon its suspension''.
       (15) Section 512(l)(1) of the Federal Food, Drug, and 
     Cosmetic Act is amended by striking ``subsection (b)'' and 
     inserting ``subsection (b) or section 571''.
       (16) Section 512(m)(1)(C) of the Federal Food, Drug, and 
     Cosmetic Act is amended by striking ``applicable regulations 
     published pursuant to subsection (i)'' and inserting 
     ``applicable regulations published pursuant to subsection (i) 
     or for indexed new animal drugs in accordance with the index 
     listing published pursuant to section 572(e)(2) and the 
     labeling requirements set forth in section 572(h)''.
       (17) Section 512(m)(3) of the Federal Food, Drug, and 
     Cosmetic Act is amended by inserting ``or an index listing 
     pursuant to section 572(e)'' after ``subsection (i)''.
       (18) Section 512(p)(1) of the Federal Food, Drug, and 
     Cosmetic Act is amended by striking ``subsection (b)(1)'' and 
     inserting ``subsection (b)(1) or section 571(a)''.
       (19) Section 512(p)(2) of the Federal Food, Drug, and 
     Cosmetic Act is amended by striking ``subsection (b)(1)'' and 
     inserting ``subsection (b)(1) or section 571(a)''.
       (h) Regulations.--Not later than 18 months after the date 
     of enactment of this Act, the Secretary of Health and Human 
     Services shall issue proposed regulations to implement 
     section 572 of the Federal Food, Drug, and Cosmetic Act (as 
     added by this Act), and not later than 36 months after the 
     date of enactment of this Act, the Secretary shall issue 
     final regulations implementing such amendments. Not later 
     than 12 months after the date of enactment of this Act, the 
     Secretary of Health and Human Services shall issue proposed 
     regulations to implement section 573 of the Federal Food, 
     Drug, and Cosmetic Act (as added by this Act), and not later 
     than 24 months after the date of enactment of this Act, the 
     Secretary shall issue final regulations implementing such 
     amendments; provided that these timeframes shall be extended 
     by 12 months for each fiscal year in which the funds 
     authorized to be appropriated by this Act are not in fact 
     appropriated. The Secretary shall implement section 571 of 
     the Federal Food, Drug, and Cosmetic Act (as added by this 
     Act) on the date of enactment of this Act and subsequently 
     publish any needed implementing regulations.
       (i) Office.--The Secretary of Health and Human Services 
     shall establish within the Center of Veterinary Medicine (of 
     the Food and Drug Administration), an Office of Minor Use and 
     Minor Species Animal Drug Development that reports directly 
     to the Director of the Center for Veterinary Medicine. This 
     office shall be responsible for overseeing the development 
     and legal marketing of new animal drugs for minor uses and 
     minor species. There is authorized to be appropriated to 
     carry out this subsection $1,200,000 for fiscal year 2002 and 
     such sums as may be necessary for each fiscal year 
     thereafter.
                                  ____

  SA 2557. Mr. ALLEN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed 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; which was 
ordered to lie on the table; as follows:

       Beginning on page 87, strike line 15 and all that follows 
     through page 113 and insert the following:

                           CHAPTER 3--PEANUTS

     SEC. 151. PEANUT PROGRAM.

       (a) In General.--Subtitle D of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7251 et seq.) is 
     amended by adding at the end the following:

                          ``CHAPTER 3--PEANUTS

     ``SEC. 158A. DEFINITIONS.

       ``In this chapter:
       ``(1) Counter-cyclical payment.--The term `counter-cyclical 
     payment' means a payment made to peanut producers on a farm 
     under section 158D.
       ``(2) Direct payment.--The term `direct payment' means a 
     payment made to peanut producers on a farm under section 
     158C.
       ``(3) Effective price.--The term `effective price' means 
     the price calculated by the Secretary under section 158D for 
     peanuts to determine whether counter cyclical payments are 
     required to be made under section 158D for a crop year.
       ``(4) Historical peanut producers on a farm.--The term 
     `historical peanut producers on a farm' means the peanut 
     producers on a farm in the United States that produced or 
     were prevented from planting peanuts during any of the 1998 
     through 2001 crop years.
       ``(5) Income protection price.--The term `income protection 
     price' means the price per ton of peanuts used to determine 
     the payment rate for counter-cyclical payments.
       ``(6) Payment acres.--The term `payment acres' means 85 
     percent of the peanut acres

[[Page 26047]]

     on a farm, as established under section 158B, on which direct 
     payments and counter-cyclical payments are made.
       ``(7) Peanut acres.--The term `peanut acres' means the 
     number of acres assigned to a particular farm for historical 
     peanut producers on a farm pursuant to section 158B(b).
       ``(8) Payment yield.--The term `payment yield' means the 
     yield assigned to farm by historical peanut producers on the 
     farm pursuant to section 158B(b).
       ``(9) Peanut producer.--The term `peanut producer' means an 
     owner, operator, landlord, tenant, or sharecropper that--
       ``(A) shares in the risk of producing a crop of peanuts in 
     the United States; and
       ``(B) is entitled to share in the crop available for 
     marketing from the farm or would have shared in the crop had 
     the crop been produced.

     ``SEC. 158B. PAYMENT YIELDS, PEANUT ACRES, AND PAYMENT ACRES 
                   FOR FARMS.

       ``(a) Payment Yields and Payment Acres--
       ``(1) Average yield--
       ``(A) In general.-- The Secretary shall determine, for each 
     historical peanut producer, the average yield for peanuts on 
     all farms of the historical peanut producer for the 1998 
     through 2001 crop years, excluding any crop year during which 
     the producers did not produce peanuts.
       ``(B) Assigned yields.--If for any of the crop years 
     referred to in subparagraph (A) in which peanuts were planted 
     on a farm by the historical peanut producer, the historical 
     peanut producer has satisfied the eligibility criteria 
     established to carry out section 1102 of the Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public 
     Law 105-277), the Secretary shall assign to the historical 
     peanut producer a yield for the farm for the crop year equal 
     to 65 percent of the average yield for peanuts for the 
     previous 5 crop years.
       ``(2) Acreage average.--Except as provided in paragraph 
     (3), the Secretary shall determine, for the historical peanut 
     producer, the 4-year average of--
       ``(A) acreage planted to peanuts on all farms for harvest 
     during the 1998 through 2001 crop years; and
       ``(B) any acreage that was prevented from being planted to 
     peanuts during the crop years because of drought, flood, or 
     other natural disaster, or other condition beyond the control 
     of the historical peanut producer, as determined by the 
     Secretary.
       ``(3) Selection by producer.--If a county in which a 
     historical peanut producer described in paragraph (2) is 
     located is declared a disaster area during 1 or more of the 4 
     crop years described in paragraph (2), for purposes of 
     determining the 4-year average acreage 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--
       ``(A) the State average of acreage actually planted to 
     peanuts; or
       ``(B) the average of acreage for the historical peanut 
     producer determined by the Secretary under paragraph (2).
       ``(4) Time for determinations; factors--
       ``(A) Timing.--The Secretary shall make the determinations 
     required by this subsection not later than 90 days after the 
     date of enactment of this section.
       ``(B) Factors.--In making the determinations, the Secretary 
     shall take into account changes in the number and identity of 
     historical peanut producers sharing in the risk of producing 
     a peanut crop since the 1998 crop year, including providing a 
     method for the assignment of average acres and average yield 
     to a farm when a historical peanut producer is no longer 
     living or an entity composed of historical peanut producers 
     has been dissolved.
       ``(b) Assignment of Yield and Acres to Farms.--
       ``(1) Assignment by historical peanut producers.--The 
     Secretary shall provide each historical peanut producer 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.
       ``(2) 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.
       ``(3) 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.--Not later than 180 days after the date of 
     enactment of this section, a historical peanut producer shall 
     notify the Secretary of the assignments described in 
     subsection (b).
       ``(d) Payment Acres.--The payment acres for peanuts on a 
     farm shall be equal to 85 percent of the peanut acres 
     assigned to the farm.
       ``(e) Prevention of Excess Peanut Acres.--
       ``(1) Required reduction.--If the total of the peanut acres 
     for a farm, together with the acreage described in paragraph 
     (3), exceeds the actual cropland acreage of the farm, the 
     Secretary shall reduce the quantity of peanut acres for the 
     farm or contract acreage for 1 or more covered commodities 
     for the farm as necessary so that the total of the peanut 
     acres and acreage described in paragraph (3) does not exceed 
     the actual cropland acreage of the farm.
       ``(2) Selection of acres.--The Secretary shall give the 
     peanut producers on the farm the opportunity to select the 
     peanut acres or contract acreage against which the reduction 
     will be made.
       ``(3) Other acreage.--For purposes of paragraph (1), the 
     Secretary shall include--
       ``(A) any contract acreage for the farm under subtitle B;
       ``(B) any acreage on the farm enrolled in the conservation 
     reserve program or wetlands reserve program under chapter 1 
     of subtitle D of title XII of the Food Security Act of 1985 
     (16 U.S.C. 3830 et seq.); and
       ``(C) any other acreage on the farm enrolled in a 
     conservation program for which payments are made in exchange 
     for not producing an agricultural commodity on the acreage.
       ``(3) Double-cropped acreage.--In applying paragraph (1), 
     the Secretary shall take into account additional acreage as a 
     result of an established double-cropping history on a farm, 
     as determined by the Secretary.

     ``SEC. 158C. DIRECT PAYMENTS FOR PEANUTS.

       ``(a) In General.--For each of the 2002 through 2006 fiscal 
     years, the Secretary shall make direct payments to peanut 
     producers on a farm with peanut acres under section 158B and 
     a payment yield for peanuts under section 158B.
       ``(b) Payment Rate.--The payment rate used to make direct 
     payments with respect to peanuts for a fiscal year shall be 
     equal to $0.018 per pound.
       ``(c) Payment Amount.--The amount of the direct payment to 
     be paid to the peanut producers on a farm for peanuts for a 
     fiscal year shall be equal to the product obtained by 
     multiplying--
       ``(1) the payment rate specified in subsection (b);
       ``(2) the payment acres on the farm; by
       ``(3) the payment yield for the farm.
       ``(d) Time for Payment.--
       ``(1) In general.--The Secretary shall make direct 
     payments--
       ``(A) in the case of the 2002 fiscal year, during the 
     period beginning December 1, 2001, and ending September 30, 
     2002; and
       ``(B) in the case of each of the 2003 through 2006 fiscal 
     years, not later than September 30 of the fiscal year.
       ``(2) Advance payments.--
       ``(A) In general.--At the option of the peanut producers on 
     a farm, the Secretary shall pay 50 percent of the direct 
     payment for a fiscal year for the producers on the farm on a 
     date selected by the peanut producers on the farm.
       ``(B) Selected date.--The selected date for a fiscal year 
     shall be on or after December 1 of the fiscal year.
       ``(C) Subsequent fiscal years.--The peanut producers on a 
     farm may change the selected date for a subsequent fiscal 
     year by providing advance notice to the Secretary.
       ``(3) Repayment of advance payments.--If any peanut 
     producer on a farm that receives an advance direct payment 
     for a fiscal year ceases to be eligible for a direct payment 
     before the date the direct payment would have been made by 
     the Secretary under paragraph (1), the peanut producer shall 
     be responsible for repaying the Secretary the full amount of 
     the advance payment.

     ``SEC. 158D. COUNTER-CYCLICAL PAYMENTS FOR PEANUTS.

       ``(a) In General.--For each of the 2002 through 2006 crops 
     of peanuts, the Secretary shall make counter-cyclical 
     payments with respect to peanuts if the Secretary determines 
     that the effective price for peanuts is less than the income 
     protection price for peanuts.
       ``(b) Effective Price.--For purposes of subsection (a), the 
     effective price for peanuts is equal to the total of--
       ``(1) the greater of--
       ``(A) the national average market price received by peanut 
     producers during the 12-month marketing year for peanuts, as 
     determined by the Secretary; or
       ``(B) the national average loan rate for a marketing 
     assistance loan for peanuts under section 158G in effect for 
     the 12-month marketing year for peanuts under this chapter; 
     and
       ``(2) the payment rate in effect for peanuts under section 
     158C for the purpose of making direct payments with respect 
     to peanuts.
       ``(c) Income Protection Price.--For purposes of subsection 
     (a), the income protection price for peanuts shall be equal 
     to $550 per ton.
       ``(d) Payment Amount.--The amount of the counter-cyclical 
     payment to be paid to the peanut producers on a farm for a 
     crop year shall be equal to the product obtained by 
     multiplying--
       ``(1) the payment rate specified in subsection (e);
       ``(2) the payment acres on the farm; by
       ``(3) the payment yield for the farm.
       ``(e) Payment Rate.--The payment rate used to make counter-
     cyclical payments with respect to peanuts for a crop year 
     shall be equal to the difference between--
       ``(1) the income protection price for peanuts; and

[[Page 26048]]

       ``(2) the effective price determined under subsection (b) 
     for peanuts.
       ``(f) Time for Payments--
       ``(1) In general.--The Secretary shall make counter-
     cyclical payments to peanut producers on a farm under this 
     section for a crop of peanuts as soon as practicable after 
     determining under subsection (a) that the payments are 
     required for the crop year.
       ``(2) Partial payment--
       ``(A) In general.--At the option of the Secretary, the 
     peanut producers on a farm may elect to receive up to 40 
     percent of the projected counter-cyclical payment to be made 
     under this section for a crop of peanuts on completion of the 
     first 6 months of the marketing year for the crop, as 
     determined by the Secretary.
       ``(B) Repayment.--The peanut producers on a farm shall 
     repay to the Secretary the amount, if any, by which the 
     payment received by producers on the farm (including any 
     partial payments) exceeds the counter-cyclical payment the 
     producers on the farm are eligible for under this section.

     ``SEC. 158E. PRODUCER AGREEMENTS.

       ``(a) Compliance With Certain Requirements--
       ``(1) Requirements.--Before the peanut producers on a farm 
     may receive direct payments or counter-cyclical payments with 
     respect to the farm, the peanut producers on the farm shall 
     agree during the fiscal year or crop year, respectively, for 
     which the payments are received, in exchange for the 
     payments--
       ``(A) to comply with applicable highly erodible land 
     conservation requirements under subtitle B of title XII of 
     the Food Security Act of 1985 (16 U.S.C. 3811 et seq.);
       ``(B) to comply with applicable wetland conservation 
     requirements under subtitle C of title XII of that Act (16 
     U.S.C. 3821 et seq.);
       ``(C) to comply with the planting flexibility requirements 
     of section 158F; and
       ``(D) to use a quantity of the land on the farm equal to 
     the peanut acres, for an agricultural or conserving use, and 
     not for a nonagricultural commercial or industrial use, as 
     determined by the Secretary.
       ``(2) Compliance.--The Secretary may promulgate such 
     regulations as the Secretary considers necessary to ensure 
     peanut producer compliance with paragraph (1).
       ``(b) Foreclosure--
       ``(1) In general.--The Secretary shall not require the 
     peanut producers on a farm to repay a direct payment or 
     counter-cyclical payment if a foreclosure has occurred with 
     respect to the farm and the Secretary determines that 
     forgiving the repayment is appropriate to provide fair and 
     equitable treatment.
       ``(2) Compliance with requirements--
       ``(A) In general.--This subsection shall not void the 
     responsibilities of the peanut producers on a farm under 
     subsection (a) if the peanut producers on the farm continue 
     or resume operation, or control, of the farm.
       ``(B) Applicable requirements.--On the resumption of 
     operation or control over the farm by the peanut producers on 
     the farm, the requirements of subsection (a) in effect on the 
     date of the foreclosure shall apply.
       ``(c) Transfer or Change of Interest in Farm--
       ``(1) Termination.--Except as provided in paragraph (5), a 
     transfer of (or change in) the interest of the peanut 
     producers on a farm in peanut acres for which direct payments 
     or counter-cyclical payments are made shall result in the 
     termination of the payments with respect to the peanut acres, 
     unless the transferee or owner of the acreage agrees to 
     assume all obligations under subsection (a).
       ``(2) Effective date.--The termination takes effect on the 
     date of the transfer or change.
       ``(3) Transfer of payment base and yield.--The Secretary 
     shall not impose any restriction on the transfer of the 
     peanut acres or payment yield of a farm as part of a transfer 
     or change described in paragraph (1).
       ``(4) Modification.--At the request of the transferee or 
     owner, the Secretary may modify the requirements of 
     subsection (a) if the modifications are consistent with the 
     purposes of subsection (a), as determined by the Secretary.
       ``(5) Exception.--If a peanut producer entitled to a direct 
     payment or counter-cyclical payment dies, becomes 
     incompetent, or is otherwise unable to receive the payment, 
     the Secretary shall make the payment, in accordance with 
     regulations promulgated by the Secretary.
       ``(d) Acreage Reports.--As a condition on the receipt of 
     any benefits under this chapter, the Secretary shall require 
     the peanut producers on a farm to submit to the Secretary 
     acreage reports for the farm.
       ``(e) Tenants and Sharecroppers.--In carrying out this 
     chapter, the Secretary shall provide adequate safeguards to 
     protect the interests of tenants and sharecroppers.
       ``(f) Sharing of Payments.--The Secretary shall provide for 
     the sharing of direct payments and counter-cyclical payments 
     among the peanut producers on a farm on a fair and equitable 
     basis.

     ``SEC. 158F. PLANTING FLEXIBILITY.

       ``(a) Permitting Crops.--Subject to subsection (b), any 
     commodity or crop may be planted on peanut acres on a farm.
       ``(b) Limitations and Exceptions Regarding Certain 
     Commodities--
       ``(1) Limitations.--The planting of the following 
     agricultural commodities shall be prohibited on peanut acres:
       ``(A) Fruits.
       ``(B) Vegetables (other than lentils, mung beans, and dry 
     peas).
       ``(C) In the case of the 2003 and subsequent crops of an 
     agricultural commodity, wild rice.
       ``(2) Exceptions.--Paragraph (1) shall not limit the 
     planting of an agricultural commodity specified in paragraph 
     (1)--
       ``(A) in any region in which there is a history of double-
     cropping of peanuts with agricultural commodities specified 
     in paragraph (1), as determined by the Secretary, in which 
     case the double-cropping shall be permitted:
       ``(B) on a farm that the Secretary determines has a history 
     of planting agricultural commodities specified in paragraph 
     (1) on peanut acres, except that direct payments and counter-
     cyclical payments shall be reduced by an acre for each acre 
     planted to the agricultural commodity; or
       ``(C) by the plant producers on a farm that the Secretary 
     determines has an established planting history of a specific 
     agricultural commodity specified in paragraph (1), except 
     that--
       ``(i) the quantity planted may not exceed the average 
     annual planting history of the agricultural commodity by the 
     peanut producers on the farm during the 1996 through 2001 
     crop years (excluding any crop year in which no plantings 
     were made), as determined by the Secretary; and
       ``(ii) direct payments and counter-cyclical payments shall 
     be reduced by an acre for each acre planted to the 
     agricultural commodity.

