[105th Congress Public Law 185]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ185.105]
[[Page 112 STAT. 523]]
Public Law 105-185
105th Congress
An Act
To ensure that federally funded agricultural research, extension, and
education address high-priority concerns with national or multistate
significance, to reform, extend, and eliminate certain agricultural
research programs, and for other purposes. <<NOTE: June 23, 1998 - [S.
1150]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Agricultural
Research, Extension, and Education Reform Act of 1998.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short <<NOTE: 7 USC 7601 note.>> Title.--This Act may be cited
as the ``Agricultural Research, Extension, and Education Reform Act of
1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Short titles for Smith-Lever Act and Hatch Act of 1887.
TITLE I--PRIORITIES, SCOPE, REVIEW, AND COORDINATION OF AGRICULTURAL
RESEARCH, EXTENSION, AND EDUCATION
Sec. 101. Standards for Federal funding of agricultural research,
extension, and education.
Sec. 102. Priority setting process.
Sec. 103. Relevance and merit of agricultural research, extension, and
education funded by the Department.
Sec. 104. Research formula funds for 1862 Institutions.
Sec. 105. Extension formula funds for 1862 Institutions.
Sec. 106. Research facilities.
TITLE II--REFORM OF EXISTING AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION AUTHORITIES
Subtitle A--Smith-Lever Act and Hatch Act of 1887
Sec. 201. Cooperative agricultural extension work by 1862, 1890, and
1994 Institutions.
Sec. 202. Plans of work to address critical research and extension
issues and use of protocols to measure success of plans.
Sec. 203. Consistent matching funds requirements under Hatch Act of 1887
and Smith-Lever Act.
Sec. 204. Integration of research and extension.
Subtitle B--Competitive, Special, and Facilities Research Grant Act
Sec. 211. Competitive grants.
Sec. 212. Special grants.
Subtitle C--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 221. Definitions regarding agricultural research, extension, and
education.
Sec. 222. Advisory Board.
Sec. 223. Grants and fellowships for food and agricultural sciences
education.
Sec. 224. Policy research centers.
Sec. 225. Plans of work for 1890 Institutions to address critical
research and extension issues and use of protocols to measure
success of plans.
[[Page 112 STAT. 524]]
Sec. 226. Matching funds requirement for research and extension
activities at 1890 Institutions.
Sec. 227. International research, extension, and teaching.
Sec. 228. United States-Mexico joint agricultural research.
Sec. 229. Competitive grants for international agricultural science and
education programs.
Sec. 230. General administrative costs.
Sec. 231. Expansion of authority to enter into cost-reimbursable
agreements.
Subtitle D--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 241. Agricultural Genome Initiative.
Sec. 242. High-priority research and extension initiatives.
Sec. 243. Nutrient management research and extension initiative.
Sec. 244. Organic agriculture research and extension initiative.
Sec. 245. Agricultural telecommunications program.
Sec. 246. Assistive technology program for farmers with disabilities.
Subtitle E--Other Laws
Sec. 251. Equity in Educational Land-Grant Status Act of 1994.
Sec. 252. Fund for Rural America.
Sec. 253. Forest and rangeland renewable resources research.
TITLE III--EXTENSION OR REPEAL OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION AUTHORITIES
Sec. 301. Extensions.
Sec. 302. Repeals.
TITLE IV--NEW AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION
INITIATIVES
Sec. 401. Initiative for Future Agriculture and Food Systems.
Sec. 402. Partnerships for high-value agricultural product quality
research.
Sec. 403. Precision agriculture.
Sec. 404. Biobased products.
Sec. 405. Thomas Jefferson Initiative for Crop Diversification.
Sec. 406. Integrated research, education, and extension competitive
grants program.
Sec. 407. Coordinated program of research, extension, and education to
improve viability of small and medium size dairy, livestock,
and poultry operations.
Sec. 408. Support for research regarding diseases of wheat and barley
caused by Fusarium graminearum.
TITLE V--AGRICULTURAL PROGRAM ADJUSTMENTS
Subtitle A--Food Stamp Program
Sec. 501. Reductions in funding of employment and training programs.
Sec. 502. Reductions in payments for administrative costs.
Sec. 503. Extension of eligibility period for refugees and certain other
qualified aliens from 5 to 7 years.
Sec. 504. Food stamp eligibility for certain disabled aliens.
Sec. 505. Food stamp eligibility for certain Indians.
Sec. 506. Food stamp eligibility for certain elderly individuals.
Sec. 507. Food stamp eligibility for certain children.
Sec. 508. Food stamp eligibility for certain Hmong and Highland
Laotians.
Sec. 509. Conforming amendments.
Sec. 510. Effective dates.
Subtitle B--Information Technology Funding
Sec. 521. Information technology funding.
Subtitle C--Crop Insurance
Sec. 531. Funding.
Sec. 532. Budgetary offsets.
Sec. 533. Procedures for responding to certain inquiries.
Sec. 534. Time period for responding to submission of new policies.
Sec. 535. Crop insurance study.
Sec. 536. Required terms and conditions of Standard Reinsurance
Agreements.
Sec. 537. Effective date.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Existing Authorities
Sec. 601. Retention and use of fees.
[[Page 112 STAT. 525]]
Sec. 602. Office of Energy Policy and New Uses.
Sec. 603. Kiwifruit research, promotion, and consumer information
program.
Sec. 604. Food Animal Residue Avoidance Database program.
Sec. 605. Honey research, promotion, and consumer information.
Sec. 606. Technical corrections.
Subtitle B--New Authorities
Sec. 611. Nutrient composition data.
Sec. 612. National Swine Research Center.
Sec. 613. Role of Secretary regarding food and agricultural sciences
research and extension.
Sec. 614. Office of Pest Management Policy.
Sec. 615. Food Safety Research Information Office and National
Conference.
Sec. 616. Safe food handling education.
Sec. 617. Reimbursement of expenses incurred under Sheep Promotion,
Research, and Information Act of 1994.
Sec. 618. Designation of Crisis Management Team within Department.
Sec. 619. Designation of Kika de la Garza Subtropical Agricultural
Research Center, Weslaco, Texas.
Subtitle C--Studies
Sec. 631. Evaluation and assessment of agricultural research, extension,
and education programs.
Sec. 632. Study of federally funded agricultural research, extension,
and education.
Subtitle D--Senses of Congress
Sec. 641. Sense of Congress regarding Agricultural Research Service
emphasis on field research regarding methyl bromide
alternatives.
Sec. 642. Sense of Congress regarding importance of school-based
agricultural education.
SEC. 2. <<NOTE: 7 USC 7601.>> DEFINITIONS.
In this Act:
(1) 1862 institution.--The term ``1862 Institution'' means a
college or university eligible to receive funds under the Act of
July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.).
(2) 1890 institution.--The term ``1890 Institution'' means a
college or university eligible to receive funds under the Act of
August 30, 1890 (26 Stat. 419, chapter 841; 7 U.S.C. 321 et
seq.), including Tuskegee University.
(3) 1994 institution.--The term ``1994 Institution'' means 1
of the 1994 Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (Public Law
103-382; 7 U.S.C. 301 note)) (as amended by section 251(a)).
(4) Advisory board.--The term ``Advisory Board'' means the
National Agricultural Research, Extension, Education, and
Economics Advisory Board established under section 1408 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3123).
(5) Department.--The term ``Department'' means the
Department of Agriculture.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. SHORT TITLES FOR SMITH-LEVER ACT AND HATCH ACT OF 1887.
(a) Smith-Lever Act.--The Act of May 8, 1914 (commonly known as the
``Smith-Lever Act'') (38 Stat. 372, chapter 79; 7 U.S.C. 341 et seq.),
is amended by adding at the end the following:
``SEC. 11. <<NOTE: 7 USC 341 note.>> SHORT TITLE.
``This Act may be cited as the `Smith-Lever Act'.''.
[[Page 112 STAT. 526]]
(b) Hatch Act of 1887.--The Act of March 2, 1887 (commonly known as
the ``Hatch Act of 1887'') (24 Stat. 440, chapter 314; 7 U.S.C. 361a et
seq.), is amended by adding at the end the following:
``SEC. 10. <<NOTE: 7 USC 361a note.>> SHORT TITLE.
``This Act may be cited as the `Hatch Act of 1887'.''.
TITLE I--PRIORITIES, SCOPE, REVIEW, AND COORDINATION OF AGRICULTURAL
RESEARCH, EXTENSION, AND EDUCATION
SEC. 101. STANDARDS <<NOTE: 7 USC 7611.>> FOR FEDERAL FUNDING OF
AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
(a) In General.--The Secretary shall ensure that agricultural
research, extension, or education activities described in subsection (b)
address a concern that--
(1) is a priority, as determined under section 102(a); and
(2) has national, multistate, or regional significance.
(b) Application.--Subsection (a) applies to--
(1) research activities conducted by the Agricultural
Research Service; and
(2) research, extension, or education activities
administered, on a competitive basis, by the Cooperative State
Research, Education, and Extension Service.
SEC. 102. <<NOTE: 7 USC 7612.>> PRIORITY SETTING PROCESS.
(a) Establishment.--Consistent with section 1402 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3101), the Secretary shall establish priorities for agricultural
research, extension, and education activities conducted or funded by the
Department.
(b) Responsibilities of Secretary.--In establishing priorities for
agricultural research, extension, and education activities conducted or
funded by the Department, the Secretary shall solicit and consider input
and recommendations from persons who conduct or use agricultural
research, extension, or education.
(c) Responsibilities of 1862, 1890, and 1994 Institutions.--
(1) Process.--Effective <<NOTE: Effective date.>> October 1,
1999, to obtain agricultural research, extension, or education
formula funds from the Secretary, each 1862 Institution, 1890
Institution, and 1994 Institution shall establish and implement
a process for obtaining input from persons who conduct or use
agricultural research, extension, or education concerning the
use of the funds.