     ``SEC. 158G. MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY 
                   PAYMENTS FOR PEANUTS.

       ``(a) Nonrecourse Loans Available--
       ``(1) Availability.--For each of the 2002 through 2006 
     crops of peanuts, the Secretary shall make available to 
     peanut producers on a farm nonrecourse marketing assistance 
     loans for peanuts produced on the farm.
       ``(2) Terms and conditions.--The loans shall be made under 
     terms and conditions that are prescribed by the Secretary and 
     at the loan rate established under subsection (b).
       ``(3) Eligible production.--The producers on a farm shall 
     be eligible for a marketing assistance loan under this 
     section for any quantity of peanuts produced on the farm.
       ``(4) Treatment of certain commingled commodities.--In 
     carrying out this section, the Secretary shall make loans to 
     peanut producers on a farm that would be eligible to obtain a 
     marketing assistance loan but for the fact the peanuts owned 
     by the peanut producers on the farm are commingled with other 
     peanuts of other producers in facilities unlicensed for the 
     storage of agricultural commodities by the Secretary or a 
     State licensing authority, if the peanut producers on a farm 
     obtaining the loan agree to immediately redeem the loan 
     collateral in accordance with section 158E.
       ``(5) Options for obtaining loan.--A marketing assistance 
     loan under this subsection, and loan deficiency payments 
     under subsection (e), may be obtained by the option of the 
     peanut producers on a farm through--
       ``(A) a designated marketing association of peanut 
     producers that is approved by the Secretary;
       ``(B) the Farm Service Agency; or
       ``(C) a loan servicing agent approved by the Secretary.
       ``(b) Loan Rate.--The loan rate for a marketing assistance 
     loan for peanuts under subsection (a) shall be equal to $400 
     per ton.
       ``(c) Term of Loan--
       ``(1) In general.--A marketing assistance loan for peanuts 
     under subsection (a) shall have a term of 9 months beginning 
     on the first day of the first month after the month in which 
     the loan is made.
       ``(2) Extensions prohibited.--The Secretary may not extend 
     the term of a marketing assistance loan for peanuts under 
     subsection (a).
       ``(d) Repayment Rate.--The Secretary shall permit peanut 
     producers on a farm to repay a marketing assistance loan for 
     peanuts under subsection (a) at a rate that is the lesser 
     of--
       ``(1) the loan rate established for peanuts under 
     subsection (b), plus interest (as determined by the 
     Secretary); or
       ``(2) a rate that the Secretary determines will--
       ``(A) minimize potential loan forfeitures;
       ``(B) minimize the accumulation of stocks of peanuts by the 
     Federal Government;
       ``(C) minimize the cost incurred by the Federal Government 
     in storing peanuts; and
       ``(D) allow peanuts produced in the United States to be 
     marketed freely and competitively, both domestically and 
     internationally.
       ``(e) Loan Deficiency Payments--
       ``(1) Availability.--The Secretary may make loan deficiency 
     payments available to the peanut producers on a farm that, 
     although eligible to obtain a marketing assistance loan for 
     peanuts under subsection (a), agree to forgo obtaining the 
     loan for the peanuts in return for payments under this 
     subsection.
       ``(2) Amount.--A loan deficiency payment under this 
     subsection shall be obtained by multiplying--

[[Page 26049]]

       ``(A) the loan payment rate determined under paragraph (3) 
     for peanuts; by
       ``(B) the quantity of the peanuts produced by the peanut 
     producers on the farm, excluding any quantity for which the 
     producers on the farm obtain a loan under subsection (a).
       ``(3) Loan payment rate.--For purposes of this subsection, 
     the loan payment rate shall be the amount by which--
       ``(A) the loan rate established under subsection (b); 
     exceeds
       ``(B) the rate at which a loan may be repaid under 
     subsection (d).
       ``(4) Time for payment.--The Secretary shall make a payment 
     under this subsection to the peanut producers on a farm with 
     respect to a quantity of peanuts as of the earlier of--
       ``(A) the date on which the peanut producers on the farm 
     marketed or otherwise lost beneficial interest in the 
     peanuts, as determined by the Secretary; or
       ``(B) the date the peanut producers on the farm request the 
     payment.
       ``(f) Compliance With Conservation Requirements.--As a 
     condition of the receipt of a marketing assistance loan under 
     subsection (a), the peanut producers on a farm shall comply 
     during the term of the loan with--
       ``(1) applicable highly erodible land conservation 
     requirements under subtitle B of title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3811 et seq.); and
       ``(2) applicable wetland conservation requirements under 
     subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.).
       ``(g) Reimbursable Agreements and Payment of Expenses.--To 
     the maximum extent practicable, the Secretary shall implement 
     any reimbursable agreements or provide for the payment of 
     expenses under this chapter in a manner that is consistent 
     with the implementation of the agreements or payment of the 
     expenses for other commodities.

     ``SEC. 158H. QUALITY IMPROVEMENT.

       ``(a) Official Inspection.--
       ``(1) Mandatory inspection.--All peanuts placed under a 
     marketing assistance loan under section 158G shall be 
     officially inspected and graded by a Federal or State 
     inspector.
       ``(2) Optional inspection.--Peanuts not placed under a 
     marketing assistance loan may be graded at the option of the 
     peanut producers on a farm.
       ``(b) Termination of Peanut Administative Committee.--The 
     Peanut Administrative Committee established under Marketing 
     Agreement No. 1436, which regulates the quality of 
     domestically produced peanuts under the Agricultural 
     Adjustment Act (7 U.S.C. 601 et seq.), reenacted with 
     amendments by the Agricultural Marketing Agreement Act of 
     1937, is terminated.
       ``(c) Establishment of Peanut Standards Board.--
       ``(1) In general.--The Secretary shall establish a Peanut 
     Standards Board for the purpose of assisting in the 
     establishment of quality standards with respect to peanuts.
       ``(2) Composition.--The Secretary shall appoint members to 
     the Board that, to the maximum extent practicable, reflect 
     all regions and segments of the peanut industry.
       ``(3) Duties.--The Board shall assist the Secretary in 
     establishing quality standards for peanuts.
       ``(d) Crops.--This section shall apply beginning with the 
     2002 crop of peanuts.''.
       (b) Conforming Amendments.--
       (1) The chapter heading of chapter 2 of subtitle D of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. prec. 7271) is amended by striking ``peanuts and''.
       (2) Section 155 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7271) is repealed.

     SEC. 152. TERMINATION OF MARKETING QUOTAS FOR PEANUTS AND 
                   COMPENSATION TO PEANUT QUOTA HOLDERS.

       (a) Repeal of Marketing Quotas for Peanuts.--Effective 
     beginning with the 2002 crop of peanuts, part VI of subtitle 
     B of title III of the Agricultural Adjustment Act of 1938 (7 
     U.S.C. 1357 et seq.) is repealed.
       (b) Compensation of Quota Holders.--
       (1) Definitions.--In this subsection:
       (A) Peanut quota holder.--
       (i) In general.--The term ``peanut quota holder'' means a 
     person or entity that owns a farm that--
       (I) held a peanut quota established for the farm for the 
     2001 crop of peanuts under part VI of subtitle B of title III 
     of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et 
     seq.) (as in effect before the amendment made by subsection 
     (a));
       (II) if there was not such a quota established for the farm 
     for the 2001 crop of peanuts, would be eligible to have such 
     a quota established for the farm for the 2002 crop of 
     peanuts, in the absence of the amendment made by subsection 
     (a); or
       (III) is otherwise a farm that was eligible for such a 
     quota as of the effective date of the amendments made by this 
     section.
       (ii) Seed or experimental purposes.--The Secretary shall 
     apply the definition of ``peanut quota holder'' without 
     regard to temporary leases, transfer, or quotas for seed or 
     experimental purposes.
       (B) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) Contracts.--The Secretary shall offer to enter into a 
     contract with peanut quota holders for the purpose of 
     providing compensation for the lost value of quota as a 
     result of the repeal of the marketing quota program for 
     peanuts under the amendment made by subsection (a).
       (3) Payment period.--Under a contract, the Secretary shall 
     make payments to an eligible peanut quota holder for each of 
     fiscal years 2002 through 2005.
       (4) Time for payment.--The payments required under the 
     contracts shall be provided in 5 equal installments not later 
     than September 30 of each of fiscal years 2002 through 2005.
       (5) Payment amount.--The amount of the payment for a fiscal 
     year to a peanut quota holder under a contract shall be equal 
     to the product obtained by multiplying--
       (A) $0.1025 per pound; by
       (B) the actual farm poundage quota (excluding any quantity 
     for seed and experimental peanuts) established for the farm 
     of a peanut quota holder under section 358-1(b) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(b)) (as 
     in effect prior to the amendment made by subsection (a)) for 
     the 2001 marketing year.
       (6) Assignment of payments.--
       (A) In general.--the provisions of section 8(g) of the Soil 
     Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)), 
     relating to assignment of payments, shall apply to the 
     payments made to peanut quota holders under the contracts.
       (B) Notice.--the peanut quota holder making the assignment, 
     or the assignee, shall provide the Secretary with notice, in 
     such manner as the Secretary may require, of any assignment 
     made under this subsection.
       (c) Conforming Amendments.--
       (1) Administrative provisions.--Section 361 of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1361) is 
     amended by striking ``peanuts,''.
       (2) Adjustment of quotas.--Section 371 of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1371) is amended--
       (A) in the first sentence of subsection (a), by striking 
     ``peanuts,''; and
       (B) in the first sentence of subsection (b), by striking 
     ``peanuts''.
       (3) Reports and Records.--Section 373 of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1373) is amended--
       (A) in the first sentence of subsection (a)--
       (i) by striking ``peanuts,'' each place it appears;
       (ii) by inserting ``and'' after ``from producers,''; and
       (iii) by striking ``for producers, all'' and all that 
     follows through the period at the end of the sentence and 
     inserting ``for producers.''; and
       (B) in subsection (b), by striking ``peanuts,''.
       ``(4) Eminent domain.--Section 378(c) of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1378(c)) is amended in the 
     first sentence--
       (A) by striking ``cotton,'' and inserting ``cotton and''; 
     and
       (B) by striking ``and peanuts,''.
       (d) Crops.--This section and the amendments made by this 
     section apply beginning with the 2002 crop of peanuts.

                       Subtitle D--Administration

     SEC. 161. ADJUSTMENT AUTHORITY RELATED TO URUGUAY ROUND 
                   COMPLIANCE.

       Section 161 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7281) is amended by adding at 
     the end the following:
       ``(e) Adjustment Authority Related to Uruguay Round 
     Compliance.--If the Secretary determines that expenditures 
     under subtitles A through D that are subject to the total 
     allowable domestic support levels under the Uruguay Round 
     Agreements (as defined in section 2 of the Uruguay Round 
     Agreements Act (19 U.S.C. 3501)), as in effect on the date of 
     enactment of this subsection, will exceed the allowable 
     levels for any applicable reporting period, the Secretary may 
     make adjustments in the amount of the expenditures to ensure 
     that the expenditures do not exceed, but are not less than, 
     the allowable levels.''

     SEC. 162. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.

       Section 171 of the Federal Agricultural Improvement and 
     Reform Act of 1996 (7 U.S.C. 7301) is amended--
       (1) by striking ``2002'' each place it appears and 
     inserting ``2006''; and
       (2) in subsection (a)(1)--
       (A) by striking subparagraph (E); and
       (B) by redesignating subparagraphs (F) through (I) as 
     subparagraphs (E) through (H), respectively.

     SEC. 163. COMMODITY PURCHASES.

       Section 191 of the Federal Agricultural Improvement and 
     Reform Act of 1996 (7 U.S.C. 7331 et. seq.) is amended to 
     read as follows:

     ``SEC. 191. COMMODITY PURCHASES.

       ``(a) In General.--To purchase agricultural commodities 
     under this section, the Secretary shall use funds of the 
     Commodity Credit Corporation in an amount equal to--
       ``(1) for each of fiscal years 2002, and 2003, 
     $130,000,000, of which not less than $100,000,000 shall be 
     used for the purchase of specialty crops;
       ``(2) for fiscal year 2004, $150,000,000, of which not less 
     than $120,000,000 shall be used for the purchase of specialty 
     crops;
       ``(3) for fiscal year 2005, $170,000,000, of which not less 
     than $140,000,000 shall be used for the purchase of specialty 
     crops;

[[Page 26050]]

       ``(4) for fiscal year 2006, $200,000,000, of which not less 
     than $170,000,000 shall be used for the purchase of specialty 
     crops; and
       ``(5) for fiscal year 2007, $0.
       ``(b) Other Purchases.--The Secretary shall ensure that 
     purchases of agricultural commodities under this section are 
     in addition to purchases by the Secretary under any other 
     law.
       ``(c) Purchases by Department of Defense for School Lunch 
     Program.--The Secretary shall provide not less than 
     $50,000,000 for each fiscal year of the funds made available 
     under subsection (a) to the Secretary of Defense to purchase 
     fresh fruits and vegetables for distribution to schools and 
     service institutions in accordance with section 6(a) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1755(a)) in a manner prescribed by the Secretary of 
     Agriculture.
       ``(d) Purchases for Emergency Food Assistance Program.--The 
     Secretary shall use not less than $40,000,000 for each fiscal 
     year of the funds made available under subsection (a) to 
     purchase agricultural commodities for distribution under the 
     Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et 
     seq.).''

     SEC. 164. HARD WHITE WHEAT INCENTIVE PAYMENTS.

       Section 193 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 1508) is amended to read as 
     follows:

     ``SEC. 193. HARD WHITE WHEAT INCENTIVE PAYMENTS.

       ``(a) In General.--For the period of crop years 2003 
     through 2005, the Secretary shall use $40,000,000 of funds of 
     the Commodity Credit Corporation to provide incentive 
     payments to producers of hard white wheat to ensure that hard 
     white wheat, produced on a total of not more than 2,000,000 
     acres, meets minimum quality standards established by the 
     Secretary.
       ``(b) Application.--The amounts payable to producers in the 
     form of payments under this section shall be determined 
     through the submission of bids by producers in such manner as 
     the Secretary may prescribe.
       ``(c) Demand for Wheat.--To be eligible to obtain a payment 
     under this section, a producer shall demonstrate to the 
     Secretary the availability of buyers and end-users for the 
     wheat that is covered by the payment.''

     SEC. 165. PAYMENT LIMITATIONS.

       Section 1001 of the Food Security Act of 1985 (7 U.S.C. 
     1308) is amended by striking paragraphs (1) through (4) and 
     inserting the following:
       ``(1) Limitation on direct and counter-cyclical payments.--
     The total amount of direct payments and counter-cyclical 
     payments to a person during any fiscal year may not exceed 
     $100,000, with a separate limitation for--
       ``(A) all contract commodities; and
       ``(B) peanuts.
       ``(2) Limitation on marketing loan gains and loan 
     deficiency payments.--The total amount of the payments 
     specified in paragraph (3) that a person shall be entitled to 
     receive under title I of the Federal Agriculture Improvement 
     and Reform Act of 1996 (7 U.S.C. 7201 et seq.) for 1 or more 
     loan commodities during any crop year may not exceed $150,000 
     with a separate limitation for--
       ``(A) all contract commodities;
       ``(B) wool and mohair;
       ``(C) honey; and
       ``(D) peanuts.
       ``(3) Description of payments subject to limitation.--The 
     payments referred to in paragraph (2) are the following:
       ``(A) Any gain realized by a producer from repaying a 
     marketing assistance loan under section 131 or 158G(a) of the 
     Federal Agriculture Improvement and Reform Act of 1996 for a 
     crop of any loan commodity or peanuts, respectively, at a 
     lower level than the original loan rate established for the 
     loan commodity or peanuts under section 132 or 158G(d) of 
     that Act, respectively.
       ``(B) Any loan deficiency payment received for a loan 
     commodity or peanuts under section 135 or 158G(e) of that 
     Act, respectively.
       ``(4) Definitions.--In paragraphs (1) through (3):
       ``(A) Contract commodity.--The term `contract commodity' 
     has the meaning given the term in section 102 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7202).
       ``(B) Counter-cyclical payment.--The term `counter-cyclical 
     payment' means a payment made under section 114 or 158D of 
     that Act.
       ``(C) Direct payment.--The term `direct payment' means a 
     payment made under section 113 or 158C of that Act.
       ``(D) Loan commodity.--The term `loan commodity' has the 
     meaning given the term in section 102 of that Act.''.
                                  ____

  SA 2558. Mr. HARKIN submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

     SECTION  . FINDINGS.

       Congress finds the following:
       (1) A number of young people residing in rural areas and 
     small towns are at high risk for alcohol and substance abuse, 
     suicide, teen pregnancy, and truancy.
       (2) The Girl Scouts of the United States of America, the 
     Boy Scouts of America, the National 4-H Council, and the 
     National FFA Organization have proven track records of 
     empowering youth to resist negative peer pressure, develop 
     positive behaviors, and achieve goals.
       (3) Currently, many youth in rural areas and small towns 
     are underserved by the organizations described in paragraph 
     (2) due to high transportation costs and lack of adequate 
     community resources.
       (4) Additional resources would enable many youth in rural 
     areas and small towns, who wish to participate in the 
     programs offered by the organization, to have the opportunity 
     to do so.

     SEC.  . PURPOSES.

       The purposes of this Act are--
       (1) to support and promote the expansion of 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 increase the access of youth in rural areas and small 
     towns to those organizations; and
       (2) to encourage youth in rural areas and small towns to 
     participate in 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 develop critical life 
     skills and take advantage of the learning opportunities the 
     organizations offer.

     SEC.  . GRANTS.

       The Secretary of Agriculture, 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.

     SEC.  . AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2002.--There is authorized to be 
     appropriated and there is appropriated to carry out this Act 
     $10,000,000 for fiscal year 2002.
       (b) Subsequent Fiscal Years.--There are authorized to be 
     appropriated to carry out this Act such sums as may be 
     necessary for fiscal year 2003 and each subsequent year.
                                  ____

  SA 2559. Mr. HARKIN submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 984, line 2, strike the period at the end and 
     insert a period and the following:

     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 January 31, 2002''; and
       (C) by striking clause (ii).
       (3) Definition of small business.--Section 4(i)(5)(E)(ii) 
     of the Federal Insecticide, Fungicide, and Rodenticide Act (7 
     U.S.C. 136a-1(i)(5)(E)(ii)) is amended--
       (A) in subclause (I), by striking ``150'' and inserting 
     ``500''; and
       (B) in subclause (II), by striking ``gross 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:

[[Page 26051]]

       ``(H) Period of effectiveness.--This paragraph shall be in 
     effect during the period beginning on January 1, 2002, and 
     ending on January 31, 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 January 31, 
     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 January 31, 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 January 31, 2002.''.
                                  ____

  SA 2560. Mr. WELLSTONE submitted an amendment intended to be proposed 
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 consumer abundant food and 
fiber, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 226, strike line 1 and all that follows 
     through page 235, line 6, and insert the following:
       ``(4) Large confined livestock feeding operations.--
       ``(A) Definition of large confined livestock feeding 
     operation.--In this paragraph:
       ``(i) In general.--The term `large confined livestock 
     feeding operation' means a confined livestock feeding 
     operation designed to confine 1,000 or more animal equivalent 
     units (as defined by the Secretary).
       ``(ii) Multiple locations.--In determining the number of 
     animal unit equivalents of operation of a producer under 
     clause (i), the animals confined by the producer in 
     confinement facilities at all locations (including the 
     producer's proportionate share in any jointly owned facility) 
     shall be counted.
       ``(B) New or expanded operations.--A producer shall not be 
     eligible for cost-share payments for any portion of a storage 
     or treatment facility, or associated waste transport or 
     transfer device, to manage manure, process wastewater, or 
     other animal waste generated by a large confined livestock 
     feeding operation, if the operation is a confined livestock 
     operation that--
       ``(i) is established after the date of enactment of this 
     paragraph; or
       ``(ii) is expanded after the date of enactment of this 
     paragraph so as to become a large confined livestock 
     operation.
       ``(C) Multiple operations.--A producer that has an interest 
     in more than 1 large confined livestock operation shall not 
     be eligible for more than 1 contract under this section for 
     cost-share payments for a storage or treatment facility, or 
     associated waste transport or transfer device, to manage 
     manure, process wastewater, or other animal waste generated 
     by the large confined livestock feeding operation.
       ``(D) Flood plain siting.--Cost-share payments shall not be 
     available for structural practices for a storage or treatment 
     facility, or associated waste transport device, to manage 
     manure, process wastewater, or other animal waste generated 
     by a large confined livestock operation if--
       ``(i) the structural practices are located in a 100-year 
     flood plain; and
       ``(ii) the large confined livestock operation is a confined 
     livestock operation that--
       (I) is established after the date of enactment; or
       (II) is expanded after the date of enactment.
       ``(e) Incentive Payments.--The Secretary shall make 
     incentive payments in an amount and at a rate determined by 
     the Secretary to be necessary to encourage a producer to 
     perform 1 or more practices.
       ``(f) Technical Assistance.--
       ``(1) In general.--The Secretary shall allocate funding 
     under the program for the provision of technical assistance 
     according to the purpose and projected cost for which the 
     technical assistance is provided for a fiscal year.
       ``(2) Amount.--The allocated amount may vary according to--
       ``(A) the type of expertise required;
       ``(B) the quantity of time involved; and
       ``(C) other factors as determined appropriate by the 
     Secretary.
       ``(3) Limitation.--Funding for technical assistance under 
     the program shall not exceed the projected cost to the 
     Secretary of the technical assistance provided for a fiscal 
     year.
       ``(4) Other authorities.--The receipt of technical 
     assistance under the program shall not affect the eligibility 
     of the producer to receive technical assistance under other 
     authorities of law available to the Secretary.
       ``(5) Incentive payments for technical assistance.--
       ``(A) In general.--A producer that is eligible to receive 
     technical assistance for a practice involving the development 
     of a comprehensive nutrient management plan may obtain an 
     incentive payment that can be used to obtain technical 
     assistance associated with the development of any component 
     of the comprehensive nutrient management plan.
       ``(B) Purpose.--The purpose of the payment shall be to 
     provide a producer the option of obtaining technical 
     assistance for developing any component of a comprehensive 
     nutrient management plan from a certified provider.
       ``(C) Payment.--The incentive payment shall be--
       ``(i) in addition to cost-share or incentive payments that 
     a producer would otherwise receive for structural practices 
     and land management practices;
       ``(ii) used only to procure technical assistance from a 
     certified provider that is necessary to develop any component 
     of a comprehensive nutrient management plan; and
       ``(iii) in an amount determined appropriate by the 
     Secretary, taking into account--

       ``(I) the extent and complexity of the technical assistance 
     provided;
       ``(II) the costs that the Secretary would have incurred in 
     providing the technical assistance; and
       ``(III) the costs incurred by the private provider in 
     providing the technical assistance.

       ``(D) Eligible practices.--The Secretary may determine, on 
     a case by case basis, whether the development of a 
     comprehensive nutrient management plan is eligible for an 
     incentive payment under this paragraph.
       ``(E) Certification by secretary.--
       ``(i) In general.--Only persons that have been certified by 
     the Secretary under section 1244(f)(3) shall be eligible to 
     provide technical assistance under this subsection.
       ``(ii) Quality assurance.--The Secretary shall ensure that 
     certified providers are capable of providing technical 
     assistance regarding comprehensive nutrient management in a 
     manner that meets the specifications and guidelines of the 
     Secretary and that meets the needs of producers under the 
     program.
       ``(F) Advance payment.--On the determination of the 
     Secretary that the proposed comprehensive nutrient management 
     of a producer is eligible for an incentive payment, the 
     producer may receive a partial advance of the incentive 
     payment in order to procure the services of a certified 
     provider.
       ``(G) Final payment.--The final installment of the 
     incentive payment shall be payable to a producer on 
     presentation to the Secretary of documentation that is 
     satisfactory to the Secretary and that demonstrates--
       ``(i) completion of the technical assistance; and
       ``(ii) the actual cost of the technical assistance.
       ``(g) Modification or Termination of Contracts.--
       ``(1) Voluntary modification or termination.--The Secretary 
     may modify or terminate a contract entered into with a 
     producer under this chapter if--
       ``(A) the producer agrees to the modification or 
     termination; and
       ``(B) the Secretary determines that the modification or 
     termination is in the public interest.

[[Page 26052]]

       ``(2) Involuntary termination.--The Secretary may terminate 
     a contract under this chapter if the Secretary determines 
     that the producer violated the contract.

     ``SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS.

       ``(a) In General.--In evaluating applications for technical 
     assistance, cost-share payments, and incentive payments, the 
     Secretary shall accord a higher priority to assistance and 
     payments that--
       ``(1) maximize environmental benefits per dollar expended; 
     and
       ``(2)(A) address national conservation priorities, 
     including--
       ``(i) meeting Federal, State, and local environmental 
     purposes focused on protecting air and water quality;
       ``(ii) comprehensive nutrient management;
       ``(iii) water quality, particularly in impaired watersheds;
       ``(iv) soil erosion;
       ``(v) air quality; or
       ``(vi) pesticide and herbicide management or reduction;
       ``(B) are provided in conservation priority areas 
     established under section 1230(c);
       ``(C) are provided in special projects under section 
     1243(f)(4) with respect to which State or local governments 
     have provided, or will provide, financial or technical 
     assistance to producers for the same conservation or 
     environmental purposes; or
       ``(D) an innovative technology in connection with a 
     structural practice or land management practice.
       ``(b) Additional Priorities for Livestock Producers.--In 
     evaluating applications for technical assistance, cost-share 
     payments, and incentive payments for livestock producers, the 
     Secretary shall accord priority to--
       ``(1) applications for assistance and payments for systems 
     and practices that avoid subjecting the livestock production 
     operation to Federal, State, tribal, and local environmental 
     regulatory systems while also assisting the operation to meet 
     environmental quality criteria established by Federal, State, 
     tribal, and local agencies; and
       ``(2) applications from livestock producers using managed 
     grazing systems and other pasture- and forage-based systems.

     ``SEC. 1240D. DUTIES OF PRODUCERS.

       ``To receive technical assistance, cost-share payments, or 
     incentive payments under the program, a producer shall 
     agree--
       ``(1) to implement an environmental quality incentives 
     program plan that describes conservation and environmental 
     purposes to be achieved through 1 or more practices that are 
     approved by the Secretary;
       ``(2) not to conduct any practices on the farm or ranch 
     that would tend to defeat the purposes of the program;
       ``(3) on the violation of a term or condition of the 
     contract at any time the producer has control of the land--
       ``(A) if the Secretary determines that the violation 
     warrants termination of the contract--
       ``(i) to forfeit all rights to receive payments under the 
     contract; and
       ``(ii) to refund to the Secretary all or a portion of the 
     payments received by the owner or operator under the 
     contract, including any interest on the payments, as 
     determined by the Secretary; or
       ``(B) if the Secretary determines that the violation does 
     not warrant termination of the contract, to refund to the 
     Secretary, or accept adjustments to, the payments provided to 
     the owner or operator, as the Secretary determines to be 
     appropriate;
       ``(4) on the transfer of the right and interest of the 
     producer in land subject to the contract, unless the 
     transferee of the right and interest agrees with the 
     Secretary to assume all obligations of the contract, to 
     refund all cost-share payments and incentive payments 
     received under the program, as determined by the Secretary;
       ``(5) to supply information as required by the Secretary to 
     determine compliance with the program plan and requirements 
     of the program; and
       ``(6) to comply with such additional provisions as the 
     Secretary determines are necessary to carry out the program 
     plan.

     ``SEC. 1240E. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.

       ``(a) In General.--To be eligible to receive technical 
     assistance, cost-share payments, or incentive payments under 
     the program, a producer of a livestock or agricultural 
     operation shall submit to the Secretary for approval a plan 
     of operations that specifies practices covered under the 
     program, and is based on such terms and conditions, as the 
     Secretary considers necessary to carry out the program, 
     including a description of the practices to be implemented 
     and the purposes to be met by the implementation of the plan.
       ``(b) Confined Animal Feeding Operations.--
       ``(1) In general.--To be eligible to receive cost-share 
     payments or incentive payments for a storage or treatment 
     facility, or associated waste transport or transfer device, 
     to manage manure, process wastewater, or other animal waste 
     generated by a confined animal feeding operation, the 
     producer or owner of the operation shall submit a 
     comprehensive nutrient management plan for the confined 
     animal feeding operation as part of the plan of operations 
     submitted under subsection (a).
       ``(2) Contract condition.--Implementation of the 
     comprehensive nutrient management plan submitted under 
     paragraph (1) shall be a condition of the environmental 
     quality incentives program contract.
       ``(c) Avoidance of duplication.--The Secretary shall, to 
     the maximum extent practicable, eliminate duplication of 
     planning activities under the program and comparable 
     conservation programs.

     ``SEC. 1240F. DUTIES OF THE SECRETARY.

       ``To the extent appropriate, the Secretary shall assist a 
     producer in achieving the conservation and environmental 
     goals of a program plan by--
       ``(1) providing technical assistance in developing and 
     implementing the plan;
       ``(2) providing technical assistance, cost-share payments, 
     or incentive payments for developing and implementing 1 or 
     more practices, as appropriate;
       ``(3) providing the producer with information, education, 
     and training to aid in implementation of the plan; and
       ``(4) encouraging the producer to obtain technical 
     assistance, cost-share payments, or grants from other 
     Federal, State, local, or private sources.

     ``SEC. 1240G. LIMITATION ON PAYMENTS.

       ``(a) In General.--Subject to subsection (b), the total 
     amount of cost-share and incentive payments paid to a 
     producer under this chapter shall not exceed--
       ``(1) $20,000 for any fiscal year, regardless of whether 
     the producer has more than 1 contract under this chapter for 
     the fiscal year;
       ``(2) $60,000 for a contract with a term of 3 years;
       ``(3) $80,000 for a contract with a term of 4 years; or
       ``(4) $100,000 for a contract with a term of more than 4 
     years.
       ``(b) Attribution.--An individual or entity shall not 
     receive, directly or indirectly, total payments from a single 
     or multiple contracts this chapter that exceed $20,000 for 
     any fiscal year.
       ``(c) Exception to Annual Limit.--The Secretary may exceed 
     the limitation on the annual amount of a payment to a 
     producer under subsection (a)(1) if the Secretary determines 
     that a larger payment is--
       ``(1) essential to accomplish the land management practice 
     or structural practice for which the payment is made to the 
     producer; and
       ``(2) consistent with the maximization of environmental 
     benefits per dollar expended and the purposes of this 
     chapter.
       ``(d) Verification.--The Secretary shall identify 
     individuals and entities that are eligible for a payment 
     under the program using social security numbers and taxpayer 
     identification numbers, respectively.
                                  ____

  SA 2561. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. READJUSTMENT RESOLUTION.

       (a) In General.--If the Secretary of Agriculture makes a 
     determination and adjustment pursuant to section 161 of the 
     Federal Agriculture Improvement and Reform Act of 1996, no 
     expenditures may be made under subtitle A or D of title I of 
     that Act after the date that is 18 months after the date on 
     which that determination is made, unless a readjustment 
     resolution is enacted into law.
       (b) Readjustment Resolution.--For purposes of subsection 
     (a), the term ``readjustment resolution'' means a resolution 
     of either House of Congress, the sole matter after the 
     resolving clause of which is as follows: ``That the 
     expenditures under subtitles A and D of title I of the 
     Federal Agriculture Improvement and Reform Act of 1996 are 
     reduced from ____ to ____.'', with the first blank space 
     being filled with the expenditures relating to domestic 
     support levels in effect on day before the introduction of 
     the readjustment resolution and the second blank space being 
     filled with the level of expenditures necessary for the 
     United States to comply with the total allowable domestic 
     support levels under the Uruguay Round Agreements.
       (c) Expedited Procedures.--The provisions of section 151 of 
     the Trade Act of 1974 (19 U.S.C. 2191) apply to a 
     readjustment resolution to the same extent as such section 
     151 applies to an approval resolution under that section, 
     except that for purposes of applying such section 151--
       (1) subsection (b) of this section shall be substituted for 
     section 151(b)(2) of such Act; and
       (2) any reference to an approval resolution in that section 
     shall be treated as a reference to a readjustment resolution.
                                  ____

  SA 2562. Mr. DOMENICI submitted an amendment intended to be proposed 
by

[[Page 26053]]

him 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; which was ordered to lie on the table; as follows:

       On page 105, strike lines 15 through 25 and insert the 
     following:
       ``(5) Options for obtaining loan.--A marketing assistance 
     loan under this subsection, and loan deficiency payments 
     under subsection (e), may be obtained at the option of the 
     peanut producers on a farm through--
       ``(A) a designated marketing association of peanut 
     producers that is approved by the Secretary; or
       ``(B) the Farm Service Agency.
       ``(6) Pooling.--A designated marketing association of 
     peanut producers described in paragraph (5)(A) may pool 
     peanuts for marketing in any manner determined appropriate by 
     the association, including the creation of a separate pool 
     for Valencia peanuts produced in New Mexico.
                                  ____

  SA 2563. Mr. HELMS submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       Beginning on page 97, strike line 11 and all that follows 
     through page 116, line 15, and insert the following:
       ``(C) Selection by producer.--If a county in which a 
     historical peanut producer described in subparagraph (A) is 
     located was declared a disaster area during 1 or more of the 
     4 crop years described in subparagraph (A), for purposes of 
     determining the 4-year average yield for the historical 
     peanut producer, the historical peanut producer may elect to 
     substitute the yield for peanuts on all farms of the peanut 
     producer for the 1996 or 1997 crop, for not more than 1 of 
     the crop years during which a disaster is declared.
       ``(2) Acreage average.--Except as provided in paragraph 
     (3), the Secretary shall determine, for the historical peanut 
     producer, the 4-year average of--
       ``(A) acreage planted to peanuts on all farms for harvest 
     during the 1998 through 2001 crop years; and
       ``(B) any acreage that was prevented from being planting to 
     peanuts during the crop years because of drought, flood, or 
     other natural disaster, or other condition beyond the control 
     of the historical peanut producer, as determined by the 
     Secretary.
       ``(3) Selection by producer.--If a county in which a 
     historical peanut producer described in paragraph (2) is 
     located is declared a disaster area during 1 or more of the 4 
     crop years described in paragraph (2), for purposes of 
     determining the 4-year average acreage 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--
       ``(A) the State average of acreage actually planted to 
     peanuts; or
       ``(B) the average of acreage for the historical peanut 
     producer determined by the Secretary under paragraph (2).
       ``(4) Time for determinations; factors.--
       ``(A) Timing.--The Secretary shall make the determinations 
     required by this subsection not later than 90 days after the 
     date of enactment of this section.
       ``(B) Factors.--In making the determinations, the Secretary 
     shall take into account changes in the number and identity of 
     historical peanut producers sharing in the risk of producing 
     a peanut crop since the 1998 crop year, including providing a 
     method for the assignment of average acres and average yield 
     to a farm when a historical peanut producer is no longer 
     living or an entity composed of historical peanut producers 
     has been dissolved.
       ``(b) Assignment of Yield and Acres to Farms.--
       ``(1) Assignment by historical peanut producers.--For each 
     of the 2002 and 2003 crop years, the Secretary shall provide 
     each historical peanut producer 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.
       ``(2) 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.
       ``(3) 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.--Not later than 180 days after the date of 
     enactment of this section for the 2002 crop, and not later 
     than 180 days after January 1, 2003, for the 2003 crop, a 
     historical peanut producer shall notify the Secretary of the 
     assignments described in subsection (b).
       ``(d) Payment Acres.--The payment acres for peanuts on a 
     farm shall be equal to 85 percent of the peanut acres 
     assigned to the farm.
       ``(e) Prevention of Excess Peanut Acres.--
       ``(1) Required reduction.--If the total of the peanut acres 
     for a farm, together with the acreage described in paragraph 
     (3), exceeds the actual cropland acreage of the farm, the 
     Secretary shall reduce the quantity of peanut acres for the 
     farm or contract acreage for 1 or more covered commodities 
     for the farm as necessary so that the total of the peanut 
     acres and acreage described in paragraph (3) does not exceed 
     the actual cropland acreage of the farm.
       ``(2) Selection of acres.--The Secretary shall give the 
     peanut producers on the farm the opportunity to select the 
     peanut acres or contract acreage against which the reduction 
     will be made.
       ``(3) Other acreage.--For purposes of paragraph (1), the 
     Secretary shall include--
       ``(A) any contract acreage for the farm under subtitle B;
       ``(B) any acreage on the farm enrolled in the conservation 
     reserve program or wetlands reserve program under chapter 1 
     of subtitle D of title XII of the Food Security Act of 1985 
     (16 U.S.C. 3830 et seq.); and
       ``(C) any other acreage on the farm enrolled in a 
     conservation program for which payments are made in exchange 
     for not producing an agricultural commodity on the acreage.
       ``(3) Double-cropped acreage.--In applying paragraph (1), 
     the Secretary shall take into account additional acreage as a 
     result of an established double-cropping history on a farm, 
     as determined by the Secretary.