(2) Regulations.--The Secretary shall promulgate regulations
that prescribe--
(A) the requirements for an institution referred to
in paragraph (1) to comply with paragraph (1); and
(B) the consequences for an institution of not
complying with paragraph (1), which may include the
withholding or redistribution of funds to which the
institution may be entitled until the institution
complies with paragraph (1).
[[Page 112 STAT. 527]]
(d) Management Principles.--To the maximum extent practicable, the
Secretary shall ensure that federally supported and conducted
agricultural research, extension, and education activities are
accomplished in a manner that--
(1) integrates agricultural research, extension, and
education functions to better link research to technology
transfer and information dissemination activities;
(2) encourages regional and multistate programs to address
relevant issues of common concern and to better leverage scarce
resources; and
(3) achieves agricultural research, extension, and education
objectives through multi-institutional and multifunctional
approaches and by conducting research at facilities and
institutions best equipped to achieve those objectives.
SEC. 103. RELEVANCE <<NOTE: 7 USC 7613.>> AND MERIT OF
AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION FUNDED BY THE DEPARTMENT.
(a) Review <<NOTE: Procedures.>> of Cooperative State Research,
Education, and Extension Service.--
(1) Peer review of research grants.--The Secretary shall
establish procedures that provide for scientific peer review of
each agricultural research grant administered, on a competitive
basis, by the Cooperative State Research, Education, and
Extension Service of the Department.
(2) Merit review of extension and education grants.--
(A) Establishment of procedures.--The Secretary
shall establish procedures that provide for merit review
of each agricultural extension or education grant
administered, on a competitive basis, by the Cooperative
State Research, Education, and Extension Service.
(B) Consultation with advisory board.--The Secretary
shall consult with the Advisory Board in establishing
the merit review procedures.
(b) Advisory Board Review.--On an annual basis, the Advisory Board
shall review--
(1) the relevance to the priorities established under
section 102(a) of the funding of all agricultural research,
extension, or education activities conducted or funded by the
Department; and
(2) the adequacy of the funding.
(c) Requests for Proposals.--
(1) Review results.--As soon as practicable after the review
is conducted under subsection (b) for a fiscal year, the
Secretary shall consider the results of the review when
formulating each request for proposals, and evaluating
proposals, involving an agricultural research, extension, or
education activity funded, on a competitive basis, by the
Department.
(2) Input.--In formulating a request for proposals described
in paragraph (1) for a fiscal year, the Secretary shall solicit
and consider input from persons who conduct or use agricultural
research, extension, or education regarding the prior year's
request for proposals.
(d) Scientific Peer Review of Agricultural Research.--
(1) Peer review procedures.--The Secretary shall establish
procedures that ensure scientific peer review of all research
activities conducted by the Department.
[[Page 112 STAT. 528]]
(2) Review panel required.--As part of the procedures
established under paragraph (1), a review panel shall verify, at
least once every 5 years, that each research activity of the
Department and research conducted under each research program of
the Department has scientific merit and relevance.
(3) Mission area.--If the research activity or program to be
reviewed is included in the research, educational, and economics
mission area of the Department, the review panel shall
consider--
(A) the scientific merit and relevance of the
activity or research in light of the priorities
established pursuant to section 102; and
(B) the national or multistate significance of the
activity or research.
(4) Composition of review panel.--
(A) In general.--A review panel shall be composed of
individuals with scientific expertise, a majority of
whom are not employees of the agency whose research is
being reviewed.
(B) Scientists from colleges and universities.--To
the maximum extent practicable, the Secretary shall use
scientists from colleges and universities to serve on
the review panels.
(5) Submission of results.--The results of the panel reviews
shall be submitted to the Advisory Board.
(e) Merit Review.--
(1) <<NOTE: Effective date.>> 1862 and 1890 institutions.--
Effective October 1, 1999, to be eligible to obtain agricultural
research or extension funds from the Secretary for an activity,
each 1862 Institution and 1890 Institution shall--
(A) establish a process for merit review of the
activity; and
(B) <<NOTE: Effective date.>> review the activity in
accordance with the process.
(2) 1994 institutions.--Effective October 1, 1999, to be
eligible to obtain agricultural extension funds from the
Secretary for an activity, each 1994 Institution shall--
(A) establish a process for merit review of the
activity; and
(B) review the activity in accordance with the
process.
(f) Repeal of Provisions for Withholding Funds.--
(1) Smith-lever act.--Section 6 of the Smith-Lever Act (7
U.S.C. 346) is repealed.
(2) Hatch act of 1887.--Section 7 of the Hatch Act of 1887
(7 U.S.C. 361g) is amended by striking the last paragraph.
(3) National agricultural research, extension, and teaching
policy act of 1977.--The National Agricultural Research,
Extension, and Teaching Policy Act of 1977 is amended--
(A) in section 1444 (7 U.S.C. 3221)--
(i) by striking subsection (f); and
(ii) by redesignating subsection (g) as
subsection (f);
(B) in section 1445(g) (7 U.S.C. 3222(g)), by
striking paragraph (3); and
(C) by striking section 1468 (7 U.S.C. 3314).
[[Page 112 STAT. 529]]
SEC. 104. RESEARCH FORMULA FUNDS FOR 1862 INSTITUTIONS.
(a) In General.--Section 3 of the Hatch Act of 1887 (7 U.S.C. 361c)
is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs 1, 2, 3, and 5 as
paragraphs (1), (2), (3), and (4), respectively; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Not less than 25 percent shall be allotted to the
States for cooperative research employing multidisciplinary
approaches in which a State agricultural experiment station,
working with another State agricultural experiment station, the
Agricultural Research Service, or a college or university,
cooperates to solve problems that concern more than 1 State. The
funds available under this paragraph, together with the funds
available under subsection (b) for a similar purpose, shall be
designated as the `Multistate Research Fund, State Agricultural
Experiment Stations'.''; and
(2) by adding at the end the following:
``(h) Peer Review and Plan of Work.--
``(1) Peer review.--Research carried out under subsection
(c)(3) shall be subject to scientific peer review. The review of
a project conducted under this paragraph shall be considered to
satisfy the merit review requirements of section 103(e) of the
Agricultural Research, Extension, and Education Reform Act of
1998.
``(2) Plan of work.--The State shall include in the plan of
work of the State required under section 7 a description of the
manner in which the State will meet the requirements of
subsection (c)(3).''.
(b) Conforming Amendments.--Section 3 of the Hatch Act of 1887 (7
U.S.C. 361c) is amended--
(1) in subsection (b)(1), by striking ``subsection 3(c)(3)''
and inserting ``subsection (c)(3)''; and
(2) in subsection (e), by striking ``subsection 3(c)3'' and
inserting ``subsection (c)(3)''.
SEC. 105. EXTENSION FORMULA FUNDS FOR 1862 INSTITUTIONS.
Section 3 of the Smith-Lever Act (7 U.S.C. 343) is amended by adding
at the end the following:
``(h) Multistate Cooperative Extension Activities.--
``(1) In general.--Not less than the applicable percentage
specified under paragraph (2) of the amounts that are paid to a
State under subsections (b) and (c) during a fiscal year shall
be expended by States for cooperative extension activities in
which 2 or more States cooperate to solve problems that concern
more than 1 State (referred to in this subsection as `multistate
activities').
``(2) Applicable percentages.--
``(A) 1997 expenditures on multistate activities.--
Of the Federal formula funds that were paid to each
State for fiscal year 1997 under subsections (b) and
(c), the Secretary of Agriculture shall determine the
percentage that the State expended for multistate
activities.
``(B) Required expenditures on multistate
activities.--Of the Federal formula funds that are paid
to each State for fiscal year 2000 and each subsequent
fiscal year
[[Page 112 STAT. 530]]
under subsections (b) and (c), the State shall expend
for the fiscal year for multistate activities a
percentage that is at least equal to the lesser of--
``(i) 25 percent; or
``(ii) twice the percentage for the State
determined under subparagraph (A).
``(C) Reduction by secretary.--The Secretary may
reduce the minimum percentage required to be expended
for multistate activities under subparagraph (B) by a
State in a case of hardship, infeasibility, or other
similar circumstance beyond the control of the State, as
determined by the Secretary.
``(D) Plan of work.--The State shall include in the
plan of work of the State required under section 4 a
description of the manner in which the State will meet
the requirements of this paragraph.
``(3) Applicability.--This subsection does not apply to
funds provided--
``(A) by a State or local government pursuant to a
matching requirement;
``(B) to a 1994 Institution (as defined in section
532 of the Equity in Educational Land-Grant Status Act
of 1994 (Public Law 103-382; 7 U.S.C. 301 note)); or
``(C) to the Commonwealth of Puerto Rico, the Virgin
Islands, or Guam.
``(i) Merit Review.--
``(1) Review <<NOTE: Effective date.>> required.--Effective
October 1, 1999, extension activity carried out under subsection
(h) shall be subject to merit review.
``(2) Other requirements.--An extension activity for which
merit review is conducted under paragraph (1) shall be
considered to have satisfied the requirements for review under
section 103(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998.''.
SEC. 106. RESEARCH FACILITIES.
(a) Criteria for Approval.--Section 3(c)(2)(C)(ii) of the Research
Facilities Act (7 U.S.C. 390a(c)(2)(C)(ii)) is amended by striking
``regional needs'' and inserting ``national or multistate needs''.
(b) National or Multistate Needs Served by ARS Facilities.--Section
3 of the Research Facilities Act (7 U.S.C. 390a) is amended by adding at
the end the following:
``(e) National or Multistate Needs Served by ARS Facilities.--The
Secretary shall ensure that each research activity conducted by a
facility of the Agricultural Research Service serves a national or
multistate need.''.
(c) 10-Year Strategic Plan.--Section 4(d) of the Research Facilities
Act (7 U.S.C. 390b(d)) is amended by striking ``regional'' and inserting
``multistate''.