     ``SEC. 158C. DIRECT PAYMENTS FOR PEANUTS.

       ``(a) In General.--For each of the 2002 through 2006 fiscal 
     years, the Secretary shall make direct payments to peanut 
     producers on a farm with peanut acres under section 158B and 
     a payment yield for peanuts under section 158B.
       ``(b) Payment Rate.--The payment rate used to make direct 
     payments with respect to peanuts for a fiscal year shall be 
     equal to $0.018 per pound.
       ``(c) Payment Amount.--The amount of the direct payment to 
     be paid to the peanut producers on a farm for peanuts for a 
     fiscal year shall be equal to the product obtained by 
     multiplying--
       ``(1) the payment rate specified in subsection (b);
       ``(2) the payment acres on the farm; by
       ``(3) the payment yield for the farm.
       ``(d) Time for Payment.--
       ``(1) In general.--The Secretary shall make direct 
     payments--
       ``(A) in the case of the 2002 fiscal year, during the 
     period beginning December 1, 2001, and ending September 30, 
     2002; and
       ``(B) in the case of each of the 2003 through 2006 fiscal 
     years, not later than September 30 of the fiscal year.
       ``(2) Advance payments.--
       ``(A) In general.--At the option of the peanut producers on 
     a farm, the Secretary shall pay 50 percent of the direct 
     payment for a fiscal year for the producers on the farm on a 
     date selected by the peanut producers on the farm.
       ``(B) Selected date.--The selected date for a fiscal year 
     shall be on or after December 1 of the fiscal year.
       ``(C) Subsequent fiscal years.--The peanut producers on a 
     farm may change the selected date for a subsequent fiscal 
     year by providing advance notice to the Secretary.
       ``(3) Repayment of advance payments.--If any peanut 
     producer on a farm that receives an advance direct payment 
     for a fiscal year ceases to be eligible for a direct payment 
     before the date the direct payment would have been made by 
     the Secretary under paragraph (1), the peanut producer shall 
     be responsible for repaying the Secretary the full amount of 
     the advance payment.

     ``SEC. 158D. COUNTER-CYCLICAL PAYMENTS FOR PEANUTS.

       ``(a) In General.--For each of the 2002 through 2006 crops 
     of peanuts, the Secretary shall make counter-cyclical 
     payments with respect to peanuts if the Secretary determines 
     that the effective price for peanuts is less than the income 
     protection price for peanuts.
       ``(b) Effective Price.--For purposes of subsection (a), the 
     effective price for peanuts is equal to the total of--
       ``(1) the greater of--
       ``(A) the national average market price received by peanut 
     producers during the marketing season for peanuts, as 
     determined by the Secretary; or
       ``(B) the national average loan rate for a marketing 
     assistance loan for peanuts under section 158G in effect for 
     the marketing season for peanuts under this chapter; and
       ``(2) the payment rate in effect for peanuts under section 
     158C for the purpose of making direct payments with respect 
     to peanuts.
       ``(c) Income Protection Price.--For purposes of subsection 
     (a), the income protection price for peanuts shall be equal 
     to $520 per ton.

[[Page 26054]]

       ``(d) Payment Amount.--The amount of the counter-cyclical 
     payment to be paid to the peanut producers on a farm for a 
     crop year shall be equal to the product obtained by 
     multiplying--
       ``(1) the payment rate specified in subsection (e);
       ``(2) the payment acres on the farm; by
       ``(3) the payment yield for the farm.
       ``(e) Payment Rate.--The payment rate used to make counter-
     cyclical payments with respect to peanuts for a crop year 
     shall be equal to the difference between--
       ``(1) the income protection price for peanuts; and
       ``(2) the effective price determined under subsection (b) 
     for peanuts.
       ``(f) Time for Payments.--
       ``(1) In general.--The Secretary shall make counter-
     cyclical payments to peanut producers on a farm under this 
     section for a crop of peanuts as soon as practicable after 
     determining under subsection (a) that the payments are 
     required for the crop year.
       ``(2) Partial payment.--
       ``(A) In general.--At the option of the Secretary, the 
     peanut producers on a farm may elect to receive up to 40 
     percent of the projected counter-cyclical payment to be made 
     under this section for a crop of peanuts on completion of the 
     first 2 months of the marketing season for the crop, as 
     determined by the Secretary.
       ``(B) Repayment.--The peanut producers on a farm shall 
     repay to the Secretary the amount, if any, by which the 
     payment received by producers on the farm (including any 
     partial payments) exceeds the counter-cyclical payment the 
     producers on the farm are eligible for under this section.

     ``SEC. 158E. PRODUCER AGREEMENTS.

       ``(a) Compliance With Certain Requirements.--
       ``(1) Requirements.--Before the peanut producers on a farm 
     may receive direct payments or counter-cyclical payments with 
     respect to the farm, the peanut producers on the farm shall 
     agree during the fiscal year or crop year, respectively, for 
     which the payments are received, in exchange for the 
     payments--
       ``(A) to comply with applicable highly erodible land 
     conservation requirements under subtitle B of title XII of 
     the Food Security Act of 1985 (16 U.S.C. 3811 et seq.);
       ``(B) to comply with applicable wetland conservation 
     requirements under subtitle C of title XII of that Act (16 
     U.S.C. 3821 et seq.);
       ``(C) to comply with the planting flexibility requirements 
     of section 158F; and
       ``(D) to use a quantity of the land on the farm equal to 
     the peanut acres, for an agricultural or conserving use, and 
     not for a nonagricultural commercial or industrial use, as 
     determined by the Secretary.
       ``(2) Compliance.--The Secretary may promulgate such 
     regulations as the Secretary considers necessary to ensure 
     peanut producer compliance with paragraph (1).
       ``(b) Foreclosure.--
       ``(1) In general.--The Secretary shall not require the 
     peanut producers on a farm to repay a direct payment or 
     counter-cyclical payment if a foreclosure has occurred with 
     respect to the farm and the Secretary determines that 
     forgiving the repayment is appropriate to provide fair and 
     equitable treatment.
       ``(2) Compliance with requirements.--
       ``(A) In general.--This subsection shall not void the 
     responsibilities of the peanut producers on a farm under 
     subsection (a) if the peanut producers on the farm continue 
     or resume operation, or control, of the farm.
       ``(B) Applicable requirements.--On the resumption of 
     operation or control over the farm by the peanut producers on 
     the farm, the requirements of subsection (a) in effect on the 
     date of the foreclosure shall apply.
       ``(c) Transfer or Change of Interest in Farm.--
       ``(1) Termination.--Except as provided in paragraph (5), a 
     transfer of (or change in) the interest of the peanut 
     producers on a farm in peanut acres for which direct payments 
     or counter-cyclical payments are made shall result in the 
     termination of the payments with respect to the peanut acres, 
     unless the transferee or owner of the acreage agrees to 
     assume all obligations under subsection (a).
       ``(2) Effective date.--The termination takes effect on the 
     date of the transfer or change.
       ``(3) Transfer of payment base and yield.--The Secretary 
     shall not impose any restriction on the transfer of the 
     peanut acres or payment yield of a farm as part of a transfer 
     or change described in paragraph (1).
       ``(4) Modification.--At the request of the transferee or 
     owner, the Secretary may modify the requirements of 
     subsection (a) if the modifications are consistent with the 
     purposes of subsection (a), as determined by the Secretary.
       ``(5) Exception.--If a peanut producer entitled to a direct 
     payment or counter-cyclical payment dies, becomes 
     incompetent, or is otherwise unable to receive the payment, 
     the Secretary shall make the payment, in accordance with 
     regulations promulgated by the Secretary.
       ``(d) Acreage Reports.--As a condition on the receipt of 
     any benefits under this chapter, the Secretary shall require 
     the peanut producers on a farm to submit to the Secretary 
     acreage reports for the farm.
       ``(e) Tenants and Sharecroppers.--In carrying out this 
     chapter, the Secretary shall provide adequate safeguards to 
     protect the interests of tenants and sharecroppers.
       ``(f) Sharing of Payments.--The Secretary shall provide for 
     the sharing of direct payments and counter-cyclical payments 
     among the peanut producers on a farm on a fair and equitable 
     basis.

     ``SEC. 158F. PLANTING FLEXIBILITY.

       ``(a) Permitted Crops.--Subject to subsection (b), any 
     commodity or crop may be planted on peanut acres on a farm.
       ``(b) Limitations and Exceptions Regarding Certain 
     Commodities.--
       ``(1) Limitations.--The planting of the following 
     agricultural commodities shall be prohibited on peanut acres:
       ``(A) Fruits.
       ``(B) Vegetables (other than lentils, mung beans, and dry 
     peas).
       ``(C) In the case of the 2003 and subsequent crops of an 
     agricultural commodity, wild rice.
       ``(2) Exceptions.--Paragraph (1) shall not limit the 
     planting of an agricultural commodity specified in paragraph 
     (1)--
       ``(A) in any region in which there is a history of double-
     cropping of peanuts with agricultural commodities specified 
     in paragraph (1), as determined by the Secretary, in which 
     case the double-cropping shall be permitted;
       ``(B) on a farm that the Secretary determines has a history 
     of planting agricultural commodities specified in paragraph 
     (1) on peanut acres, except that direct payments and counter-
     cyclical payments shall be reduced by an acre for each acre 
     planted to the agricultural commodity; or
       ``(C) by the peanut producers on a farm that the Secretary 
     determines has an established planting history of a specific 
     agricultural commodity specified in paragraph (1), except 
     that--
       ``(i) the quantity planted may not exceed the average 
     annual planting history of the agricultural commodity by the 
     peanut producers on the farm during the 1996 through 2001 
     crop years (excluding any crop year in which no plantings 
     were made), as determined by the Secretary; and
       ``(ii) direct payments and counter-cyclical payments shall 
     be reduced by an acre for each acre planted to the 
     agricultural commodity.

     ``SEC. 158G. MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY 
                   PAYMENTS FOR PEANUTS.

       ``(a) Nonrecourse Loans Available.--
       ``(1) Availability.--For each of the 2002 through 2006 
     crops of peanuts, the Secretary shall make available to 
     peanut producers on a farm nonrecourse marketing assistance 
     loans for peanuts produced on the farm.
       ``(2) Terms and conditions.--The loans shall be made under 
     terms and conditions that are prescribed by the Secretary and 
     at the loan rate established under subsection (b).
       ``(3) Eligible production.--The producers on a farm shall 
     be eligible for a marketing assistance loan under this 
     section for any quantity of peanuts produced on the farm.
       ``(4) Treatment of certain commingled commodities.--In 
     carrying out this section, the Secretary shall make loans to 
     peanut producers on a farm that would be eligible to obtain a 
     marketing assistance loan but for the fact the peanuts owned 
     by the peanut producers on the farm are commingled with other 
     peanuts of other producers in facilities unlicensed for the 
     storage of agricultural commodities by the Secretary or a 
     State licensing authority, if the peanut producers on a farm 
     obtaining the loan agree to immediately redeem the loan 
     collateral in accordance with section 158E.
       ``(5) Options for obtaining loan.--A marketing assistance 
     loan under this subsection, and loan deficiency payments 
     under subsection (e), may be obtained at the option of the 
     peanut producers on a farm through--
       ``(A) a designated marketing association of peanut 
     producers that is approved by the Secretary, which may own or 
     construct necessary storage facilities;
       ``(B) the Farm Service Agency; or
       ``(C) a loan servicing agent approved by the Secretary.
       ``(b) Loan Rate.--The loan rate for a marketing assistance 
     loan for peanuts under subsection (a) shall be equal to $400 
     per ton.
       ``(c) Term of Loan.--
       ``(1) In general.--A marketing assistance loan for peanuts 
     under subsection (a) shall have a term of 9 months beginning 
     on the first day of the first month after the month in which 
     the loan is made.
       ``(2) Extensions prohibited.--The Secretary may not extend 
     the term of a marketing assistance loan for peanuts under 
     subsection (a).
       ``(d) Repayment Rate.--The Secretary shall permit peanut 
     producers on a farm to repay a marketing assistance loan for 
     peanuts under subsection (a) at a rate that is the lesser 
     of--
       ``(1) the loan rate established for peanuts under 
     subsection (b), plus interest (as determined by the 
     Secretary); or
       ``(2) a rate that the Secretary determines will--
       ``(A) minimize potential loan forfeitures;
       ``(B) minimize the accumulation of stocks of peanuts by the 
     Federal Government;

[[Page 26055]]

       ``(C) minimize the cost incurred by the Federal Government 
     in storing peanuts; and
       ``(D) allow peanuts produced in the United States to be 
     marketed freely and competitively, both domestically and 
     internationally.
       ``(e) Loan Deficiency Payments.--
       ``(1) Availability.--The Secretary may make loan deficiency 
     payments available to the peanut producers on a farm that, 
     although eligible to obtain a marketing assistance loan for 
     peanuts under subsection (a), agree to forgo obtaining the 
     loan for the peanuts in return for payments under this 
     subsection.
       ``(2) Amount.--A loan deficiency payment under this 
     subsection shall be obtained by multiplying--
       ``(A) the loan payment rate determined under paragraph (3) 
     for peanuts; by
       ``(B) the quantity of the peanuts produced by the peanut 
     producers on the farm, excluding any quantity for which the 
     producers on the farm obtain a loan under subsection (a).
       ``(3) Loan payment rate.--For purposes of this subsection, 
     the loan payment rate shall be the amount by which--
       ``(A) the loan rate established under subsection (b); 
     exceeds
       ``(B) the rate at which a loan may be repaid under 
     subsection (d).
       ``(4) Time for payment.--The Secretary shall make a payment 
     under this subsection to the peanut producers on a farm with 
     respect to a quantity of peanuts as of the earlier of--
       ``(A) the date on which the peanut producers on the farm 
     marketed or otherwise lost beneficial interest in the 
     peanuts, as determined by the Secretary; or
       ``(B) the date the peanut producers on the farm request the 
     payment.
       ``(f) Compliance With Conservation Requirements.--As a 
     condition of the receipt of a marketing assistance loan under 
     subsection (a), the peanut producers on a farm shall comply 
     during the term of the loan with--
       ``(1) applicable highly erodible land conservation 
     requirements under subtitle B of title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3811 et seq.); and
       ``(2) applicable wetland conservation requirements under 
     subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.).
       ``(g) Reimbursable Agreements and Payment of Expenses.--To 
     the maximum extent practicable, the Secretary shall implement 
     any reimbursable agreements or provide for the payment of 
     expenses under this chapter in a manner that is consistent 
     with the implementation of the agreements or payment of the 
     expenses for other commodities.

     ``SEC. 158H. QUALITY IMPROVEMENT.

       ``(a) Official Inspection.--All edible peanuts produced in 
     the United States shall be officially inspected and graded by 
     a Federal or State inspector.
                                  ____

  SA 2564. Mr. HELMS submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 128, line 8, strike the period at the end and 
     insert a period and the following:

     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''.
                                  ____

  SA 2565. Mr. HELMS submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 374, line 12, strike ``more than 50 percent'' and 
     insert the words ``40 percent or more''.
                                  ____

  SA 2566. Mr. HELMS submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 765, strike line 21 and insert the following:

     SEC. 748. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.

       Section 604 of the Agricultural Research, Extension, and 
     Education Reform Act of 1998 (7 U.S.C. 7642) is amended by 
     adding at the end the following:
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal year 2002 through 2006.''.
                                  ____

  SA 2567. Mr. HELMS submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 977, strike the period at the end of line 15 and 
     insert a period and the following:

     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 with input, consultation, and 
     recommendations from the Secretary of Health and Human 
     Services and the Institute for Animal Laboratory Research 
     within the National Academy of Sciences;
       (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 
     or Department of Health and Human Services, or accreditation 
     requirements of the Association for Assessment and 
     Accreditation of Laboratory Animal Care;
       (3) contain an estimate of the additional costs likely to 
     be incurred by breeders and research facilities resulting 
     from the additional regulatory requirements; and
       (4) contain an estimate of the additional funding that the 
     Animal and Plant Health Inspection Service would require to 
     be able to ensure that the quality and frequency of 
     inspections by the Department of Agriculture relating to 
     other animals are not diminished by the increase in the 
     number of facilities that would require inspections if the 
     definition were amended to include rats, mice, and birds.
                                  ____

  SA 2568. Mr. HELMS submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 984, line 2, strike the period at the end and 
     insert the following:

     SEC. 10__. STUDY OF NONAMBULATORY LIVESTOCK.