(d) Comprehensive Research Capacity.--Section 4 of the Research
Facilities Act (7 U.S.C. 390b) is amended by adding at the end the
following:
``(g) Comprehensive Research Capacity.--After submission of the 10-
year strategic plan required under subsection (d), the
[[Page 112 STAT. 531]]
Secretary shall continue to review periodically each operating
agricultural research facility constructed in whole or in part with
Federal funds, and each planned agricultural research facility proposed
to be constructed in whole or in part with Federal funds, pursuant to
criteria established by the Secretary, to ensure that a comprehensive
research capacity is maintained.''.
TITLE II--REFORM OF EXISTING AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION AUTHORITIES
Subtitle A--Smith-Lever Act and Hatch Act of 1887
SEC. 201. COOPERATIVE AGRICULTURAL EXTENSION WORK BY 1862, 1890,
AND 1994 INSTITUTIONS.
Section 3(b)(3) of the Smith-Lever Act (7 U.S.C. 343(b)(3)) is
amended in the last sentence by striking ``State institutions'' and all
that follows through the period at the end and inserting ``1994
Institutions (in accordance with regulations that the Secretary may
promulgate) and may be administered by the 1994 Institutions through
cooperative agreements with colleges and universities eligible to
receive funds under the Act of July 2, 1862 (12 Stat. 503, chapter 130;
7 U.S.C. 301 et seq.), or the Act of August 30, 1890 (26 Stat. 419,
chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University,
located in any State.''.
SEC. 202. PLANS OF WORK TO ADDRESS CRITICAL RESEARCH AND EXTENSION
ISSUES AND USE OF PROTOCOLS TO MEASURE
SUCCESS OF PLANS.
(a) Smith-Lever Act.--Section 4 of the Smith-Lever Act (7 U.S.C.
344) is amended--
(1) by striking ``Sec. 4.'' and inserting the following:
``SEC. 4. ASCERTAINMENT OF ENTITLEMENT OF STATE TO FUNDS; TIME AND
MANNER OF PAYMENT; STATE REPORTING
REQUIREMENTS; PLANS OF WORK.
``(a) Ascertainment of Entitlement.--'';
(2) in the last sentence, by striking ``Such sums'' and
inserting the following:
``(b) Time and Manner of Payment; Related Reports.--The amount to
which a State is entitled''; and
(3) by adding at the end the following:
``(c) Requirements Related to Plan of Work.--Each extension plan of
work for a State required under subsection (a) shall contain
descriptions of the following:
``(1) The critical short-term, intermediate, and long-term
agricultural issues in the State and the current and planned
extension programs and projects targeted to address the issues.
``(2) The process established to consult with extension
users regarding the identification of critical agricultural
issues in the State and the development of extension programs
and projects targeted to address the issues.
``(3) The efforts made to identify and collaborate with
other colleges and universities within the State, and within
other
[[Page 112 STAT. 532]]
States, that have a unique capacity to address the identified
agricultural issues in the State and the extent of current and
emerging efforts (including regional efforts) to work with those
other institutions.
``(4) The manner in which research and extension, including
research and extension activities funded other than through
formula funds, will cooperate to address the critical issues in
the State, including the activities to be carried out
separately, the activities to be carried out sequentially, and
the activities to be carried out jointly.
``(5) The education and outreach programs already underway
to convey available research results that are pertinent to a
critical agricultural issue, including efforts to encourage
multicounty cooperation in the dissemination of research
results.
``(d) Extension Protocols.--
``(1) Development.--The Secretary of Agriculture shall
develop protocols to be used to evaluate the success of
multistate, multi-institutional, and multidisciplinary extension
activities and joint research and extension activities in
addressing critical agricultural issues identified in the plans
of work submitted under subsection (a).
``(2) Consultation.--The Secretary of Agriculture shall
develop the protocols in consultation with the National
Agricultural Research, Extension, Education, and Economics
Advisory Board established under section 1408 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3123) and land-grant colleges and universities.
``(e) Treatment of Plans of Work for Other Purposes.--To the maximum
extent practicable, the Secretary shall consider a plan of work
submitted under subsection (a) to satisfy other appropriate Federal
reporting requirements.''.
(b) Hatch Act of 1887.--Section 7 of the Hatch Act of 1887 (7 U.S.C.
361g) (as amended by section 103(f)(2)) is amended--
(1) by striking ``Sec. 7.'' and inserting the following:
``SEC. 7. DUTIES OF SECRETARY; ASCERTAINMENT OF ENTITLEMENT OF
STATE TO FUNDS; PLANS OF WORK.
``(a) Duties of Secretary.--'';
(2) by striking ``On or before'' and inserting the
following:
``(b) Ascertainment of Entitlement.--On or before'';
(3) by striking ``Whenever it shall appear'' and inserting
the following:
``(c) Effect of Failure To Expend Full Allotment.--Whenever it shall
appear''; and
(4) by adding at the end the following:
``(d) Plan of Work Required.--Before funds may be provided to a
State under this Act for any fiscal year, a plan of work to be carried
out under this Act shall be submitted by the proper officials of the
State and shall be approved by the Secretary of Agriculture.
``(e) Requirements Related to Plan of Work.--Each plan of work for a
State required under subsection (d) shall contain descriptions of the
following:
``(1) The critical short-term, intermediate, and long-term
agricultural issues in the State and the current and planned
research programs and projects targeted to address the issues.
[[Page 112 STAT. 533]]
``(2) The process established to consult with users of
agricultural research regarding the identification of critical
agricultural issues in the State and the development of research
programs and projects targeted to address the issues.
``(3) The efforts made to identify and collaborate with
other colleges and universities within the State, and within
other States, that have a unique capacity to address the
identified agricultural issues in the State and the extent of
current and emerging efforts (including regional efforts) to
work with those other institutions.
``(4) The manner in which research and extension, including
research and extension activities funded other than through
formula funds, will cooperate to address the critical issues in
the State, including the activities to be carried out
separately, the activities to be carried out sequentially, and
the activities to be carried out jointly.
``(f) Research Protocols.--
``(1) Development.--The Secretary of Agriculture shall
develop protocols to be used to evaluate the success of
multistate, multi-institutional, and multidisciplinary research
activities and joint research and extension activities in
addressing critical agricultural issues identified in the plans
of work submitted under subsection (d).
``(2) Consultation.--The Secretary of Agriculture shall
develop the protocols in consultation with the National
Agricultural Research, Extension, Education, and Economics
Advisory Board established under section 1408 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3123) and land-grant colleges and universities.
``(g) Treatment of Plans of Work for Other Purposes.--To the maximum
extent practicable, the Secretary shall consider a plan of work
submitted under subsection (d) to satisfy other appropriate Federal
reporting requirements.''.
(c) Effective <<NOTE: 7 USC 344 note.>> Date.--The amendments made
by this section take effect on October 1, 1999.
SEC. 203. CONSISTENT MATCHING FUNDS REQUIREMENTS UNDER HATCH ACT
OF 1887 AND SMITH-LEVER ACT.
(a) Hatch Act of 1887.--Section 3 of the Hatch Act of 1887 (7 U.S.C.
361c) is amended by striking subsection (d) and inserting the following:
``(d) Matching Funds.--
``(1) Requirement.--No allotment shall be made to a State
under subsection (b) or (c), and no payments from the allotment
shall be made to a State, in excess of the amount that the State
makes available out of non-Federal funds for agricultural
research and for the establishment and maintenance of facilities
for the performance of the research.
``(2) Failure to provide matching funds.--If a State fails
to comply with the requirement to provide matching funds for a
fiscal year under paragraph (1), the Secretary of Agriculture
shall withhold from payment to the State for that fiscal year an
amount equal to the difference between--
``(A) the amount that would be allotted and paid to
the State under subsections (b) and (c) (if the full
amount of matching funds were provided by the State);
and
[[Page 112 STAT. 534]]
``(B) the amount of matching funds actually provided
by the State.
``(3) Reapportionment.--
``(A) In general.--The Secretary of Agriculture
shall reapportion amounts withheld under paragraph (2)
for a fiscal year among the States satisfying the
matching requirement for that fiscal year.
``(B) Matching requirement.--Any reapportionment of
funds under this paragraph shall be subject to the
matching requirement specified in paragraph (1).''.
(b) Smith-Lever Act.--Section 3 of the Smith-Lever Act (7 U.S.C.
343) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs 1 and 2 as
paragraphs (1) and (2), respectively; and
(B) in paragraph (2) (as so redesignated), by
striking ``census: Provided, That payments'' and all
that follows through ``Provided further, That any'' and
inserting ``census. Any''; and
(2) by striking subsections (e) and (f) and inserting the
following:
``(e) Matching Funds.--
``(1) Requirement.--Except as provided in subsection (f), no
allotment shall be made to a State under subsection (b) or (c),
and no payments from the allotment shall be made to a State, in
excess of the amount that the State makes available out of non-
Federal funds for cooperative extension work.
``(2) Failure to provide matching funds.--If a State fails
to comply with the requirement to provide matching funds for a
fiscal year under paragraph (1), the Secretary of Agriculture
shall withhold from payment to the State for that fiscal year an
amount equal to the difference between--
``(A) the amount that would be allotted and paid to
the State under subsections (b) and (c) (if the full
amount of matching funds were provided by the State);
and
``(B) the amount of matching funds actually provided
by the State.
``(3) Reapportionment.--
``(A) In general.--The Secretary of Agriculture
shall reapportion amounts withheld under paragraph (2)
for a fiscal year among the States satisfying the
matching requirement for that fiscal year.
``(B) Matching requirement.--Any reapportionment of
funds under this paragraph shall be subject to the
matching requirement specified in paragraph (1).
``(f) Matching Funds Exception for 1994 Institutions.--There shall
be no matching requirement for funds made available to a 1994
Institution pursuant to subsection (b)(3).''.