       The Secretary--
       (1) shall investigate and submit to Congress a report on--
       (A) the scope and cause of nonambulatory livestock; and
       (B) the extent to which nonambulatory livestock may present 
     handling and disposition problems during marketing; and
       (2) based on the findings in the report, may promulgate 
     regulations for the appropriate treatment, handling, and 
     disposition of nonambulatory livestock at market agencies and 
     dealers.
                                  ____

  SA 2569. Mr. HELMS submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 945, strike lines 6 and 7 and insert the following:

     SEC. 1024. DEFINITION OF ANIMAL UNDER THE ANIMAL WELFARE ACT.

       Section 2(g) of the Animal Welfare Act (7 U.S.C. 2132(g)) 
     is amended by striking ``excludes horses not used for 
     research purposes and'' and inserting the following: ``birds, 
     rats of the genus Rattus, and mice of the genus

[[Page 26056]]

     Mus bred for use in research, horses not used for research 
     purposes, and''.

     SEC. 1025. PENALTIES AND FOREIGN COMMERCE PROVISIONS OF THE 
                   ANIMAL WELFARE ACT.
                                  ____


  SA 2570. Mr. HELMS submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       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 was declared a disaster area during 1 or more of the 
     4 crop years described in subparagraph (A), for purposes of 
     determining the 4-year average yield for the historical 
     peanut producer, the historical peanut producer may elect to 
     substitute the yield for peanuts on all farms of the peanut 
     producer for the 1996 or 1997 crop, for not more than 1 of 
     the crop years during which a disaster is declared.
       On page 99, line 6, strike ``The'' and insert ``For each of 
     the 2002 and 2003 crop years, the''.
       On page 99, line 24, insert after ``section'' the 
     following: ``for the 2002 crop, and not later than 180 days 
     after January 1, 2003, for the 2003 crop''.
       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 112, strike lines 20 through 22 and insert the 
     following:
       ``(A) a designated marketing association of peanut 
     producers that is approved by the Secretary, which may own or 
     construct necessary storage facilities;
       On page 116, strike lines 7 through 15 and insert the 
     following:
       ``(a) Official Inspection.--All edible peanuts produced in 
     the United States shall be officially inspected and graded by 
     a Federal or State inspector.
                                  ____

  SA 2571. Mr. CONRAD submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       On page 119, strike line 1 and insert the following:

     SEC. 165. ESTIMATES OF NET FARM INCOME.

       Section 194 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 6933) is amended to read as 
     follows:

     ``SEC. 194. 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;
       ``(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; 
     and
       ``(3) the definition of `commercial producer' used by the 
     Secretary in making estimates under this section.''.

     SEC. 166. PAYMENT LIMITATIONS.
                                  ____


  SA 2572. Mr. CONRAD submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       On page 63, strike lines 4 through 10 and insert the 
     following:
       (h) Substitutability of Sugar.--Section 156 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7251) 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 in refined form or in sugar containing products.''.
       (i) Crops.--Subsection (j) of section 156 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7251) (as redesignated by subsection (h)(1)) is amended--
       (1) by striking ``(other than subsection (f))''; and
       (2) by striking ``2002'' and inserting ``2006''.
       (j) Interest Rate.--Section 163 of the Federal Ag-
                                  ____

  SA 2573. Mr. BINGAMAN (for himself, Mr. Warner, and Mr. Allen) 
submitted an amendment intended to be proposed 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; which 
was ordered to lie on the table; as follows:

       Beginning on page 111, strike line 11 and all that follows 
     through page 117, line 12, and insert the following:

     ``SEC. 158G. MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY 
                   PAYMENTS FOR PEANUTS.

       ``(a) Nonrecourse Loans Available.--
       ``(1) Availability.--For each of the 2002 through 2006 
     crops of peanuts, the Secretary shall make available to 
     peanut producers on a farm nonrecourse marketing assistance 
     loans for peanuts produced on the farm.
       ``(2) Terms and conditions.--The loans shall be made under 
     terms and conditions that are prescribed by the Secretary and 
     at the loan rate established under subsection (b).
       ``(3) Eligible Production.--The producers on a farm shall 
     be eligible for a marketing assistance loan under this 
     section for any quantity of peanuts produced on the farm.
       ``(4) Treatment of certain commingled commodities.--In 
     carrying out this section, the Secretary shall make loans to 
     peanut producers on a farm that would be eligible to obtain a 
     marketing assistance loan but for the fact the peanuts owned 
     by the peanut producers on the farm are commingled with other 
     peanuts of other producers in facilities that have not 
     contracted with the Secretary for proper accounting, if the 
     peanut producers on a farm obtaining the loan agree to 
     immediately redeem the loan collateral in accordance with 
     section 158E.
       ``(5) Options for obtaining loan.--A marketing assistance 
     loan under this subsection, and loan deficiency payments 
     under subsection (e), may be obtained at the option of the 
     peanut producers on a farm through--
       ``(A) a designated area marketing association of peanut 
     producers that is selected and approved by the Secretary and 
     that is operated primarily for the purpose of conducting loan 
     activities on behalf of peanut producers. Such area marketing 
     associations may construct or own storage facilities as 
     necessary.
       ``(B) the Farm Service Agency; or
       ``(6) Pooling.--A designated area marketing association of 
     peanut producers described in paragraph (5)(A) may pool 
     peanuts for marketing in any manner determined appropriate by 
     the association, including the creation of a separate pool 
     for Valencia peanuts produced in New Mexico.
       ``(b) Loan Rate.--The loan rate for a marketing assistance 
     loan for peanuts under subsection (a) shall be equal to a 
     national average loan rate of $400 per ton adjusted for 
     differences in grade, type, quality, location, and other 
     factors, as determined by the Secretary.
       ``(c) Term of Loan.--
       ``(1) In general.--A marketing assistance loan for peanuts 
     under subsection (a) shall have a term of 9 months beginning 
     on the first day of the first month in which the loan is made 
     except that no peanuts may be forfeited to the Secretary in 
     satisfaction of a loan amount that remain in storage beyond 
     June 30 of the applicable year.
       ``(2) Extensions prohibited.--The Secretary may not extend 
     the term of a marketing assistance loan for peanuts under 
     subsection (a).
       ``(3) Association costs.--The amount of a loan made to 
     producers through an area marketing association under this 
     section may include, at the option of the association, such 
     costs as the area marketing association may reasonably incur 
     in carrying out this section, including the costs of making 
     loan deficiency payments.
       ``(d) Repayment Rate.--The Secretary shall permit peanut 
     producers on a farm or area marketing association as agents 
     of producers to repay a marketing assistance loan for peanuts 
     under subsection (a) at a rate that is the lesser of--

[[Page 26057]]

       ``(1) the loan rate established for peanuts under 
     subsection (b), plus interest (as determined by the 
     Secretary); or
       ``(2) a rate that the Secretary determines will--
       ``(A) minimize potential loan forfeitures;
       ``(B) minimize the accumulation of stocks of peanuts by the 
     Federal Government;
       ``(C) minimize the cost incurred by the Federal Government 
     in storing peanuts; and
       ``(D) allow peanuts produced in the United States to be 
     marketed freely and competitively, both domestically and 
     internationally.
       ``(e) Loan Deficiency Payments.--
       ``(1) Availability.--The Secretary may make loan deficiency 
     payments available to the peanut producers on a farm that, 
     although eligible to obtain a marketing assistance loan for 
     peanuts under subsection (a), agree to forgo obtaining the 
     loan for the peanuts in return for payments under this 
     subsection.
       ``(2) Amount.--A loan deficiency payment under this 
     subsection shall be obtained by multiplying--
       ``(A) the loan payment rate determined under paragraph (3) 
     for peanuts; by
       ``(B) the quantity of the peanuts produced by the peanut 
     producers on the farm, excluding any quantity for which the 
     producers on the farm obtain a loan under subsection (a).
       ``(3) Loan payment rate.--For purposes of this subsection, 
     the loan payment rate shall be the amount by which--
       ``(A) the loan rate established under subsection (b); 
     exceeds
       ``(B) the rate at which a loan may be repaid under 
     subsection (d).
       ``(4) Time for payment.--The Secretary shall make a payment 
     under this subsection to the peanut producers on a farm with 
     respect to a quantity of peanuts as of the earlier of--
       ``(A) the date on which the peanut producers on the farm 
     marketed or otherwise lost beneficial interest in the 
     peanuts, as determined by the Secretary; or
       ``(B) the date the peanut producers on the farm request the 
     payment.
       ``(f) Compliance With Conservation Requirements.--As a 
     condition of the receipt of a marketing assistance loan under 
     subsection (a), the peanut producers on a farm shall comply 
     during the term of the loan with--
       ``(1) applicable highly erodible land conservation 
     requirements under subtitle B of title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3811 et seq.); and
       ``(2) applicable wetland conservation requirements under 
     subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.).
       ``(g) Reimbursable Agreements and Payment of Expenses.--To 
     the maximum extent practicable, the Secretary shall implement 
     any reimbursable agreements or provide for the payment of 
     expenses under this chapter in a manner that is consistent 
     with the implementation of the agreements or payment of the 
     expenses for other commodities.
       ``(h) Special Competitive Determination.--
       ``(1) In general.--The Secretary shall conduct a study to 
     determine whether the ownership or control of peanut buying 
     points throughout the historical peanut growing areas 
     promotes noncompetitive marketing of peanuts in marketing 
     areas.
       ``(2) Noncompetitive marketing.--For the purpose of 
     paragraph (1) and subsection (g), noncompetitive marketing of 
     peanuts exists if--
       ``(A) peanut producers must haul peanuts produced by the 
     producers an unreasonable distance to market the peanuts, as 
     determined by the Secretary;
       ``(B) handlers of peanuts fail to provide reasonable 
     warehouse storage space to area marketing associations that 
     would allow peanut producers to obtain a marketing assistance 
     loan under this section for peanuts stored in the warehouses; 
     or
       ``(C) competitive sales options are not available to peanut 
     producers.
       ``(3) 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.
       ``(i) Noncompetitive Marketing.--If the Secretary 
     determines that noncompetitive marketing exists in a 
     marketing area, the Secretary shall--
       ``(1) make warehouse stored marketing assistance loans 
     available in the marketing area to a designated area 
     marketing association of peanut producers in the marketing 
     area that is approved by the Secretary;
       ``(2) contract with the area marketing association to 
     administer and supervise activities relating to loans and 
     marketing activities under this section;
       ``(3) include in a marketing assistance loan made to an 
     area marketing association in the marketing area, at the 
     option of the marketing association, such costs as the area 
     marketing association may reasonably incur in carrying out 
     the responsibilities, operations, and activities of the 
     association and Commodity Credit Corporation under this 
     section; and
       ``(4) require each handler in the marketing area (as 
     determined by the Secretary)--
       ``(A) to report commercial warehouse storage capacity to 
     the Secretary; and
       ``(B) to commit any storage owned or controlled by the 
     handler that is not needed for the storage of the peanuts of 
     the handler to the Secretary for the purpose of making 
     marketing assistance loans available to peanut producers at 
     all locations where peanuts are marketed and stored.
       ``(j) Definition of Commingle.--In this section and section 
     158H, the term `commingle', with respect to peanuts, means--
       ``(1) the mixing of peanuts produced on different farms by 
     the same or different producers; or
       ``(2) the mixing of peanuts pledged for marketing 
     assistance loans with peanuts that are not pledged for 
     marketing assistance loans, to facilitate storage.

     ``SEC. 158H. QUALITY IMPROVEMENT.

       ``(a) Mandatory Inspection.--All peanuts for consumption in 
     the United States or exported, shall be officially inspected 
     and graded by Federal or State inspectors.
       ``(b) Accounting for Commingled Peanuts.--All peanuts 
     stored commingled with peanuts covered by a marketing 
     assistance loan shall be graded and exchanged on a dollar 
     value basis, unless the Secretary determines that the 
     beneficial interest in the peanuts covered by the marketing 
     assistance loan have been transferred to other parties prior 
     to demand for delivery.''.
                                  ____

  SA 2574. Mr. DORGAN (for himself, Mr. Grassley, Mr. Hagel, Mr. Lugar, 
 Mr. Johnson, Mr. Nelson of Nebraska, Mr. Torricelli, and Mr. 
Wellstone) submitted an amendment intended to be proposed by him 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; which 
was ordered to lie on the table; as follows:

       Strike section 178 and insert the following:

     SEC. 178. PAYMENT LIMITATIONS; NUTRITION AND COMMODITY 
                   PROGRAMS.

       (a) Payment Limitations.--
       (1) In general.--Section 1001 of the Food Security Act of 
     1985 (7 U.S.C. 1308) is amended by striking paragraphs (1) 
     through (6) and inserting the following:
       ``(1) Limitations on direct and counter-cyclical 
     payments.--Subject to paragraph (5)(A), the total amount of 
     direct payments and counter-cyclical payments made directly 
     or indirectly to an individual or entity during any fiscal 
     year may not exceed $85,000.
       ``(2) Limitations on marketing loan gains, loan deficiency 
     payments, and commodity certificate transactions.--
       ``(A) In general.--Subject to paragraph (5)(A), the total 
     amount of the payments and benefits described in subparagraph 
     (B) that an individual or entity may directly or indirectly 
     receive during any crop year may not exceed $125,000.
       ``(B) Payments and benefits.--Subparagraph (A) shall apply 
     to the following payments and benefits:
       ``(i) Marketing loan gains.--

       ``(I) Repayment gains.--Any gain realized by a producer 
     from repaying a marketing assistance loan under section 131 
     or 158G(a) of the Federal Agriculture Improvement and Reform 
     Act of 1996 for a crop of any loan commodity or peanuts, 
     respectively, at a lower level than the original loan rate 
     established for the loan commodity or peanuts under section 
     132 or 158G(d) of that Act, respectively.
       ``(II) Forfeiture gains.--In the case of settlement of a 
     marketing assistance loan under section 131 or 158G(a) of 
     that Act for a crop of any loan commodity or peanuts, 
     respectively, by forfeiture, the amount by which the loan 
     amount exceeds the repayment amount for the loan if the loan 
     had been settled by repayment instead of forfeiture.

       ``(ii) Loan deficiency payments.--Any loan deficiency 
     payment received for a loan commodity or peanuts under 
     section 135 or 158G(e) of that Act, respectively.
       ``(iii) Commodity certificates.--Any gain realized from the 
     use of a commodity certificate issued by the Commodity Credit 
     Corporation, as determined by the Secretary, including the 
     use of a certificate for the settlement of a marketing 
     assistance loan made under section 131 or 158G(a) of that 
     Act.
       ``(3) Settlement of certain loans.--Notwithstanding 
     subtitle C and section 158G of the Federal Agriculture 
     Improvement and Reform Act of 1996, if the amount of payments 
     and benefits described in paragraph (2)(B) attributed 
     directly or indirectly to an individual or entity for a crop 
     year reaches the limitation described in paragraph (2)(A), 
     the portion of any unsettled marketing assistance loan made 
     under section 131 or 158G(a) of that Act attributed directly 
     or indirectly to the individual or entity shall be settled 
     through the repayment of the total loan principal, plus 
     applicable interest.
       ``(4) Definitions.--In this section and sections 1001A 
     through 1001F:
       ``(A) Counter-cyclical payment.--The term `counter-cyclical 
     payment'' means a payment made under section 114 or 158D of

[[Page 26058]]

     the Federal Agriculture Improvement and Reform Act of 1996.
       ``(B) Direct payment.--The term `direct payment' means a 
     payment made under section 113 or 158C of that Act.
       ``(C) Loan commodity.--The term `loan commodity' has the 
     meaning given the term in section 102 of that Act.
       ``(D) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.
       ``(5) Application of limitation.--
       ``(A) Married couples.--The total amount of payments and 
     benefits described paragraphs (1) and (2) that a married 
     couple may receive directly or indirectly may not exceed 
     $260,000 during the fiscal or crop year (as appropriate).
       ``(B) Tenant rule.--
       ``(i) In general.--Any individual or entity that conducts a 
     farming operation to produce a crop subject to the 
     limitations established under this section as a tenant shall 
     be ineligible to receive any payment or benefit described in 
     paragraph (1) or (2), or subtitle D of title XII, with 
     respect to the land unless the individual or entity makes a 
     contribution of active personal labor to the operation that 
     is at least equal to the lesser of--

       ``(I) 1000 hours; or
       ``(II) 40 percent of the minimum number of labor hours 
     required to produce each commodity by the operation (as 
     described in clause (ii)).