(c) Technical Corrections.--
(1) Recognition of statehood of alaska and hawaii.--Section
1 of the Hatch Act of 1887 (7 U.S.C. 361a) is amended in the
second sentence by striking ``Alaska, Hawaii,''.
(2) Role of secretary of agriculture.--Section 3 of the
Smith-Lever Act (7 U.S.C. 343) is amended--
[[Page 112 STAT. 535]]
(A) in subsections (b)(1), (c), and (d), by striking
``Federal Extension Service'' each place it appears and
inserting ``Secretary of Agriculture''; and
(B) in subsection (g)(1), by striking ``through the
Federal Extension Service''.
(3) References to regional research fund.--Section 5 of the
Hatch Act of 1887 (7 U.S.C. 361e) is amended in the first
sentence by striking ``regional research fund authorized by
subsection 3(c)(3)'' and inserting ``Multistate Research Fund,
State Agricultural Experiment Stations''.
SEC. 204. INTEGRATION OF RESEARCH AND EXTENSION.
(a) In General.--Section 3 of the Hatch Act of 1887 (7 U.S.C. 361c)
(as amended by section 104(a)(2)) is amended by adding at the end the
following:
``(i) Integration of Research and Extension.--
``(1) In general.--Not less than the applicable percentage
specified under paragraph (2) of the Federal formula funds that
are paid under this Act and subsections (b) and (c) of section 3
of the Smith-Lever Act (7 U.S.C. 343) to colleges and
universities eligible to receive funds under the Act of July 2,
1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.), during a
fiscal year shall be expended for activities that integrate
cooperative research and extension (referred to in this
subsection as `integrated activities').
``(2) Applicable percentages.--
``(A) 1997 expenditures on multistate activities.--
Of the Federal formula funds that were paid to each
State for fiscal year 1997 under this Act and
subsections (b) and (c) of section 3 of the Smith-Lever
Act (7 U.S.C. 343), the Secretary of Agriculture shall
determine the percentage that the State expended for
integrated activities.
``(B) Required expenditures on multistate
activities.--Of the Federal formula funds that are paid
to each State for fiscal year 2000 and each subsequent
fiscal year under this Act and subsections (b) and (c)
of section 3 of the Smith-Lever Act (7 U.S.C. 343), the
State shall expend for the fiscal year for integrated
activities a percentage that is at least equal to the
lesser of--
``(i) 25 percent; or
``(ii) twice the percentage for the State
determined under subparagraph (A).
``(C) Reduction by secretary.--The Secretary of
Agriculture may reduce the minimum percentage required
to be expended by a State for integrated activities
under subparagraph (B) in a case of hardship,
infeasibility, or other similar circumstance beyond the
control of the State, as determined by the Secretary.
``(D) Plan of work.--The State shall include in the
plan of work of the State required under section 7 of
this Act or section 4 of the Smith-Lever Act (7 U.S.C.
344), as applicable, a description of the manner in
which the State will meet the requirements of this
paragraph.
``(3) Applicability.--This subsection does not apply to
funds provided--
``(A) by a State or local government pursuant to a
matching requirement;
[[Page 112 STAT. 536]]
``(B) to a 1994 Institution (as defined in section
532 of the Equity in Educational Land-Grant Status Act
of 1994 (Public Law 103-382; 7 U.S.C. 301 note)); or
``(C) to the Commonwealth of Puerto Rico, the Virgin
Islands, or Guam.
``(4) Relationship to other requirements.--Federal formula
funds described in paragraph (1) that are used by a State for a
fiscal year for integrated activities in accordance with
paragraph (2)(B) may also be used to satisfy the multistate
activities requirements of subsection (c)(3) of this section and
section 3(h) of the Smith-Lever Act (7 U.S.C. 343(h)) for the
same fiscal year.''.
(b) Conforming Amendment.--Section 3 of the Smith-Lever Act (7
U.S.C. 343) (as amended by section 105) is amended by adding at the end
the following:
``(j) Integration <<NOTE: Applicability.>> of Research and
Extension.--Section 3(i) of the Hatch Act of 1887 (7 U.S.C. 361c(i))
shall apply to amounts made available to carry out this Act.''.
Subtitle B--Competitive, Special, and Facilities Research Grant Act
SEC. 211. COMPETITIVE GRANTS.
The Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 450i) is amended in subsection (b)--
(1) in the first sentence of paragraph (1), by inserting
``national laboratories,'' after ``Federal agencies,'';
(2) in paragraph (2), by striking ``regional'' and inserting
``multistate'';
(3) in the second sentence of paragraph (3)(E), by striking
``an individual shall have less than'' and all that follows
through ``research experience'' and inserting ``an individual
shall be within 5 years of the individual's initial career track
position''; and
(4) in paragraph (8)(B)--
(A) by striking ``the cost'' and inserting ``the
cost of''; and
(B) by adding at the end the following: ``The
Secretary may waive all or part of the matching
requirement under this subparagraph in the case of a
smaller college or university (as described in section
793(c)(2)(C)(ii) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(C)(ii))) if
the equipment to be acquired costs not more than $25,000
and has multiple uses within a single research project
or is usable in more than 1 research project.''.
SEC. 212. SPECIAL GRANTS.
The Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 450i) is amended in subsection (c)--
(1) in paragraph (1)--
(A) by striking ``5 years'' and inserting ``3
years'';
(B) in subparagraph (A), by inserting ``, extension,
or education activities'' after ``conducting research'';
and
(C) in subparagraph (B)--
[[Page 112 STAT. 537]]
(i) in the matter preceding clause (i), by
inserting ``, extension, or education'' after
``agricultural research'';
(ii) in clause (i), by inserting ``,
extension, or education'' after ``research''; and
(iii) in clause (iv), by striking ``among
States through regional research'' and inserting
``, extension, or education among States through
regional''; and
(2) by adding at the end the following:
``(5) Review requirements.--
``(A) Research activities.--The Secretary shall make
a grant under this subsection for a research activity
only if the activity has undergone scientific peer
review arranged by the grantee in accordance with
regulations promulgated by the Secretary.
``(B) Extension <<NOTE: Regulations.>> and education
activities.--The Secretary shall make a grant under this
subsection for an extension or education activity only
if the activity has undergone merit review arranged by
the grantee in accordance with regulations promulgated
by the Secretary.
``(6) Reports.--
``(A) In general.--A recipient of a grant under this
subsection shall submit to the Secretary on an annual
basis a report describing the results of the research,
extension, or education activity and the merit of the
results.
``(B) Public availability.--
``(i) In general.--Except as provided in
clause (ii), on request, the Secretary shall make
the report available to the public.
``(ii) Exceptions.--Clause (i) shall not apply
to the extent that making the report, or a part of
the report, available to the public is not
authorized or permitted by section 552 of title 5,
United States Code, or section 1905 of title 18,
United States Code.''.
Subtitle C--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 221. DEFINITIONS REGARDING AGRICULTURAL RESEARCH, EXTENSION,
AND EDUCATION.
(a) Food and Agricultural Sciences.--Section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103) is amended by striking paragraph (8) and inserting the
following:
``(8) Food and agricultural sciences.--The term `food and
agricultural sciences' means basic, applied, and developmental
research, extension, and teaching activities in food and fiber,
agricultural, renewable natural resources, forestry, and
physical and social sciences, including activities relating to
the following:
``(A) Animal health, production, and well-being.
``(B) Plant health and production.
``(C) Animal and plant germ plasm collection and
preservation.
``(D) Aquaculture.
[[Page 112 STAT. 538]]
``(E) Food safety.
``(F) Soil and water conservation and improvement.
``(G) Forestry, horticulture, and range management.
``(H) Nutritional sciences and promotion.
``(I) Farm enhancement, including financial
management, input efficiency, and profitability.
``(J) Home economics.
``(K) Rural human ecology.
``(L) Youth development and agricultural education,
including 4-H clubs.
``(M) Expansion of domestic and international
markets for agricultural commodities and products,
including agricultural trade barrier identification and
analysis.
``(N) Information management and technology transfer
related to agriculture.
``(O) Biotechnology related to agriculture.
``(P) The processing, distributing, marketing, and
utilization of food and agricultural products.''.
(b) References to Teaching or Education.--Section 1404(14) of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103(14)) is amended by striking ``the term `teaching'
means'' and inserting ``Teaching and education.--The terms `teaching'
and `education' mean''.
(c) Conforming Amendments.--Section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103) is amended--
(1) in the matter preceding paragraph (1), by striking
``title--'' and inserting ``title:'';
(2) in paragraphs (1), (2), (3), (5), (6), (7), (10) through
(13), (15), (16), and (17), by striking ``the term'' each place
it appears and inserting ``The term'';
(3) in paragraph (4), by striking ``the terms'' and
inserting ``The terms'';
(4) in paragraph (9), by striking ``the term'' the first
place it appears and inserting ``The term'';
(5) by striking the semicolon at the end of paragraphs (1)
through (7) and (9) through (15) and inserting a period; and
(6) in paragraph (16)(F), by striking ``; and'' and
inserting a period.
SEC. 222. ADVISORY BOARD.
(a) Representation on Board.--Section 1408(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123(b)) is amended by adding at the end the following:
``(7) Equal representation of public and private sector
members.--In appointing members to serve on the Advisory Board,
the Secretary shall ensure, to the maximum extent practicable,
equal representation of public and private sector members.''.
(b) Consultation.--Section 1408(d) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(d))
is amended--
(1) by striking ``In'' and inserting the following:
``(1) Duties of advisory board.--In''; and
(2) by adding at the end the following:
[[Page 112 STAT. 539]]
``(2) Duties of secretary.--To comply with a provision of
this title or any other law that requires the Secretary to
consult or cooperate with the Advisory Board or that authorizes
the Advisory Board to submit recommendations to the Secretary,
the Secretary shall--
``(A) solicit the written opinions and
recommendations of the Advisory Board; and
``(B) provide a written response to the Advisory
Board regarding the manner and extent to which the
Secretary will implement recommendations submitted by
the Advisory Board.''.
(c) Limitation on Expenses of Advisory Board.--Section 1408 of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3123) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Annual Limitation on Advisory Board Expenses.--
``(1) Maximum amount.--Not more than $350,000 may be used to
cover the necessary expenses of the Advisory Board for each
fiscal year.
``(2) General limitation.--The expenses of the Advisory
Board shall not be counted toward any general limitation on the
expenses of advisory committees, panels, commissions, and task
forces of the Department of Agriculture contained in any Act
making appropriations for the Department of Agriculture, whether
enacted before, on, or after the date of enactment of this
paragraph, unless the appropriation Act specifically refers to
this subsection and specifically includes this Advisory Board
within the general limitation.''.
SEC. 223. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURAL
SCIENCES EDUCATION.
Section 1417 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3152) is amended--
(1) by redesignating subsections (c), (d), (e), (f), (g),
(h), (i), and (j) as subsections (d), (f), (g), (h), (i), (j),
(k), and (l), respectively;
(2) by inserting after subsection (b) the following:
``(c) Priorities.--In awarding grants under subsection (b), the
Secretary shall give priority to--
``(1) applications for teaching enhancement projects that
demonstrate enhanced coordination among all types of
institutions eligible for funding under this section; and
``(2) applications for teaching enhancement projects that
focus on innovative, multidisciplinary education programs,
material, and curricula.''; and
(3) by inserting after subsection (d) (as redesignated by
paragraph (1)) the following:
``(e) Food and Agricultural Education Information System.--From
amounts made available for grants under this section, the Secretary may
maintain a national food and agricultural education information system
that contains--
``(1) information on enrollment, degrees awarded, faculty,
and employment placement in the food and agricultural sciences;
and
``(2) such other similar information as the Secretary
considers appropriate.''.
[[Page 112 STAT. 540]]
SEC. 224. POLICY RESEARCH CENTERS.
Section 1419A(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3155(a)) is amended by
inserting ``and trade agreements'' after ``public policies''.
SEC. 225. PLANS OF WORK FOR 1890 INSTITUTIONS TO ADDRESS CRITICAL
RESEARCH AND EXTENSION ISSUES AND USE OF
PROTOCOLS TO MEASURE SUCCESS OF PLANS.
(a) Extension at 1890 Institutions.--Section 1444(d) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3221(d)) is amended--
(1) by striking ``(d)'' and inserting the following:
``(d) Ascertainment of Entitlement to Funds; Time and Manner of
Payment; State Reporting Requirements; Plans of Work.--
``(1) Ascertainment of entitlement.--'';
(2) in the last sentence, by striking ``Such sums'' and
inserting the following:
``(2) Time and manner of payment; related reports.--The
amount to which an eligible institution is entitled''; and
(3) by adding at the end the following:
``(3) Requirements related to plan of work.--Each plan of
work for an eligible institution required under this section
shall contain descriptions of the following:
``(A) The critical short-term, intermediate, and
long-term agricultural issues in the State in which the
eligible institution is located and the current and
planned extension programs and projects targeted to
address the issues.
``(B) The process established to consult with
extension users regarding the identification of critical
agricultural issues in the State and the development of
extension programs and projects targeted to address the
issues.
``(C) The efforts made to identify and collaborate
with other colleges and universities within the State,
and within other States, that have a unique capacity to
address the identified agricultural issues in the State
and the extent of current and emerging efforts
(including regional extension efforts) to work with
those other institutions.
``(D) The manner in which research and extension,
including research and extension activities funded other
than through formula funds, will cooperate to address
the critical issues in the State, including the
activities to be carried out separately, the activities
to be carried out sequentially, and the activities to be
carried out jointly.
``(E) The education and outreach programs already
underway to convey currently available research results
that are pertinent to a critical agricultural issue,
including efforts to encourage multicounty cooperation
in the dissemination of research results.
``(4) Extension protocols.--
``(A) In general.--The Secretary shall develop
protocols to be used to evaluate the success of
multistate, multi-institutional, and multidisciplinary
extension activities and joint research and extension
activities in addressing critical agricultural issues
identified in the plans of work submitted under this
section.
[[Page 112 STAT. 541]]
``(B) Consultation.--The Secretary shall develop the
protocols in consultation with the Advisory Board and
land-grant colleges and universities.
``(5) Treatment of plans of work for other purposes.--To the
maximum extent practicable, the Secretary shall consider a plan
of work submitted under this section to satisfy other
appropriate Federal reporting requirements.''.
(b) Agricultural Research At 1890 Institutions.--Section 1445(c) of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3222(c)) is amended--
(1) by striking ``(c)'' and inserting the following:
``(c) Program and Plans of Work.--
``(1) Initial comprehensive program of agricultural
research.--''; and
(2) by adding at the end the following:
``(2) Plan of work required.--Before funds may be provided
to an eligible institution under this section for any fiscal
year, a plan of work to be carried out under this section shall
be submitted by the research director specified in subsection
(d) and shall be approved by the Secretary.
``(3) Requirements related to plan of work.--Each plan of
work required under paragraph (2) shall contain descriptions of
the following:
``(A) The critical short-term, intermediate, and
long-term agricultural issues in the State in which the
eligible institution is located and the current and
planned research programs and projects targeted to
address the issues.
``(B) The process established to consult with users
of agricultural research regarding the identification of
critical agricultural issues in the State and the
development of research programs and projects targeted
to address the issues.
``(C) Other colleges and universities within the
State, and within other States, that have a unique
capacity to address the identified agricultural issues
in the State.
``(D) The current and emerging efforts to work with
those other institutions to build on each other's
experience and take advantage of each institution's
unique capacities.
``(E) The manner in which research and extension,
including research and extension activities funded other
than through formula funds, will cooperate to address
the critical issues in the State, including the
activities to be carried out separately, the activities
to be carried out sequentially, and the activities to be
carried out jointly.
``(4) Research protocols.--
``(A) In general.--The Secretary shall develop
protocols to be used to evaluate the success of
multistate, multi-institutional, and multidisciplinary
research activities and joint research and extension
activities in addressing critical agricultural issues
identified in the plans of work submitted under
paragraph (2).
``(B) Consultation.--The Secretary shall develop the
protocols in consultation with the Advisory Board and
land-grant colleges and universities.
[[Page 112 STAT. 542]]
``(5) Treatment of plans of work for other purposes.--To the
maximum extent practicable, the Secretary shall consider a plan
of work submitted under paragraph (2) to satisfy other
appropriate Federal reporting requirements.''.
(c) Effective <<NOTE: 7 USC 3221 note.>> Date.--The amendments made
by this section take effect on October 1, 1999.
SEC. 226. MATCHING FUNDS REQUIREMENT FOR RESEARCH AND EXTENSION
ACTIVITIES AT 1890 INSTITUTIONS.
(a) Imposition of Requirement.--Subtitle G of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 is
amended by inserting after section 1448 (7 U.S.C. 3222c) the following:
``SEC. 1449. MATCHING <<NOTE: 7 USC 3222d.>> FUNDS REQUIREMENT FOR
RESEARCH AND EXTENSION ACTIVITIES AT
ELIGIBLE INSTITUTIONS.
``(a) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible institution'
means a college eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321 et seq.) (commonly known as the
`Second Morrill Act'), including Tuskegee University.
``(2) Formula funds.--The term `formula funds' means the
formula allocation funds distributed to eligible institutions
under sections 1444 and 1445.
``(b) Determination <<NOTE: Reports.>> of Non-Federal Sources of
Funds.--Not later than September 30, 1999, each eligible institution
shall submit to the Secretary a report describing for fiscal year 1999--
``(1) the sources of non-Federal funds made available by the
State to the eligible institution for agricultural research,
extension, and education to meet the requirements of this
section; and
``(2) the amount of such funds generally available from each
source.
``(c) Matching Formula.--Notwithstanding any other provision of this
subtitle, the distribution of formula funds to an eligible institution
shall be subject to the following matching requirements:
``(1) For fiscal year 2000, the State shall provide matching
funds from non-Federal sources in an amount equal to not less
than 30 percent of the formula funds to be distributed to the
eligible institution.
``(2) For fiscal year 2001, the State shall provide matching
funds from non-Federal sources in an amount equal to not less
than 45 percent of the formula funds to be distributed to the
eligible institution.
``(3) For fiscal year 2002 and each fiscal year thereafter,
the State shall provide matching funds from non-Federal sources
in an amount equal to not less than 50 percent of the formula
funds to be distributed to the eligible institution.
``(d) Limited Waiver Authority.--
``(1) Fiscal year 2000.--Notwithstanding subsection (f), the
Secretary may waive the matching funds requirement under
subsection (c)(1) for fiscal year 2000 for an eligible
institution of a State if the Secretary determines that, based
on the report received under subsection (b), the State will be
unlikely to satisfy the matching requirement.
``(2) Future fiscal years.--The Secretary may not waive the
matching requirement under subsection (c) for any fiscal year
other than fiscal year 2000.
[[Page 112 STAT. 543]]
``(e) Use of Matching Funds.--Under terms and conditions established
by the Secretary, matching funds provided as required by subsection (c)
may be used by an eligible institution for agricultural research,
extension, and education activities.
``(f) Redistribution of Funds.--
``(1) Redistribution required.--Federal funds that are not
matched by a State in accordance with subsection (c) for a
fiscal year shall be redistributed by the Secretary to eligible
institutions whose States have satisfied the matching funds
requirement for that fiscal year.
``(2) Administration.--Any redistribution of funds under
this subsection shall be subject to the applicable matching
requirement specified in subsection (c) and shall be made in a
manner consistent with sections 1444 and 1445, as determined by
the Secretary.''.
(b) Conforming Amendments.--Section 1445(g) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3222(g)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (4) as paragraph (2).