       ``(ii) Minimum number of labor hours.--For the purpose of 
     clause (i)(II), the minimum number of labor hours required to 
     produce each commodity shall be equal to the number of hours 
     that would be necessary to conduct a farming operation for 
     the production of each commodity that is comparable in size 
     to an individual or entity's commensurate share in the 
     farming operation for the production of the commodity, based 
     on the minimum number of hours per acre required to produce 
     the commodity in the State where the farming operation is 
     located, as determined by the Secretary.
       ``(6) Public schools.--The provisions of this section that 
     limit payments to any individual or entity shall not be 
     applicable to land owned by a public school district or land 
     owned by a State that is used to maintain a public school.''.
       (2) Substantive change.--Section 1001A(a) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-1(a)) is amended--
       (A) in the section heading, by striking ``PREVENTION OF 
     CREATION OF ENTITIES TO QUALITY AS SEPARATE PERSONS;'' and 
     inserting ``SUBSTANTIVE CHANGE;'';
       (B) by striking ``(a) Prevention'' and all that follows 
     through the end of paragraph (2) and inserting the following:
       ``(a) Substantive change.--
       ``(1) In general.--The Secretary may not approve (for 
     purposes of the application of the limitations under this 
     section) any change in a farming operation that otherwise 
     will increase the number of individuals or entities to which 
     the limitations under this section are applied unless the 
     Secretary determines that the change is bona fide and 
     substantive.
       ``(2) Family members.--For the purpose of paragraph (1), 
     the addition of a family member to a farming operation under 
     the criteria established under subsection (b)(1)(B) shall be 
     considered a bona fide and substantive change in the farming 
     operation.'';
       (C) in the first sentence of paragraph (3)--
       (i) by striking ``as a separate person''; and
       (ii) by inserting ``, as determined by the Secretary'' 
     before the period at the end; and
       (D) by striking paragraph (4).
       (3) Actively engaged in farming.--Section 1001A(b) of the 
     Food Security Act of 1985 (7 U.S.C. 1308-1(b)) is amended--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--To be eligible to receive, directly or 
     indirectly, payments (as described in paragraphs (1) and (2) 
     of section 1001 as being subject to limitation) with respect 
     to a particular farming operation an individual or entity 
     shall be actively engaged in farming with respect to the 
     operation, as provided under paragraphs (2), (3), and (4).'';
       (B) in paragraph (2), by adding at the end the following:
       ``(E) Active personal management.--For an individual to be 
     considered to be providing active personal management under 
     this paragraph on behalf of the individual or a corporation 
     or entity, the management provided by the individual shall be 
     personally provided on a regular, substantial, and continuous 
     basis through the direction supervision and direction of--
       ``(i) activities and labor involved in the farming 
     operation; and
       ``(ii) on-site services that are directly related and 
     necessary to the farming operation.'';
       (C) in paragraph (3)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Landowners.--An individual or entity that is a 
     landowner contributing the owned land to the farming 
     operation and that meets the standard provided in clauses 
     (ii) and (iii) of paragraph (2)(A), if the landowner--
       ``(i) share rents the land; or
       ``(ii) makes a significant contribution of active personal 
     management.''; and
       (ii) in subparagraph (B), by striking ``persons'' and 
     inserting ``individuals and entities''; and
       (D) in paragraph (4)--
       (i) in the paragraph heading, by striking ``Persons'' and 
     inserting ``Individuals and entities'';
       (ii) in the matter preceding subparagraph (A), by striking 
     ``persons'' and inserting ``individuals and entities''; and
       (iii) in subparagraph (B)--

       (I) in the subparagraph heading, by striking ``persons'' 
     and inserting ``individuals and entities''; and
       (II) by striking ``person, or class of persons'' and 
     inserting ``individual or entity, or class of individuals or 
     entities'';

       (E) by striking paragraph (5);
       (F) in paragraph (6), by striking ``a person'' and 
     inserting ``an individual or entity''; and
       (G) by redesignating paragraph (6) as paragraph (5).
       (4) Administration.--Section 1001A of the Food Security Act 
     of 1985 (7 U.S.C. 1308-1) is amended by adding at the end the 
     following:
       ``(c) Administration.--
       ``(1) Reviews.--
       ``(A) In general.--During each of fiscal years 2002 through 
     2006, the Office of Inspector General for the Department of 
     Agriculture shall conduct a review of the administration of 
     the requirements of this section and sections 1001, 1001B, 
     1001C, and 1001E in at least 6 States.
       ``(B) Minimum number of counties.--Each State review 
     described in subparagraph (A) shall cover at least 5 counties 
     in the State.
       ``(C) Report.--Not later than 90 days after completing a 
     review described in subparagraph (A), the Inspector General 
     for the Department of Agriculture shall issue a final report 
     to the Secretary of the findings of the Inspector General.
       ``(2) Effect of report.--If a report issued under paragraph 
     (1) reveals that significant problems exist in the 
     implementation of payment limitation requirements of this 
     section and sections 1001, 1001B, 1001C, and 1001E in a State 
     and the Secretary agrees that the problems exist, the 
     Secretary--
       ``(A) shall initiate a training program regarding the 
     payment limitation requirements; and
       ``(B) may require that all payment limitation 
     determinations regarding farming operations in the State be 
     issued from the headquarters of the Farm Service Agency.''.
       (5) Scheme or device.--Section 1001B of the Food Security 
     Act of 1985 (7 U.S.C. 1308-2) is amended by striking 
     ``person'' each place it appears and inserting ``individual 
     or entity''.
       (6) Foreign individuals and entities.--Section 1001C(b) of 
     the Food Security Act of 1985 (7 U.S.C. 1308-3(b)) is amended 
     in the first sentence by striking ``considered a person that 
     is''.
       (7) Education program.--Section 1001D(c) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-4(c)) is amended by 
     striking ``5 persons'' and inserting ``5 individuals or 
     entities''.
       (8) Report to congress.--No later than 180 days after the 
     date of enactment of this Act, the Secretary of Agriculture 
     shall provide a report to and to the Committee on Agriculture 
     of the House of Representatives and the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate that 
     describes--
       (A) how State and county office employees are trained 
     regarding the payment limitation requirements of section 1001 
     through 1001E of the Food Security Act of 1985 (7 U.S.C. 1308 
     through 1308-5);
       (B) the general procedures used by State and county office 
     employees to identify potential violations of the payment 
     limitation requirements;
       (C) the requirements for State and county office employees 
     to report serious violations of the payment limitation 
     requirements, including violations of section 1001B of that 
     Act to the county committee, higher level officials of the 
     Farm Service Agency, and to the Office of Inspector General; 
     and
       (D) the sanctions imposed against State and county office 
     employees who fail to report or investigate potential 
     violations of the payment limitation requirements.
       (b) Net Income Limitation.--The Food Security Act of 1985 
     is amended by inserting after section 1001E (7 U.S.C. 1308-5) 
     the following:

     ``SEC. 1001F. NET INCOME LIMITATION.

       ``Notwithstanding any other provision of title I of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7201 et seq.), an owner or producer shall not be 
     eligible for a payment or benefit described in paragraphs (1) 
     or (2) of section 1001 for a fiscal or crop year (as 
     appropriate) if the average adjusted gross income (as defined 
     in section 62 of the Internal Revenue Code of 1986) of the 
     owner or producer for each of the preceding 3 taxable years 
     exceeds $2,500,000.''.
       (c) Food Stamp Program.--
       (1) Increase in benefits to households with children.--
     Section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) 
     is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Standard deduction.--
       ``(A) In general.--Subject to the other provisions of this 
     paragraph, the Secretary shall allow for each household a 
     standard deduction that is equal to the greater of--
       ``(i) the applicable percentage specified in subparagraph 
     (D) of the applicable income

[[Page 26059]]

     standard of eligibility established under subsection (c)(1); 
     or
       ``(ii) the minimum deduction specified in subparagraph (E).
       ``(B) Guam.--The Secretary shall allow for each household 
     in Guam a standard deduction that is--
       ``(i) equal to the applicable percentage specified in 
     subparagraph (D) of twice the income standard of eligibility 
     established under subsection (c)(1) for the 48 contiguous 
     States and the District of Columbia; but
       ``(ii) not less than the minimum deduction for Guam 
     specified in subparagraph (E).
       ``(C) Households of 6 or more members.--The income standard 
     of eligibility established under subsection (c)(1) for a 
     household of 6 members shall be used to calculate the 
     standard deduction for each household of 6 or more members.
       ``(D) Applicable percentage.--For the purpose of 
     subparagraph (A), the applicable percentage shall be--
       ``(i) 8 percent for each of fiscal years 2002 through 2004;
       ``(ii) 8.25 percent for each of fiscal years 2005 and 2006;
       ``(iii) 8.5 percent for each of fiscal years 2007 and 2008;
       ``(iv) 8.75 percent for fiscal year 2009; and
       ``(v) 9 percent for each of fiscal years 2010 and 2011.
       ``(E) Minimum deduction.--The minimum deduction shall be 
     $134, $229, $189, $269, and $118 for the 48 contiguous States 
     and the District of Columbia, Alaska, Hawaii, Guam, and the 
     Virgin Islands of the United States, respectively.''.
       (2) 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''.
       (3) Federal reimbursement.--Section 16(h)(3) of the Food 
     Stamp Act of 1977 (7 U.S.C. 2025(h)(3)) is amended by 
     striking ``such total amount shall not exceed an amount 
     representing $25 per participant per month for costs of 
     transportation and other actual costs (other than dependent 
     care costs) and'' and inserting ``the amount of the 
     reimbursement for dependent care expenses shall not exceed''.
       (4) Effectiveness of certain provisions.--Section 413 and 
     subsections (c) and (d) of section 433, and the amendments 
     made by section 413 and subsections (c) and (d) of section 
     433, shall have no effect.
       (d) Loan Deficiency Payments.--
       (1) Eligibility.--Section 135 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7235) (as 
     amended by section 126(1)) is amended by striking subsection 
     (a) and inserting the following:
       ``(a) In General.--The Secretary may make loan deficiency 
     payments available to--
       ``(1) producers on a farm that, although eligible to obtain 
     a marketing assistance loan under section 131 with respect to 
     a loan commodity, agree to forgo obtaining the loan for the 
     covered commodity in return for payments under this section; 
     and
       ``(2) effective only for the 2000 and 2001 crop years, 
     producers that, although not eligible to obtain such a 
     marketing assistance loan under section 131, produce a loan 
     commodity.''.
       (2) Beneficial interest.--Section 135(e)(1) of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7235(e)) (as amended by section 126(2)) is amended by 
     striking ``A producer'' and inserting ``Effective for the 
     2001 through 2006 crops, a producer''.
       (e) Cost of Production Insurance.--
       (1) In general.--Section 523 of the Federal Crop Insurance 
     Act (7 U.S.C.1523) by adding at the end the following:
       ``(e) Cost of Production Insurance Program.--
       ``(1) Pilot program.--
       ``(A) In general.--During each of the 2003 through 2006 
     reinsurance years, the Corporation shall carry out a pilot 
     program throughout the United States under which cost of 
     production crop insurance is made available to producers of 
     agricultural commodities.
       ``(B) Priority.--Subject to subparagraph (C), in carrying 
     out subparagraph (A), the Corporation shall offer coverage on 
     at least--
       ``(i) for the 2003 reinsurance year, 20 agricultural 
     commodities;
       ``(ii) for the 2004 and 2005 reinsurance years, in addition 
     to the agricultural commodities described in clause (i), 
     apples, asparagus, blueberries (wild and domestic), cabbage, 
     canola, carrots, cherries, Christmas trees, citrus, 
     cucumbers, dry beans, eggplant, floriculture, grapes, 
     greenhouse and nursery agricultural commodities, green peas, 
     green peppers, hay, lettuce, maple, mushrooms, pears, 
     potatoes, pumpkins, snap beans, spinach, squash, 
     strawberries, sugar beets, and tomatoes; and
       ``(iii) for the 2006 reinsurance year, in addition to the 
     agricultural commodities described in clauses (i) and (ii), 
     10 additional commodities, as determined by the Corporation.
       ``(C) Acreage limitation.--For each of the 2003 through 
     2006 reinsurance years, the Corporation may not extend 
     coverage under this paragraph in excess of 40 percent of the 
     acreage planted to any agricultural commodity included under 
     the pilot program.
       ``(2) Permanent program.--For the 2007 and subsequent 
     reinsurance years, the Corporation shall convert the cost of 
     production insurance program into a permanent program unless 
     the Corporation determines that--
       ``(A) the program could not be conducted on an actuarially 
     sound basis; or
       ``(B) the expansion of the coverage would cause increased 
     risk for fraud, waste, or abuse of the program.''.
       (2) Additional payment of premium.--Section 508(e) of the 
     Federal Crop Insurance Act (7 U.S.C. 1508(e)) is amended by 
     adding at the end the following:
       ``(6) Bonus payment.--
       ``(A) In general.--Subject to subparagraph (C), in addition 
     to any other payment authorized under this subsection, the 
     Corporation shall pay an additional part of the premium for 
     crop insurance policies described in subsection (a) as 
     determined by this Corporation for producers that--
       ``(i) are small or moderate in size;
       ``(ii) adopt innovative risk management strategies and 
     increase the level of coverage;
       ``(iii) are producers of a specialty crop and increase the 
     level of coverage; or
       ``(iv) are located in an underserved area.
       ``(B) Amount per policy.--A payment under this paragraph 
     shall not exceed $850 per crop insurance policy.
       ``(C) Funding limitation.--The amount of funds of the 
     Corporation that may be used to carry out this paragraph may 
     not exceed--
       ``(i) $45,000,000 for fiscal year 2003;
       ``(ii) $50,000,000 for fiscal year 2004; and
       ``(iii) $61,000,000 for fiscal year 2005 and each 
     subsequent fiscal year.
       ``(D) Reserve.--
       ``(i) In general.--Subject to clause (ii), of the funds 
     made available to carry out this paragraph, the Corporation 
     shall reserve for payments to producers that obtain cost of 
     production policies described in section 523(e)--

       ``(I) $10,400,000 for fiscal year 2003;
       ``(II) $36,000,000 for fiscal year 2004; and
       ``(III) $50,000,000 for fiscal year 2005.

       ``(ii) Unused funds.--Any funds made reserved under clause 
     (i) that are not obligated by June 1 of the fiscal year shall 
     be used to provide payments to producers that obtain any type 
     of crop insurance made available under this Act.''.
       (3) Research and development funding.--Section 522(e) of 
     the Federal Crop Insurance Act (7 U.S.C. 1522(e)) by striking 
     paragraph (1) and inserting the following:
       ``(1) Reimbursements.--Of the amounts made available from 
     the insurance fund established under section 516(c), the 
     Corporation may use to provide reimbursements under 
     subsection (b) not more than--
       ``(A) $32,000,000 for fiscal year 2002;
       ``(B) $22,500,000 for each of fiscal years 2003 and 2004;
       ``(C) $25,000,000 for fiscal year 2005; and
       ``(D) $15,000,000 for fiscal year 2006 and each subsequent 
     fiscal year.''.
       (4) Education and information funding.--Section 524(a)(4) 
     of the Federal Crop Insurance Act (7 U.S.C. 1524(a)(4)) is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) for the education and information program established 
     under paragraph (2)--
       ``(i) $10,000,000 for each of fiscal years 2002 through 
     2005; and
       ``(ii) $5,000,000 for fiscal year 2006 and each subsequent 
     fiscal year; and''.
       (5) Reports.--
       (A) Plan.--Not later than September 30, 2002, 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 
     that contains an implementation plan for this subsection and 
     the amendments made by this subsection.
       (B) Implementation.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary of Agriculture shall 
     submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report that describes the 
     implementation of this subsection and the amendments made by 
     this subsection.
       (f) Initiative for Future Agriculture and Food Systems.--
     Section 401(b)(1) of the Agricultural Research, Extension, 
     and Education Reform Act of 1998 (7 U.S.C. 7621(b)(1)) (as 
     amended by section 401) is amended--
       (1) in subparagraph (A), by striking ``$120,000,000'' and 
     inserting ``$130,000,000''; and
       (2) in subparagraph (B), by striking ``$145,000,000'' and 
     inserting ``$225,000,000''.
                                  ____

  SA 2575. Mr. BINGAMAN submitted an amendment intended to be proposed 
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; which was ordered to lie on the table; 
as follows:


[[Page 26060]]

       At the appropriate place, insert the following:

     SEC. __. 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 Development;
       ``(C) the Southern Rural Development Center; and
       ``(D) the New Mexico State University Cooperative Extension 
     Service, working in cooperation with the Western Rural 
     Development Center.
       ``(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.

       ``(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.

[[Page 26061]]

       ``(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.''.
                                  ____

  SA 2576. Mr. DASCHLE (for himself and Mr. Lugar) submitted an 
amendment intended to be proposed 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; which was 
ordered to lie on the table; as follows:
       Strike the period at the end of section 1021 and insert a 
     period and the following:

     SEC. 1022. 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) ensure the compilation and public disclosure of data 
     critical to assessing Department civil rights compliance in 
     achieving on a nondiscriminatory basis participation of 
     socially disadvantaged farmers and ranchers in programs of 
     the Department on a nondiscriminatory basis;
       ``(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).''.
                                  ____

  SA 2577. Mr. DURBIN submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       Strike the period at the end of section 164 and insert a 
     period and the following:

     SEC. 165. RESTRICTION OF COMMODITY AND CROP INSURANCE 
                   PAYMENTS, LOANS, AND BENEFITS TO PREVIOUSLY 
                   CROPPED LAND.

       ``(a) Definition of Agricultural Commodity.--In this 
     section:
       ``(1) In general.--The term `agricultural commodity' has 
     the meaning given the term in section 102 of the Agricultural 
     Trade Act of 1978 (7 U.S.C. 5602).
       ``(2) Exclusions.--The term `agricultural commodity' does 
     not include forage, livestock, timber, forest or hay.
       ``(b) Commodities.--
       ``(1) In general.--Notwithstanding any other provision of 
     this title, except as provided in paragraph (2), the 
     Secretary shall not provide a payment, loan, or other benefit 
     under this title to an owner or producer, with respect to 
     land or a loan commodity planted or considered planted on 
     land during a crop year unless the land has been planted, 
     considered planted, or devoted to an agricultural commodity 
     during --
       ``(A) at least 1 of the 5 crop years preceding the 2002 
     crop year; or
       ``(B) at least 3 of the 10 crop years preceding the 2002 
     crop year.
       ``(2) Crop rotation.--Paragraph (1) shall not apply to an 
     owner or producer, with respect to any agricultural commodity 
     planted or considered planted, on land if the land--
       ``(A) has been planted, considered planted, or devoted to 
     an agricultural commodity during at least 1 of the 20 crop 
     years preceding the 2002 crop year; and
       ``(B) has been maintained using long-term crop rotation 
     practices, as determined by the Secretary.
       ``(c) Conservation Reserve Land.--For purposes of this 
     section, land that is enrolled in the conservation reserve 
     program established under subchapter B of chapter 1 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C.3831 et seq.) shall be considered planted to an 
     agricultural commodity.''.
                                  ____

  SA 2578. Mr. McCONNELL submitted an amendment intended to be proposed 
by him 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,

[[Page 26062]]

nutrition, and related programs, to ensure consumers abundant food and 
fiber, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 128, line 8, insert the following:

             Subtitle F--Miscellaneous Commodity Provision

     SEC. 166. 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 because the 
     Secretary failed to carry out Public Law 107-25 in a timely 
     manner.
       (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 if Public Law 107-25 had been 
     implemented in a timely manner.
                                  ____

  SA 2579. Mr. McCONNELL submitted an amendment intended to be proposed 
by him 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, agriculture research 
nutrition, and related programs, to ensure consumers abundant food and 
fiber, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 492, line 13 insert the following section:
       ``(c) Livestock.--Section 343(a) of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1991(a)) (as amended by 
     section 637(a)) is amended by adding at the end of the 
     following:
       ``(14) Livestock.--The term ``livestock'' includes 
     horses.''.
                                  ____

  SA 2580. Mr. McCONNELL submitted an amendment intended to be proposed 
by him 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; which was ordered to lie on the table; 
as follows:

       On page 876, line 25, after the word ``oils'' insert the 
     words ``(including recycled fats and oils)''
                                  ____

  SA 2581. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 1731, to strengthen the safety net for 
agriculture 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; which was ordered to lie on the table; 
as follows:

       On page 205, line 12, strike section 212(d) 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 ``shall enter into 
     contracts of not less than 10, nor more than 15, years.'' and 
     inserting the following: ``may enter into contracts--
       ``(A) for land enrolled in the conservation reserve program 
     that is not covered by a hardwood tree contract, covering not 
     to exceed 3,000,000 acres, for 30 or more years; and
       ``(B) covering any remaining acreage, with terms of not 
     less than 10, nor more than 15, years.''; and
       (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 sub-paragraph, the 
     Secretary may extend the contract for a term of not more than 
     15 years.
       ``(ii) Base payments.--The amount of a base payment for a 
     contract extended under clause (i)--
       ``(I) shall be determined by the Secretary; but
       ``(II) shall not exceed 50 percent of the base payment that 
     was applicable to the contract before the contract was 
     extended.''.
                                  ____

  SA 2582. Mr. KYL submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 258, strike lines 6 through 9 and insert the 
     following:

     ``water rights on a permanent basis;
       ``(B) implement the program in accordance with the purposes 
     of such laws described in subparagraph (A) as are applicable; 
     and
       ``(C) comply with--
       ``(i) all interstate compacts, court decrees, and Federal 
     or State laws (including regulations) that may affect water 
     or water rights; and
       ``(ii) all procedural and substantive State water law.''.
                                  ____

  SA 2583. Mr. BREAUX (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed 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; which was 
ordered to lie on the table; as follows:

       On page 937, strike line 17 and insert the following:

     SEC. 1011. SWEET POTATO CROP INSURANCE.