(c) References to Tuskegee University.--The National Agricultural
Research, Extension, and Teaching Policy Act of 1977 is amended--
(1) in section 1404 (7 U.S.C. 3103), by striking ``the
Tuskegee Institute'' in paragraphs (10) and (16)(B) and
inserting ``Tuskegee University'';
(2) in section 1444 (7 U.S.C. 3221)--
(A) by striking the section heading and ``Sec.
1444.'' and inserting the following:
``SEC. 1444. EXTENSION AT 1890 LAND-GRANT COLLEGES, INCLUDING
TUSKEGEE UNIVERSITY.'';
and
(B) in subsections (a) and (b), by striking
``Tuskegee Institute'' each place it appears and
inserting ``Tuskegee University''; and
(3) in section 1445 (7 U.S.C. 3222)--
(A) by striking the section heading and ``Sec.
1445.'' and inserting the following:
``SEC. 1445. AGRICULTURAL RESEARCH AT 1890 LAND-GRANT COLLEGES,
INCLUDING TUSKEGEE UNIVERSITY.'';
and
(B) in subsections (a) and (b)(2)(B), by striking
``Tuskegee Institute'' each place it appears and
inserting ``Tuskegee University''.
SEC. 227. INTERNATIONAL RESEARCH, EXTENSION, AND TEACHING.
(a) Inclusion of Teaching.--Section 1458 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3291) is amended--
(1) in the section heading, by striking ``research and
extension'' and inserting ``research, extension, and teaching'';
(2) in subsection (a)--
(A) in paragraph (1)--
[[Page 112 STAT. 544]]
(i) by striking ``related research and
extension'' and inserting ``related research,
extension, and teaching''; and
(ii) in subparagraph (B), by striking
``research and extension on'' and inserting
``research, extension, and teaching activities
that address'';
(B) in paragraphs (2) and (6), by striking
``education'' each place it appears and inserting
``teaching'';
(C) in paragraph (4), by striking ``scientists and
experts'' and inserting ``science and education
experts'';
(D) in paragraph (5), by inserting ``teaching,''
after ``development,'';
(E) in paragraph (7), by striking ``research and
extension that is'' and inserting ``research, extension,
and teaching programs''; and
(F) in paragraph (8), by striking ``research
capabilities'' and inserting ``research, extension, and
teaching capabilities''; and
(3) in subsection (b), by striking ``counterpart agencies''
and inserting ``counterpart research, extension, and teaching
agencies''.
(b) Grants for Collaborative Projects.--Section 1458(a) of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3291(a)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) make competitive grants for collaborative projects
that--
``(A) involve Federal scientists or scientists from
land-grant colleges and universities or other colleges
and universities with scientists at international
agricultural research centers in other nations,
including the international agricultural research
centers of the Consultative Group on International
Agriculture Research;
``(B) focus on developing and using new technologies
and programs for--
``(i) increasing the production of food and
fiber, while safeguarding the environment
worldwide and enhancing the global competitiveness
of United States agriculture; or
``(ii) training scientists;
``(C) are mutually beneficial to the United States
and other countries; and
``(D) encourage private sector involvement and the
leveraging of private sector funds.''.
(c) Reports.--Section 1458 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291) is amended by
adding at the end the following:
``(d) Reports.--The Secretary shall provide biennial reports to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate on
efforts of the Federal Government--
``(1) to coordinate international agricultural research
within the Federal Government; and
[[Page 112 STAT. 545]]
``(2) to more effectively link the activities of domestic
and international agricultural researchers, particularly
researchers of the Agricultural Research Service.''.
(d) Full Payment of Funds Made Available for Certain Binational
Projects.--Section 1458 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291) is amended by
inserting after subsection (d) (as added by subsection (c) of this
section) the following:
``(e) Full Payment of Funds Made Available for Certain Binational
Projects.--Notwithstanding any other provision of law, the full amount
of any funds appropriated or otherwise made available to carry out
cooperative projects under the arrangement entered into between the
Secretary and the Government of Israel to support the Israel-United
States Binational Agricultural Research and Development Fund shall be
paid directly to the Fund.''.
(e) Subtitle Heading.--Subtitle I of title XIV of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3291 et seq.) is amended by striking the subtitle heading and
inserting the following:
``Subtitle I--International Research, Extension, and Teaching''.
SEC. 228. UNITED STATES-MEXICO JOINT AGRICULTURAL RESEARCH.
Subtitle I of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 is amended by inserting after section 1458
(7 U.S.C. 3291) the following:
``SEC. 1459. UNITED <<NOTE: 7 USC 3292a.>> STATES-MEXICO JOINT
AGRICULTURAL RESEARCH.
``(a) Research and Development Program.--The Secretary may provide
for an agricultural research and development program with the United
States/Mexico Foundation for Science. The program shall focus on
binational problems facing agricultural producers and consumers in the 2
countries, in particular pressing problems in the areas of food safety,
plant and animal pest control, and the natural resources base on which
agriculture depends.
``(b) Administration.--Grants under the research and development
program shall be awarded competitively through the Foundation.
``(c) Matching Requirements.--The provision of funds to the
Foundation by the United States Government shall be subject to the
condition that the Government of Mexico match, on at least a dollar-for-
dollar basis, any funds provided by the United States Government.
``(d) Limitation on Use of Funds.--Funds provided under this section
may not be used for the planning, repair, rehabilitation, acquisition,
or construction of a building or facility.''.
SEC. 229. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL
SCIENCE AND EDUCATION PROGRAMS.
Subtitle I of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3291 et seq.) is amended by
inserting after section 1459 (as added by section 228) the following:
[[Page 112 STAT. 546]]
``SEC. 1459A. COMPETITIVE <<NOTE: 7 USC 3292b.>> GRANTS FOR
INTERNATIONAL AGRICULTURAL SCIENCE
AND EDUCATION PROGRAMS.
``(a) Competitive Grants Authorized.--The Secretary may make
competitive grants to colleges and universities in order to strengthen
United States economic competitiveness and to promote international
market development.
``(b) Purpose of Grants.--Grants under this section shall be
directed to agricultural research, extension, and teaching activities
that will--
``(1) enhance the international content of the curricula in
colleges and universities so as to ensure that United States
students acquire an understanding of the international
dimensions and trade implications of their studies;
``(2) ensure that United States scientists, extension
agents, and educators involved in agricultural research and
development activities outside of the United States have the
opportunity to convey the implications of their activities and
findings to their peers and students in the United States and to
the users of agricultural research, extension, and teaching;
``(3) enhance the capabilities of colleges and universities
to do collaborative research with other countries, in
cooperation with other Federal agencies, on issues relevant to
United States agricultural competitiveness;
``(4) enhance the capabilities of colleges and universities
to provide cooperative extension education to promote the
application of new technology developed in foreign countries to
United States agriculture; and
``(5) enhance the capability of United States colleges and
universities, in cooperation with other Federal agencies, to
provide leadership and educational programs that will assist
United States natural resources and food production, processing,
and distribution businesses and industries to compete
internationally, including product market identification,
international policies limiting or enhancing market production,
development of new or enhancement of existing markets, and
production efficiencies.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002.''.
SEC. 230. GENERAL ADMINISTRATIVE COSTS.
(a) Limitation on Charging Indirect Costs.--Subtitle K of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 is amended by inserting before section 1463 (7 U.S.C. 3311) the
following:
``SEC. 1462. LIMITATION <<NOTE: 7 USC 3310.>> ON INDIRECT COSTS
FOR AGRICULTURAL RESEARCH, EDUCATION,
AND EXTENSION PROGRAMS.
``Except as otherwise provided in law, indirect costs charged
against a competitive agricultural research, education, or extension
grant awarded under this Act or any other Act pursuant to authority
delegated to the Under Secretary of Agriculture for Research, Education,
and Economics shall not exceed 19 percent of the total Federal funds
provided under the grant award, as determined by the Secretary.''.
[[Page 112 STAT. 547]]
(b) Limitation on Department Administrative Costs.--Section 1469 of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3315) is amended--
(1) by striking the section heading and all that follows
through ``Except as'' and inserting the following:
``SEC. 1469. AUDITING, REPORTING, BOOKKEEPING, AND ADMINISTRATIVE
REQUIREMENTS.
``(a) In General.--Except as'';
(2) by striking paragraph (3) and inserting the following:
``(3) the Secretary may retain up to 4 percent of amounts
appropriated for agricultural research, extension, and teaching
assistance programs for the administration of those programs
authorized under this Act or any other Act; and''; and
(3) by adding at the end the following:
``(b) Community Food Projects.--The Secretary may retain, for the
administration of community food projects under section 25 of the Food
Stamp Act of 1977 (7 U.S.C. 2034), 4 percent of amounts available for
the projects, notwithstanding the availability of any appropriation for
administrative expenses of the projects.
``(c) Peer Panel Expenses.--Notwithstanding any other provision of
law regarding a competitive research, education, or extension grant
program of the Department of Agriculture, the Secretary may use grant
program funds, as necessary, to supplement funds otherwise available for
program administration, to pay for the costs associated with peer review
of grant proposals under the program.
``(d) Definition of In-Kind Support.--In any law relating to
agricultural research, education, or extension activities administered
by the Secretary, the term `in-kind support', with regard to a
requirement that the recipient of funds provided by the Secretary match
all or part of the amount of the funds, means contributions such as
office space, equipment, and staff support.''.
SEC. 231. EXPANSION OF AUTHORITY TO ENTER INTO COST-REIMBURSABLE
AGREEMENTS.
Section 1473A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319a) is amended in the first
sentence by inserting ``or other colleges and universities'' after
``institutions''.
Subtitle D--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 241. AGRICULTURAL GENOME INITIATIVE.
Section 1671 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5924) is amended to read as follows:
``SEC. 1671. AGRICULTURAL GENOME INITIATIVE.
``(a) Goals.--The goals of this section are--
``(1) to expand the knowledge of public and private sector
entities and persons concerning genomes for species of
importance to the food and agriculture sectors in order to
maximize the return on the investment in genomics of
agriculturally important species;
[[Page 112 STAT. 548]]
``(2) to focus on the species that will yield scientifically
important results that will enhance the usefulness of many
agriculturally important species;
``(3) to build on genomic research, such as the Human Genome
Initiative and the Arabidopsis Genome Project, to understand
gene structure and function that is expected to have
considerable payoffs in agriculturally important species;
``(4) to develop improved bioinformatics to enhance both
sequence or structure determination and analysis of the
biological function of genes and gene products;
``(5) to encourage Federal Government participants to
maximize the utility of public and private partnerships for
agricultural genome research;
``(6) to allow resources developed under this section,
including data, software, germplasm, and other biological
materials, to be openly accessible to all persons, subject to
any confidentiality requirements imposed by law; and
``(7) to encourage international partnerships with each
partner country responsible for financing its own strategy for
agricultural genome research.
``(b) Duties of Secretary.--The Secretary of Agriculture (referred
to in this section as the `Secretary') shall conduct a research
initiative (to be known as the `Agricultural Genome Initiative') for the
purpose of--
``(1) studying and mapping agriculturally significant genes
to achieve sustainable and secure agricultural production;
``(2) ensuring that current gaps in existing agricultural
genetics knowledge are filled;
``(3) identifying and developing a functional understanding
of genes responsible for economically important traits in
agriculturally important species, including emerging plant and
animal diseases causing economic hardship;
``(4) ensuring future genetic improvement of agriculturally
important species;
``(5) supporting preservation of diverse germplasm;
``(6) ensuring preservation of biodiversity to maintain
access to genes that may be of importance in the future; and
``(7) otherwise carrying out this section.
``(c) Grants and Cooperative Agreements.--
``(1) Authority.--The Secretary may make grants or enter
into cooperative agreements with individuals and organizations
in accordance with section 1472 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3318).
``(2) Competitive basis.--A grant or cooperative agreement
under this subsection shall be made or entered into on a
competitive basis.
``(d) Administration.--Paragraphs <<NOTE: Applicability.>> (1), (6),
(7), and (11) of subsection (b) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i) shall apply with respect
to the making of a grant or cooperative agreement under this section.
``(e) Matching of Funds.--
``(1) General requirement.--If a grant or cooperative
agreement under this section provides a particular benefit to a
specific agricultural commodity, the Secretary shall require the
recipient to provide funds or in-kind support to match
[[Page 112 STAT. 549]]
the amount of funds provided by the Secretary under the grant or
cooperative agreement.
``(2) Waiver.--The Secretary may waive the matching funds
requirement of paragraph (1) with respect to a research project
if the Secretary determines that--
``(A) the results of the project, while of
particular benefit to a specific agricultural commodity,
are likely to be applicable to agricultural commodities
generally; or
``(B) the project involves a minor commodity, the
project deals with scientifically important research,
and the recipient is unable to satisfy the matching
funds requirement.
``(f) Consultation With National Academy of Sciences.--The Secretary
may use funds made available under this section to consult with the
National Academy of Sciences regarding the administration of the
Agricultural Genome Initiative.''.
SEC. 242. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925) is amended to read as follows:
``SEC. 1672. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
``(a) Competitive Specialized Research and Extension Grants
Authorized.--The Secretary of Agriculture (referred to in this section
as the `Secretary') may make competitive grants to support research and
extension activities specified in subsections (e), (f), and (g). The
Secretary shall make the grants in consultation with the National
Agricultural Research, Extension, Education, and Economics Advisory
Board.
``(b) Administration.--
``(1) In general.--Except as otherwise provided in this
section, paragraphs (1), (6), (7), and (11) of subsection (b) of
the Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 450i) shall apply with respect to the making of grants
under this section.
``(2) Use of task forces.--To facilitate the making of
research and extension grants under this section in the research
and extension areas specified in subsection (e), the Secretary
may appoint a task force for each such area to make
recommendations to the Secretary. The Secretary may not incur
costs in excess of $1,000 for any fiscal year in connection with
each task force established under this paragraph.
``(c) Matching Funds Required.--
``(1) In general.--The Secretary shall require the recipient
of a grant under this section to provide funds or in-kind
support from non-Federal sources in an amount at least equal to
the amount provided by the Federal Government.
``(2) Waiver authority.--The Secretary may waive the
matching funds requirement specified in paragraph (1) with
respect to a research project if the Secretary determines that--
``(A) the results of the project, while of
particular benefit to a specific agricultural commodity,
are likely to be applicable to agricultural commodities
generally; or
``(B) the project involves a minor commodity, the
project deals with scientifically important research,
and the grant recipient is unable to satisfy the
matching funds requirement.
[[Page 112 STAT. 550]]
``(d) Partnerships Encouraged.--Following the completion of a peer
review process for grant proposals received under this section, the
Secretary may provide a priority to those grant proposals, found in the
peer review process to be scientifically meritorious, that involve the
cooperation of multiple entities.
``(e) High-Priority Research and Extension Areas.--
``(1) Brown citrus aphid and citrus tristeza virus research
and extension.--Research and extension grants may be made under
this section for the purpose of--
``(A) developing methods to control or eradicate the
brown citrus aphid and the citrus tristeza virus from
citrus crops grown in the United States; or
``(B) adapting citrus crops grown in the United
States to the brown citrus aphid and the citrus tristeza
virus.
``(2) Ethanol research and extension.--Research and
extension grants may be made under this section for the purpose
of carrying out or enhancing research on ethanol derived from
agricultural crops as an alternative fuel source.
``(3) Aflatoxin research and extension.--Research and
extension grants may be made under this section for the purpose
of identifying and controlling aflatoxin in the food and feed
chains.
``(4) Mesquite research and extension.--Research and
extension grants may be made under this section for the purpose
of developing enhanced production methods and commercial uses of
mesquite.
``(5) Prickly pear research and extension.--Research and
extension grants may be made under this section for the purpose
of investigating enhanced genetic selection and processing
techniques of prickly pears.
``(6) Deer tick ecology research and extension.--Research
and extension grants may be made under this section for the
purpose of studying the population ecology of deer ticks and
other insects and pests that transmit Lyme disease.
``(7) Red meat safety research and extension.--Research and
extension grants may be made under this section for the purpose
of developing--
``(A) intervention strategies that reduce microbial
contamination on carcass surfaces;
``(B) microbiological mapping of carcass surfaces;
and
``(C) model hazard analysis and critical control
point plans.
``(8) Grain sorghum ergot research and extension.--Research
and extension grants may be made under this section for the
purpose of developing techniques for the eradication of sorghum
ergot.
``(9) Peanut market enhancement research and extension.--
Research and extension grants may be made under this section for
the purpose of evaluating the economics of applying innovative
technologies for peanut processing in a commercial environment.
``(10) Dairy financial risk management research and
extension.--Research and extension grants may be made under this
section for the purpose of providing research, development, or
education materials, information, and outreach programs
regarding risk management strategies for dairy
[[Page 112 STAT. 551]]
producers and for dairy cooperatives and other processors and
marketers of milk.
``(11) Cotton research and extension.--Research and
extension grants may be made under this section for the purpose
of improving pest management, fiber quality enhancement,
economic assessment, textile production, and optimized
production systems for short staple cotton.
``(12) Methyl bromide research and extension.--Research and
extension grants may be made under this section for the purpose
of--
``(A) developing and evaluating chemical and
nonchemical alternatives, and use and emission reduction
strategies, for pre-planting and post-harvest uses of
methyl bromide; and
``(B) transferring the results of the research for
use by agricultural producers.
``(13) Potato research and extension.--Research and
extension grants may be made under this section for the purpose
of developing and evaluating new strains of potatoes that are
resistant to blight and other diseases, as well as insects.
Emphasis may be placed on developing potato varieties that lend
themselves to innovative marketing approaches.
``(14) Wood use research and extension.--Research and
extension grants may be made under this section for the purpose
of developing new uses for wood from underused tree species as
well as investigating methods of modifying wood and wood fibers
to produce better building materials.
``(15) Low-bush blueberry research and extension.--Research
and extension grants may be made under this section for the
purpose of evaluating methods of propagating and developing low-
bush blueberry as a marketable crop.
``(16) Wetlands use research and extension.--Research and
extension grants may be made under this section for the purpose
of better use of wetlands in diverse ways to provide various
economic, agricultural, and environmental benefits.
``(17) Wild pampas grass control, management, and
eradication research and extension.--Research and extension
grants may be made under this section for the purpose of
control, management, and eradication of wild pampas grass.
``(18) Food safety, including pathogen detection and
limitation, research and extension.--Research and extension
grants may be made under this section for the purpose of
increasing food safety, including the identification of advanced
detection and processing methods to limit the presence of
pathogens (including hepatitis A and E. coli 0157:H7) in
domestic and imported foods.
``(19) Financial risk management research and extension.--
Research and extension grants may be made under this section for
the purpose of providing research, development, or education
materials, information, and outreach programs regarding
financial risk management strategies for agricultural producers
and for cooperatives and other processors and marketers of any
agricultural commodity.
``(20) Ornamental tropical fish research and extension.--
Research and extension grants may be made under this section for
the purpose of meeting the needs of commercial producers of
ornamental tropical fish and aquatic plants for
[[Page 112 STAT. 552]]
improvements in the areas of fish reproduction, health,
nutrition, predator control, water use, water quality control,
and farming technology.
``(21) Sheep scrapie research and extension.--Research and
extension grants may be made under this section for the purpose
of investigating the genetic aspects of scrapie in sheep.
``(22) Gypsy moth research and extension.--Research and
extension grants may be made under this section for the purpose
of developing biological control, management, and eradication
methods against nonnative insects, including Lymantria dispar
(commonly known as the `gypsy moth'), that contribute to
significant agricultural, economic, or environmental harm.