       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 ``tobacco and potatoes,'' and inserting ``tobacco, 
     potatoes, and sweet potatoes,''.

     SEC. 1012. CONTINUOUS COVERAGE.
                                  ____


  SA 2584. Mr. BREAUX (for himself, Ms. Landrieu, and Mrs. Lincoln) 
submitted an amendment intended to be proposed 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; which 
was ordered to lie on the table; as follows:

       Beginning on page 39, strike line 18 and all that follows 
     through page 40, line 8, and insert the following:
       ``(e) Beneficial Interest.--For any of the 2001 through 
     2006 crops, if a producer eligible for a payment under 
     subsection (a) loses beneficial interest in the loan 
     commodity, the producer shall be eligible for the payment 
     determined as of the date on which the producer lost 
     beneficial interest in the loan commodity, as determined by 
     the Secretary.''.
                                  ____

  SA 2585. Mr. HARKIN submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 125, between lines 4 and 5, insert the following:

     SEC. 1__. MARKET LOSS ASSISTANCE FOR APPLE PRODUCERS.

       (a) In General.--Of the funds made available to carry out 
     section 191 of the Federal Agriculture Improvement and Reform 
     Act of 1996 (as amended by section 163), the Secretary of 
     Agriculture shall use $25,000,000 for each of fiscal years 
     2002 through 2005 to make payments, as soon as practicable 
     after the date of enactment of this Act, to apple producers 
     to provide relief for the loss of markets during the 2000 
     crop year.
       (b) Payment Quantity.--
       (1) In general.--Subject to paragraph (2), the payment 
     quantity of apples for which the producers on a farm are 
     eligible for payments under this section shall be equal to 
     the quantity of the 2000 crop of apples produced by the 
     producers on the farm.
       (2) Maximum quantity.--The payment quantity of apples for 
     which the producers

[[Page 26063]]

     on a farm are eligible for payments under this section shall 
     not exceed 5,000,000 pounds of apples produced on the farm.
       (c) Limitations.--Subject to subsection (b)(2), the 
     Secretary shall not establish a payment limitation, or gross 
     income eligibility limitation, with respect to payments made 
     under this section.
       (d) Applicability.--This section applies only with respect 
     to the 2000 crop of apples and producers of that crop.
                                  ____

  SA 2586. Mr. HARKIN submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:
       On page 12, line 22, strike ``mohair,''.
       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 59, line 2, strike ``Promotion'' and insert 
     ``Production''.
       On page 70, strike lines 4 through 10 and insert the 
     following:
       (h) Substitutability of Sugar.--Section 156 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7251) 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 in refined form or in sugar containing products.''.
       (i) Crops.--Subsection (j) of section 156 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7251) (as redesignated by subsection (h)(1)) is amended--
       (1) by striking ``(other than subsection (f))''; and
       (2) by striking ``2002'' and inserting ``2006''.
       (j) Interest Rate.--Section 163 of the Federal Ag-
       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 subclause (I).

       ``(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 may provide the new entrant 
     mainland State with an allotment to accommodate the 
     allocation of the new entrant processor.
       ``(bb) Effect on other allotments.--The allotment to the 
     new entrant State shall be subtracted, on a pro rata basis, 
     from the allotments otherwise allotted to each mainland State 
     under section 359c(e)(3).
       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 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, and insert the following:
       ``(3) Selection by producer.--If a county in which a 
     historical peanut producer described in paragraph (2) is 
     located is declared a disaster area during 1 or more of the 4 
     crop years described in paragraph (2), for 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--
       ``(A) the State 4-year average yield of peanuts produced in 
     the State; or
       ``(B) the average yield for the historical peanut producer 
     determined by the Secretary under paragraph (1).
       On page 116, strike lines 7 through 15 and insert the 
     following:
       ``(a) Official Inspection.--All peanuts placed under a 
     marketing assistance loan under section 158G or otherwise 
     sold or marketed shall be officially inspected and graded by 
     a Federal or State inspector.
       On page 126, line 21, strike ``contract commodities'' and 
     insert ``loan commodities (other than wool and honey)''.
       On page 126, line 22, strike ``and mohair''.
       On page 128, between lines 8 and 9, insert the following:

     SEC. 166. 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)''.
       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 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) 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
       ``(B) 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 177, line 13, insert ``, education and outreach, 
     and monitoring and evaluation'' after ``assistance''.
       On page 220, lines 24 and 25, strike ``facility,'' and 
     insert ``facility (including a methane recovery system),''.
       On page 230, line 17, strike ``(a) In General.--''.
       On page 286, line 23, strike the quotation marks at the 
     end.
       On page 288, line 12, insert ``(b)'' after ``1623''.
       On page 288, line 17, strike ``1964'' and insert ``1946''.
       On page 290, line 8, insert ``that are located east of the 
     98th meridian'' before the period.
       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. 305. FOOD AID CONSULTATIVE GROUP.

       Section 205(f) of the Agricultural Trade Development and 
     Assistance Act of 1954 (7

[[Page 26064]]

     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, 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. 309. 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''.
       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 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 page359, 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 
     paragraph (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), (v), and (vi) 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 
     subparagraph (A)(vi).
       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 
     subsubsection.''.
       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:

[[Page 26065]]

       ``(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 404, between lines 7 and 8, insert the following:

     SEC. 425. 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 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.''.
       On page 404, line 8, strike ``425'' and insert ``426''.
       On page 404, line 21, strike ``426'' and insert ``427''.
       On page 408, line 1, strike ``427'' and insert ``428''.
       On page 408, line 18, strike ``428'' and insert ``429''.
       On page 411, line 3, strike ``429'' and insert ``430''.
       On page 411, line 12, strike ``430'' and insert ``431''.
       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 418, line 22, strike ``431'' and insert ``432''.
       On page 419, line 12, strike ``432'' and insert ``433''.
       On page 419, line 16, strike ``430(a)(6))'' and insert 
     ``431(a)(6))''.
       On page 425, line 1, strike ``433'' and insert ``434''.
       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 428, line 9, strike ``434'' and insert ``435''.
       On page 429, line 7, strike ``435'' and insert ``436''.
       On page 429, line 21, strike ``436'' and insert ``437''.
       On page 430, line 8, strike ``437'' and insert ``438''.
       On page 436, line 9, strike ``438'' and insert ``439''.
       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 Secretary of Agriculture 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 Secretary 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 this subsection 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 439, line 11, strike ``439'' and insert ``440''.
       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 440, line 14, strike ``440'' and insert ``441''.
       On page 442, line 1, strike ``441'' and insert ``442''.
       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 444, line 17, strike ``442'' and insert ``443''.
       On page 445, line 8, strike ``443'' and insert ``444''.
       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. 456. 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.

[[Page 26066]]

       ``(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. 457. 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) not less often than annually, advise institutions 
     participating in a program described in paragraph (1) of the 
     policy described in that paragraph; 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, line 1, strike ``456'' and insert ``458''.
       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.).
       On page 456, line 13, strike ``457'' and insert ``459''.
       On page 457, line 18, strike ``458'' and insert ``460''.
       On page 477, line 6, strike ``459'' and insert ``461''.
       On page 479, line 7, strike ``460'' and insert ``462''.
       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;
       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 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) 50 percent of the amount of resources (in cash or in 
     kind) 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 551, lines 22 and 23, strike ``30 percent of the 
     voting'' and insert ``15 percent of the''.
       On page 552, line 6, 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 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 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 664, strike lines 4 through 13.
       On page 664, line 14, strike ``645'' and insert ``644''.
       On page 665, line 1, strike ``646'' and insert ``645''.
       On page 675, line 17, strike ``647'' and insert ``646''.
       On page 675, line 20, strike ``646'' and insert ``645''.
       On page 711, strike lines 17 through 25.
       On page 712, line 1, strike ``662'' and insert ``661''.
       On page 716, strike lines 18 through 22.
       On page 716, line 23, strike ``(c)'' and insert ``(b)''.
       On page 717, line 7, strike ``663'' and insert ``662''.
       On page 737, lines 17 and 18, strike ``(excluding 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 26067]]

       (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 758, strike lines 6 through 121 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 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 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) Funding.--Of the amounts authorized to carry out this 
     Act, the Secretary may use such sums as are necessary to 
     carry out this section for each of fiscal years 2003 through 
     2006.''.
       On page 795, line 5, insert ``(a) In General.--'' before 
     ``The''.
       On page between lines 15 and 16, insert the following:
       (b) Special Grants for Research on Dairy Pipeline 
     Cleaners.--The Competitive, Special, and Facilities Research 
     Grant Act (7 U.S.C. 450i) is amended in subsection (c)--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) to conduct research on means of preventing and 
     eliminating the dangers of dairy pipeline cleaner, 
     including--
       ``(i) developing safer packaging mechanisms and a new 
     transfer mechanism, including a new pumping mechanism for 
     dairy pipeline cleaner;
       ``(ii) 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
       ``(iii) other means of improving efforts to prevent 
     ingestion of dairy pipeline cleaner.''; and
       (2) in paragraph (4)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) $100,000 for each of fiscal years 2002 through 2006 
     may be used to carry out paragraph (1)(C); and''.
       Beginning on page 815, strike line 16 and all that follows 
     through page 816, line 3, and insert the following:

     SEC. 798C. 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 837, strike line 15 and insert the following:

     SEC. 807. 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.''.

     SEC. 808. FOREST FIRE RESEARCH CENTERS.

       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. 809. 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
       (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

[[Page 26068]]

     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.--
       (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

[[Page 26069]]

       (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 percent of the 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. 810. ENHANCED COMMUNITY FIRE PROTECTION.

       On page 858, strike line 8 and insert the following:

     SEC. 811. WATERSHED FORESTRY ASSISTANCE PROGRAM.

       On page 870, strike line 1 and insert the following:

     SEC. 812. 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.--

[[Page 26070]]

       ``(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.''.

     SEC. 813. GENERAL PROVISIONS.

       On page 870, strike line 21 and insert the following:

     SEC. 814. STATE FOREST STEWARDSHIP COORDINATING COMMITTEES.

       On page 871, between lines 22 and 23, insert the following:

     SEC. 815. 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. 816. 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 Forest Service 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

[[Page 26071]]

     carry out this section such sums as are necessary for fiscal 
     year 2002 and each fiscal year thereafter.''.

     SEC. 817. 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;
       (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.
       On page 876, line 4, strike ``647'' and insert ``646''.
       On page 876, line 6, strike ``L'' and insert ``K''.
       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 ``30''.

[[Page 26072]]

       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 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, strike line 23 and insert the following:
       ``(3) generate both usable electricity and heat;
       On page 911, strike lines 7 through 10 and insert the 
     following:
       ``(A) a college or university or a research foundation 
     maintained by a college or university;
       On page 912, line 17, strike ``and establish''.
       On page 913, strike line 3 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
       On page 918, line 16, strike ``(as amended by section 
     661)''.
       On page 918, line 18, strike ``21'' and insert ``20''.
       On page 918, strike lines 20 through 23 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).
       On page 919, line 2, after ``utilities'', insert the 
     following: ``(as determined by the Secretary)''.
       Beginning on page 925, strike line 14 and all that follows 
     through page 926, line 25, 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; 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.

       Beginning on page 927, strike line 22 and all that follows 
     through page 928, line 11.
       On page 928, line 12, strike ``(d)'' and insert ``(c)''
       On page 928, line 20, 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 932, line 6, strike ``272'' and insert ``282''.
       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. 1__. 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''.
       Beginning on page 941, strike line 6 and all that follows 
     through page 942, line 23, and insert the following:

     SEC. 1__. UNLAWFUL STOCKYARD PRACTICES INVOLVING 
                   NONAMBULATORY LIVESTOCK.

       Title III of the Packers and Stockyards Act, 1921 (7 U.S.C. 
     201 et seq.), is amended by adding at the end the following:

     ``SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING 
                   NONAMBULATORY LIVESTOCK.

       ``(a) Definitions.--In this section:
       ``(1) Humanely euthanize.--The term `humanely euthanize' 
     means to kill an animal by mechanical, chemical, or other 
     means that immediately render the animal unconscious, with 
     this state remaining until the animal's death.
       ``(2) Nonambulatory livestock.--The term `nonambulatory 
     livestock' means any livestock that is unable to stand and 
     walk unassisted.
       ``(b) Unlawful Practices.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for any stockyard owner, market agency, or 
     dealer to buy, sell, give, receive, transfer, market, hold, 
     or drag any nonambulatory livestock unless the nonambulatory 
     livestock has been humanely euthanized.
       ``(2) Exceptions.--
       ``(A) Non-gipsa farms.--Paragraph (1) shall not apply to 
     any farm the animal care practices of which are not subject 
     to the authority of the Grain Inspection, Packers, and 
     Stockyards Administration.
       ``(B) Veterinary care.--Paragraph (1) shall not apply in a 
     case in which nonambulatory livestock receive veterinary care 
     intended to render the livestock ambulatory.
       ``(c) Application of Prohibition.--Subsection (b) shall 
     apply beginning one year after the date of the enactment of 
     the Agriculture, Conservation, and Rural Enhancement Act of 
     2001. By the end of such period, the Secretary shall 
     promulgate regulations to carry out this section.''.
       On page 945, between lines 5 and 6, insert the following:

     SEC. 10__. LIMITATION ON EXHIBITION OF POLAR BEARS.

       The Animal Welfare Act is amended by inserting after 
     section 17 (7 U.S.C. 2147) the following:

     ``SEC. 18. LIMITATION ON EXHIBITION OF POLAR BEARS.

       ``An exhibitor that is a carnival, circus, or traveling 
     show (as determined by the Secretary) shall not exhibit polar 
     bears.''.
       On page 951, between lines 6 and 7, insert the following:

     SEC. 10__. FARMERS' MARKET PROMOTION PROGRAM.

       (a) Survey.--Section 4 of the Farmer-to-Consumer Direct 
     Marketing Act of 1976 (7 U.S.C. 3003) is amended--
       (1) in the first sentence, by striking ``a continuing'' and 
     inserting ``an annual''; and
       (2) by striking the second sentence.
       (b) Direct Marketing Assistance.--Section 5 of the Farmer-
     to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3004) is 
     amended--
       (1) in subsection (a)--
       (A) in the first sentence, by striking ``Extension Service 
     of the United States Department of Agriculture'' and 
     inserting ``Secretary''; and
       (B) 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'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) 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;

[[Page 26073]]

       ``(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.''.
       (c) Farmers' Market Promotion Program.--The Farmer-to-
     Consumer Direct Marketing Act of 1976 (7 U.S.C. 3001 et seq.) 
     is amended by inserting after section 5 the following:

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

       ``(a) Establishment.--The Secretary shall carry out a 
     program, to be known as the `Farmers' Market Promotion 
     Program' (referred to in this section as the `Program'), to 
     make grants to eligible entities for projects to establish, 
     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) Federal share.--The Federal share of the cost of a 
     project carried out under the Program shall not exceed 60 
     percent.
       ``(2) Non-federal 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 non-Federal 
     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 2003 through 2008.
       ``(2) Limitation.--No amounts may be made available to 
     carry out this section unless specifically provided by an 
     appropriation Act.''.
       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, 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.''.

       On page 977, after line 15, add the following:

     SEC. 10__. PEST MANAGEMENT IN SCHOOLS.

       (a) Short Title.--This section may be cited as the ``School 
     Environment Protection Act of 2001''.
       (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 2001, 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.

[[Page 26074]]

       ``(B) Plan.--As soon as practicable (but not later than 1 
     year) after the date of enactment of the School Environment 
     Protection Act of 2001, 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 
     2001, 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 2001, 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).'.

[[Page 26075]]

       ``(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 2001, 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--
       ``(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.

[[Page 26076]]

``(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, 2001.
       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 985, strike line 1 and insert the following:

                  Subtitle D--Animal Health Protection

     SEC. 1041. SHORT TITLE.

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

     SEC. 1042. 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
       (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. 1043. 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. 1044. 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. 1045. 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;

[[Page 26077]]

       (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. 1046. 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. 1047. SEIZURE, QUARANTINE, AND DISPOSAL.

       (a) In General.--The Secretary may hold, seize, quarantine, 
     treat, destroy, dispose of, or take other remedial action 
     with respect to--
       (1) any animal or progeny of any animal, article, or means 
     of conveyance that--
       (A) is moving or has been moved in interstate 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. 1048. 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 1047(b), on probable 
     cause to believe that the person or means of conveyance is 
     carrying any animal or article quarantined under section 
     1047(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,

[[Page 26078]]

     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. 1049. 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. 1050. 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. 1051. 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
       (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. 1052. 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. 1053. 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. 1054. 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.

[[Page 26079]]

       (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. 1055. 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 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 1054.

     SEC. 1056. REGULATIONS AND ORDERS.

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

     SEC. 1057. 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. 1058. 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--

[[Page 26080]]

       (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 
     1056 that supersedes the earlier regulation.

                       Subtitle E--Administration

       On page 984, after line 2, insert the following:

     SEC. 10__. REPORT TO CONGRESS 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.
       On page 985, line 2, strike ``456'' and insert ``458''.
       On page 985, line 3, strike ``456'' and insert ``458''.
                                  ____

  SA 2587. Mr. HARKIN submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       On page 424, strike line 7 and insert the following:

     SEC. 460. USE OF APPROVED FOOD SAFETY TECHNOLOGY.

       In acquiring commodities for distribution through programs 
     authorized under the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1751 et seq.), the Child Nutrition Act of 1966 
     (42 U.S.C. 1711 et seq.), the Food Stamp Act of 1977 (7 
     U.S.C. 2011 et seq.), the Emergency Food Assistance Act of 
     1983 (7 U.S.C. 7501 et seq.), or the Agriculture and Consumer 
     Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-
     86), the Secretary of Agriculture shall to prohibit or 
     discourage the use of any technology that the Secretary of 
     Agriculture or the Secretary of Health and Human Services has 
     approved to improve food safety.
                                  ____

  SA 2588. Mr. HARKIN submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       On page 34, line 19, strike the period at the end and 
     insert a period and the following:

     SEC. 114. 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, but not more than 
     $250,000, 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, but not more than $250,000, 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.--
       ``(1) In general.--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

[[Page 26081]]

     matching contribution on the amount deposited by the producer 
     into the account.
       ``(2) Formula.--The Secretary shall establish a formula to 
     determine the amount of matching contributions that will be 
     provided by the Secretary under paragraph (1).
       ``(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 annually.
       ``(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 $2,000,000 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 an 
     applicable year, a producer may withdraw from the account an 
     amount equal to 90 percent of average the adjusted gross 
     revenue of the producer for the previous 5 years less the 
     adjusted gross revenue of the producer.
       ``(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.''.
                                  ____

  SA 2589. Mr. DURBIN submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       In subparagraph 421(a)(2)(A), strike ``36-month'' and 
     insert ``12-month (24-month prior to fiscal year 2004)''.
                                  ____

  SA 2590. Mr. DURBIN submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert:
       ``(i) 8 percent for each of fiscal years 2002 through 2006;
       ``(ii) 8.5 percent for each of fiscal years 2007 through 
     2008;
       ``(iii) 9 percent for fiscal year 2009;
       ``(iv) 9.5 percent for fiscal year 2010; and
       ``(v) 10 percent for fiscal year 2011 and each subsequent 
     fiscal year.''
                                  ____

  SA 2591. Mr. BAUCUS submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       On page 941, line 4, strike the period at the end and 
     insert the following:

                   Subtitle C--Income Loss Assistance

     SEC. 10__. INCOME LOSS ASSISTANCE.

       (a) In General.--The Secretary of Agriculture (referred to 
     in this subtitle as the ``Secretary'') shall use 
     $1,800,000,000 of funds of the Commodity Credit Corporation 
     to make emergency financial assistance available to producers 
     on a farm that have incurred qualifying income losses for the 
     2001 crop.
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 815 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-55), including 
     using the same loss thresholds for the quantity and economic 
     losses as were used in administering that section.
       (c) Use of Funds for Cash Payments.--The Secretary may use 
     funds made available under this section to make, in a manner 
     consistent with this section, cash payments not for crop 
     disasters, but for income loss to carry out the purposes of 
     this section.

     SEC. 10__. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary shall use $500,000,000 of 
     the funds of the Commodity Credit Corporation to make and 
     administer payments for livestock losses to producers for 
     2001 losses in a county that has received an emergency 
     designation by the President or the Secretary after January 
     1, 2001, of which $12,000,000 shall be made available for the 
     American Indian livestock program under section 806 of the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     105-277; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).

     SEC. 10__. COMMODITY PURCHASES.

       (a) In General.--The Secretary shall use $220,000,000 of 
     funds of the Commodity Credit Corporation to purchase 
     agricultural commodities, especially agricultural commodities 
     that have experienced low prices during the 2001 crop year, 
     as determined by the Secretary.
       (b) Geographic Diversity.--The Secretary is encouraged to 
     purchase agricultural commodities under this section in a 
     manner that reflects the geographic diversity of agricultural 
     production in the United States, particularly agricultural 
     production in the Northeast and Mid-Atlantic States.
       (c) Other Purchases.--The Secretary shall ensure that 
     purchases of agricultural commodities under this section are 
     in addition to purchases by the Secretary under any other 
     law.
       (d) Transportation and Distribution Costs.--The Secretary 
     may use not more than $20,000,000 of the funds made available 
     under subsection (a) to provide assistance to States to cover 
     costs incurred by the States in transporting and distributing 
     agricultural commodities purchased under this section.
       (e) Purchases for School Nutrition Programs.--The Secretary 
     shall use not less than $55,000,000 of the funds made 
     available under subsection (a) to purchase agricultural 
     commodities of the type distributed under section 6(a) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1755(a)) for distribution to schools and service institutions 
     in accordance with section 6(a) of that Act.

     SEC. 10__. COMMODITY CREDIT CORPORATION.

       The Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this subtitle.

     SEC. 10__. ADMINISTRATIVE EXPENSES.

       (a) In General.--In addition to funds otherwise available, 
     not later than 30 days after the date of enactment of this 
     Act, out of any funds in the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Secretary of Agriculture to pay the salaries and expenses 
     of the Department of Agriculture in carrying out this 
     subtitle $50,000,000, to remain available until expended.
       (b) Receipt and Acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under subsection (a), 
     without further appropriation.

     SEC. 10__. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this subtitle.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this subtitle shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.
       (c) Marketing Assessment for Sugar.--Section 156(f) of the 
     Agricultural Market Transition Act (7 U.S.C. 7272(f)) shall 
     not apply with respect to the 2001 crop of sugarcane and 
     sugar beets.
       (d) FSA Emergency Programs.--For an additional amount for 
     salaries and expenses of the Farm Service Agency to 
     administer emergency programs, there is appropriated, out of 
     any moneys in the Treasury not otherwise appropriated, 
     $50,000,000, to remain available until expended.

[[Page 26082]]

       (e) Emergency Designation.--The entire amount made 
     available in subtitle c
       (1) shall be available only to the extent that the 
     President submits to Congress an official budget request for 
     the amount that includes designation of the entire amount of 
     the request as an emergency requirement for the purposes of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 900 et seq.); and
       (2) is designated by Congress as an emergency requirement 
     under section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)).
                                  ____

  SA 2592. Mr. ALLARD submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       At the end of Title VII, add the following:

     SEC. 7  . INTERSTATE MOVEMENT OF ANIMALS FOR ANIMAL FIGHTING.

       (a) Removal of Limitation.--Section 26 of the Animal 
     Welfare Act (7 U.S.C. 2156) is amended by striking subsection 
     (d) and inserting the following:
       ``(d) Activities Not Subject to Prohibition.--This section 
     does not apply to the selling, buying, transporting, or 
     delivery of animals in interstate or foreign commerce for any 
     purpose or purposes, so long as those purposes do not include 
     that of an animal fighting venture.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on the date that is 30 days after the date of 
     enactment of this Act.
                                  ____

  SA 2593. Mr. BUNNING submitted an amendment intended to be proposed 
by him 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; which was ordered to lie on the table; 
as follows:

       At the end of subtitle C of title X, add the following:

     SEC.   . REPORT.

       (a) In General.--Not later than December 31, 2002, and 
     annually thereafter through 2006, the General Accounting 
     Office shall submit a report to Congress describing programs 
     and activities that tobacco States have funded using funds 
     received under the Master Settlement Agreement of 1997.
       (b) Tobacco State.--The term ``tobacco State'' has the same 
     meaning that such term has in the Master Settlement Agreement 
     of 1997.
                                  ____

  SA 2594. Mr. BUNNING submitted an amendment intended to be proposed 
by him 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place add the following:

     SEC.   . REPORT.

       (a) In General.--Not later than December 31, 2002, and 
     annually thereafter through 2006, the General Accounting 
     Office shall submit a report to Congress describing programs 
     and activities that tobacco States have funded using funds 
     received under the Master Settlement Agreement of 1997.
       (b) Tobacco State.--The term ``tobacco State'' has the same 
     meaning that such term has in the Master Settlement Agreement 
     of 1997.

  SA 2595. Mr. ALLARD submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . PENALTIES AND FOREIGN COMMERCE PROVISIONS OF THE 
                   ANIMAL WELFARE ACT.

       (a) In General.--Section 26 of the Animal Welfare Act (7 
     U.S.C. 2156) is amended--
       (1) in subsection (e)--
       (A) by inserting ``Penalties.--'' after ``(e)'';
       (B) by striking ``$5,000'' and inserting ``$15,000''; and
       (C) by striking ``1 year'' and inserting ``2 years''; and
       (2) in subsection (g)(2)(B), by inserting before the 
     semicolon at the end the following: ``or from any State into 
     any foreign country''.
       (b) Effective Date.--The amendments made by this section 
     take effect 30 days after the date of enactment of this Act.
                                  ____

  SA 2596. Mr. SMITH of New Hampshire (for himself, Mr. Torricelli, Mr. 
Graham, Mr. Allen, Mr. Ensign, Mr. Helms, Mr. Nelson of Florida, Mr. 
Lieberman, and Mr. Smith of Oregon) proposed 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; which 
was ordered to lie on the table; as follows:

       At the end of Section 335, insert the following:
       ``(c) Effective Date.--The amendments made by this section 
     shall not take effect until the President certifies to 
     Congress that Cuba is not a state sponsor of international 
     terrorism.''
                                  ____

  SA 2597. Mr. TORRICELLI (for himself, Mr. Nelson of Florida, and Mr. 
Lieberman) proposed an amendment to amendment SA 2596 proposed by Mr. 
Smith of New Hampshire to the amendment SA 2471 submitted by Mr. Smith 
of New Hampshire 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; which 
was ordered to lie on the table; as follows:

       At the end, strike ``.'' and insert ``and until the 
     President certifies to Congress that all convicted felons 
     wanted by the Federal Bureau of Investigation who are 
     currently living as fugitives in Cuba have been returned to 
     the United States for incarceration.''.
                                  ____

  SA 2598. Mr. McCAIN (for himself, Mr. Gramm, and Mr. Kerry) proposed 
an amendment to the bill S. 1731, to strengthen the safety net for 
agricultural procedures, 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:

       At the end of this underlying bill, insert the following:

     SEC.  . MARKET NAME FOR CATFISH.

       The term ``catfish'' shall be considered to be a common or 
     usual name (or part thereof) for any fish in keeping with 
     Food and Drug Administration procedures that follow 
     scientific standards and market practices for establishing 
     such names for the purposes of section 403 of the Federal 
     Food, Drug, and Cosmetic Act, including with respect to the 
     importation of such fish pursuant to section 801 of such Act.

     SEC.   . LABELING OF FISH AS CATFISH.

       Section 755 of the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     2002 is repealed.
                                  ____

  SA 2599. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2471 submitted by Mr. Daschle and intended to be proposed 
to the bill (S. 1731) to strengthen the safety net of 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; which was ordered to lie on the table; as follows:

       Strike the period at the end of section 164 and insert a 
     period and the following:

     SEC. 165. RESTRICTION OF COMMODITY AND CROP INSURANCE 
                   PAYMENTS, LOANS, AND BENEFITS TO PREVIOUSLY 
                   CROPPED LAND; FOOD STAMP PROGRAM FUNDING 
                   INCREASES.

       (a) Restriction.--Section 194 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (Public Law 104-127; 110 
     Stat. 945) is amended to read as follows:

[[Page 26083]]



     ``SEC. 194. RESTRICTION OF COMMODITY AND CROP INSURANCE 
                   PAYMENTS, LOANS, AND BENEFITS TO PREVIOUSLY 
                   CROPPED LAND.

       ``(a) Definition of Agricultural Commodity.--In this 
     section:
       ``(1) In general.--The term `agricultural commodity' has 
     the meaning given the term in section 102 of the Agricultural 
     Trade Act of 1978 (7 U.S.C. 5602).
       ``(2) Exclusions.--The term `agricultural commodity' does 
     not include forage, livestock, timber, forest or hay.
       ``(b) Commodities.--
       ``(1) In general.--Notwithstanding any other provision of 
     this title, except as provided in paragraph (2), the 
     Secretary shall not provide a payment, loan, or other benefit 
     under this title to an owner or producer, with respect to 
     land or a loan commodity planted or considered planted on 
     land during a crop year unless the land has been planted, 
     considered planted, or devoted to an agricultural commodity 
     during --
       ``(A) at least 1 of the 5 crop years preceding the 2002 
     crop year; or
       ``(B) at least 3 of the 10 crop years preceding the 2002 
     crop year.
       ``(2) Crop rotation.--Paragraph (1) shall not apply to an 
     owner or producer, with respect to any agricultural commodity 
     planted or considered planted, on land if the land--
       ``(A) has been planted, considered planted, or devoted to 
     an agricultural commodity during at least 1 of the 20 crop 
     years preceding the 2002 crop year; and
       ``(B) has been maintained using long-term crop rotation 
     practices, as determined by the Secretary.
       ``(c) Crop Insurance.--Notwithstanding any provision of the 
     Federal Crop Insurance Act (7 U.S.C.1501 et seq.), the 
     Federal Crop Insurance Corporation shall not pay premium 
     subsidies or administrative costs of a reinsured company for 
     insurance regarding a crop insurance policy of a producer 
     under that Act unless, the land that is covered by the 
     insurance policy--
       ``(1) has been planted, considered planted, or devoted to 
     an agricultural commodity during--
       ``(A) at least 1 of the 5 crop years preceding the 2002 
     crop year; or
       ``(B) at least 3 of the 10 crop years preceding the 2002 
     crop year; or
       ``(2)(A) has been planted, considered planted, or devoted 
     to an agricultural commodity during at least 1 of the 20 crop 
     years preceding the 2002 crop year; and
       (B) has been maintained using long-term crop rotation 
     practices, as determined by the Secretary.
       ``(d) Conservation Reserve Land.--For purposes of this 
     section, land that is enrolled in the conservation reserve 
     program established under subchapter B of chapter 1 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C.3831 et seq.) shall be considered planted to an 
     agricultural commodity.''.
       (b) Food Stamp Program.--
       (1) Exclusion of licensed vehicles from financial 
     resources.--
       (A) In general.--Section 5(g)(2) of the Food Stamp Act of 
     1977 (7 U.S.C. 2014(g)(2)) is amended by striking 
     subparagraph (C) and inserting the following:
       ``(C) Excluded vehicles.--Financial resources under this 
     paragraph shall not include--
       ``(i) 1 licensed vehicle per household; and
       ``(ii) a vehicle (and any other property, real or personal, 
     to the extent that the property is directly related to the 
     maintenance or use of the vehicle) if the vehicle is--

       ``(I) used to produce earned income;
       ``(II) necessary for the transportation of a physically 
     disabled household member; or
       ``(III) depended on by a household to carry fuel for 
     heating or water for home use and provides the primary source 
     of fuel or water, respectively, for the household.''.

       (B) Conforming amendment.--Section 17 of the Food Stamp Act 
     of 1977 (7 U.S.C. 2026) is amended by striking subsection 
     (h).
       (2) Restoration of benefits to certain elderly 
     individuals.--Section 402(a)(2)(I) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(a)(2)(I)) is amended by striking ``who'' 
     and all that follows and inserting the following: ``who--
       ``(i) is lawfully residing in the United States; and
       ``(ii) is 65 years of age or older.''.
                                  ____

  SA 2600. Mr. CARPER (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill H.R. 3090, to 
provide tax incentives for economic recovery; which was ordered to lie 
on the table; as follows:

       At the appropriate place insert the following:

     SEC. __. MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS 
                   STOCK.

       (a) Reduction in Holding Period.--
       (1) In general.--Section 1202(a) is amended by striking ``5 
     years'' and inserting ``3 years''.
       (2) Conforming amendments.--Subsections (g)(2)(A) and 
     (j)(1)(A) of section 1202 are each amended by striking ``5 
     years'' and inserting ``3 years''.
       (b) Repeal of Minimum Tax Preference.--
       (1) In general.--Section 57(a) (relating to items of tax 
     preference) is amended by striking paragraph (7).
       (2) Technical amendment.--Section 53(d)(1)(B)(ii)(II) is 
     amended by striking ``, (5), and (7)'' and inserting ``and 
     (5)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to stock issued after the date of the enactment 
     of this Act.
                                  ____

  SA 2601. Mr. HATCH submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . REVIEW OF STATE MEAT INSPECTION PROGRAMS.

       (a) Findings.--Congress finds that--
       (1) the goal of a safe and wholesome supply to meat and 
     meat food products throughout the United States would be 
     better served if a consistent set for 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, State and Federal meat inspection 
     programs would function together to create a seamless 
     inspection system to ensure food safety and inspire consumer 
     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) In General.--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) a determination of the effectiveness of the State 
     program; and
       (2) identification of changes that are necessary to enable 
     the possible future transition to a State program of 
     implementing a State meat and poultry inspection program that 
     enforces the mandatory antemortem and postmortem inspection, 
     reinspection, sanitation, sanitation, and related titles of 
     the Federal Meat Inspection Act and the Poultry Products 
     Inspection Act. (including the regulations, directives, 
     notices, policy memoranda, and other regulatory requirements 
     issued under those titles);
       (c) Comment From Interested Parties.--In designing the 
     review described in subsection (a), the Secretary of 
     Agriculture shall, to the maximum extent practicable, obtain 
     comment from interested parties.
       (d) Funding.--
       (1) In general.--There are authorized to be appropriated 
     such sums as are necessary to carry out this section.

                          ____________________