``(23) Forestry research and extension.--Research and
extension grants may be made under this section to develop and
distribute new, high-quality, science-based information for the
purpose of improving the long-term productivity of forest
resources and contributing to forest-based economic development
by addressing such issues as--
``(A) forest land use policies;
``(B) multiple-use forest management, including
wildlife habitat development, improved forest
regeneration systems, and timber supply; and
``(C) improved development, manufacturing, and
marketing of forest products.
``(24) Tomato spotted wilt virus research and extension.--
Research and extension grants may be made under this section for
the purpose of control, management, and eradication of tomato
spotted wilt virus.
``(f) Imported Fire Ant Control, Management, and Eradication.--
``(1) Task force.--The <<NOTE: Establishment.>> Secretary
shall establish a task force pursuant to subsection (b)(2)
regarding the control, management, and eradication of imported
fire ants. The Secretary shall solicit and evaluate grant
proposals under this subsection in consultation with the task
force.
``(2) Initial grants.--
``(A) Request <<NOTE: Publication.>> for
proposals.--The Secretary shall publish a request for
proposals for grants for research or demonstration
projects related to the control, management, and
possible eradication of imported fire ants.
``(B) Selection.--Not later than 1 year after the
date of publication of the request for proposals, the
Secretary shall evaluate the grant proposals submitted
in response to the request and may select meritorious
research or demonstration projects related to the
control, management, and possible eradication of
imported fire ants to receive an initial grant under
this subsection.
``(3) Subsequent grants.--
``(A) Evaluation of initial grants.--If the
Secretary awards grants under paragraph (2)(B), the
Secretary shall evaluate all of the research or
demonstration projects conducted under the grants for
their use as the basis of a national plan for the
control, management, and possible eradication of
imported fire ants by the Federal Government, State and
local governments, and owners and operators of land.
[[Page 112 STAT. 553]]
``(B) Selection.--On the basis of the evaluation
under subparagraph (A), the Secretary may select the
projects that the Secretary considers most promising for
additional research or demonstration related to
preparation of a national plan for the control,
management, and possible eradication of imported fire
ants. <<NOTE: Notification.>> The Secretary shall notify
the task force of the projects selected under this
subparagraph.
``(4) Selection and submission of national plan.--
``(A) Evaluation of subsequent grants.--If the
Secretary awards grants under paragraph (3)(B), the
Secretary shall evaluate all of the research or
demonstration projects conducted under the grants for
use as the basis of a national plan for the control,
management, and possible eradication of imported fire
ants by the Federal Government, State and local
governments, and owners and operators of land.
``(B) Selection.--On the basis of the evaluation
under subparagraph (A), the Secretary shall select 1
project funded under paragraph (3)(B), or a combination
of those projects, for award of a grant for final
preparation of the national plan.
``(C) Submission.--The Secretary shall submit to
Congress the final national plan prepared under
subparagraph (B) for the control, management, and
possible eradication of imported fire ants.
``(g) Formosan Termite Research and Eradication.--
``(1) Research program.--The Secretary may make competitive
research grants under this subsection to regional and
multijurisdictional entities, local government planning
organizations, and local governments for the purpose of
conducting research for the control, management, and possible
eradication of Formosan termites in the United States.
``(2) Eradication program.--The Secretary may enter into
cooperative agreements with regional and multijurisdictional
entities, local government planning organizations, and local
governments for the purposes of--
``(A) conducting projects for the control,
management, and possible eradication of Formosan
termites in the United States; and
``(B) collecting data on the effectiveness of the
projects.
``(3) Funding priority.--In allocating funds made available
to carry out paragraph (2), the Secretary shall provide a higher
priority for regions or locations with the highest historical
rates of infestation of Formosan termites.
``(4) Management coordination.--The program management of
research grants, cooperative agreements, and projects under this
subsection shall be conducted under existing authority in
coordination with the national formosan termite management and
research demonstration program conducted by the Agricultural
Research Service.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002.''.
[[Page 112 STAT. 554]]
SEC. 243. NUTRIENT MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
The Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by inserting after section 1672 (7 U.S.C. 5925) the following:
``SEC. 1672A. NUTRIENT <<NOTE: 7 USC 5925a.>> MANAGEMENT RESEARCH
AND EXTENSION INITIATIVE.
``(a) Competitive Research and Extension Grants Authorized.--The
Secretary of Agriculture (referred to in this section as the
`Secretary') may make competitive grants to support research and
extension activities specified in subsection (e). The Secretary shall
make the grants in consultation with the National Agricultural Research,
Extension, Education, and Economics Advisory Board.
``(b) Administration.--
``(1) In <<NOTE: Applicability.>> general.--Paragraphs (1),
(6), (7), and (11) of subsection (b) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 450i) shall
apply with respect to the making of grants under this section.
``(2) Use of task forces.--To facilitate the making of
research and extension grants under this section in the research
and extension areas specified in subsection (e), the Secretary
may appoint a task force for each such area to make
recommendations to the Secretary. The Secretary may not incur
costs in excess of $1,000 for any fiscal year in connection with
each task force established under this paragraph.
``(c) Matching Funds Required.--
``(1) In general.--The Secretary shall require the recipient
of a grant under this section to provide funds or in-kind
support from non-Federal sources in an amount at least equal to
the amount provided by the Federal Government.
``(2) Waiver authority.--The Secretary may waive the
matching funds requirement specified in paragraph (1) with
respect to a research project if the Secretary determines that--
``(A) the results of the project, while of
particular benefit to a specific agricultural commodity,
are likely to be applicable to agricultural commodities
generally; or
``(B) the project involves a minor commodity, the
project deals with scientifically important research,
and the grant recipient is unable to satisfy the
matching funds requirement.
``(d) Partnerships Encouraged.--Following the completion of a peer
review process for grant proposals received under this section, the
Secretary may provide a priority to those grant proposals, found in the
peer review process to be scientifically meritorious, that involve the
cooperation of multiple entities.
``(e) Nutrient Management Research and Extension Areas.--
``(1) Animal waste and odor management.--Research and
extension grants may be made under this section for the purpose
of--
``(A) identifying, evaluating, and demonstrating
innovative technologies for animal waste management and
related air quality management and odor control;
``(B) investigating the unique microbiology of
specific animal wastes, such as swine waste, to develop
improved methods to effectively manage air and water
quality; and
[[Page 112 STAT. 555]]
``(C) conducting information workshops to
disseminate the results of the research.
``(2) Water quality and aquatic ecosystems.--Research and
extension grants may be made under this section for the purpose
of investigating the impact on aquatic food webs, especially
commercially important aquatic species and their habitats, of
microorganisms of the genus Pfiesteria and other microorganisms
that are a threat to human or animal health.
``(3) Rural and urban interface.--Research and extension
grants may be made under this section for the purpose of
identifying, evaluating, and demonstrating innovative
technologies to be used for animal waste management (including
odor control) in rural areas adjacent to urban or suburban areas
in connection with waste management activities undertaken in
urban or suburban areas.
``(4) Animal feed.--Research and extension grants may be
made under this section for the purpose of maximizing nutrition
management for livestock, while limiting risks, such as mineral
bypass, associated with livestock feeding practices.
``(5) Alternative uses of animal waste.--Research and
extension grants may be made under this section for the purpose
of finding innovative methods and technologies for economic use
or disposal of animal waste.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002.''.
SEC. 244. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
The Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by inserting after section 1672A (as added by section 243) the
following:
``SEC. 1672B. ORGANIC <<NOTE: 7 USC 5925b.>> AGRICULTURE RESEARCH
AND EXTENSION INITIATIVE.
``(a) Competitive Specialized Research and Extension Grants
Authorized.--In consultation with the National Agricultural Research,
Extension, Education, and Economics Advisory Board, the Secretary of
Agriculture (referred to in this section as the `Secretary') may make
competitive grants to support research and extension activities
regarding organically grown and processed agricultural commodities for
the purposes of--
``(1) facilitating the development of organic agriculture
production and processing methods;
``(2) evaluating the potential economic benefits to
producers and processors who use organic methods; and
``(3) exploring international trade opportunities for
organically grown and processed agricultural commodities.
``(b) Grant <<NOTE: Applicability.>> Types and Process, Prohibition
on Construction.--Paragraphs (1), (6), (7), and (11) of subsection (b)
of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
450i) shall apply with respect to the making of grants under this
section.
``(c) Matching Funds Required.--
``(1) In general.--The Secretary shall require the recipient
of a grant under this section to provide funds or in-kind
support from non-Federal sources in an amount at least equal to
the amount provided by the Federal Government.
[[Page 112 STAT. 556]]
``(2) Waiver authority.--The Secretary may waive the
matching funds requirement specified in paragraph (1) with
respect to a research project if the Secretary determines that--
``(A) the results of the project, while of
particular benefit to a specified agricultural
commodity, are likely to be applicable to agricultural
commodities generally; or
``(B) the project involves a minor commodity, the
project deals with scientifically important research,
and the grant recipient is unable to satisfy the
matching funds requirement.
``(d) Partnerships Encouraged.--Following the completion of a peer
review process for grant proposals received under this section, the
Secretary may provide a priority to those grant proposals, found in the
peer review process to be scientifically meritorious, that involve the
cooperation of multiple entities.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002.''.
SEC. 245. AGRICULTURAL TELECOMMUNICATIONS PROGRAM.
Section 1673 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5926) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) A*DEC.--The term `A*DEC' means the distance education
consortium known as A*DEC.''; and
(C) by adding at the end the following:
``(7) Secretary.--Except as provided in subsection (d)(1),
the term `Secretary' means the Secretary of Agriculture, acting
through A*DEC.'';
(2) in subsection (d)(1), by striking ``The Secretary shall
establish a program, to be administered by the Assistant
Secretary for Science and Education,'' and inserting ``The
Secretary of Agriculture shall establish a program, to be
administered through a grant provided to A*DEC under terms and
conditions established by the Secretary of Agriculture,''; and
(3) in the first sentence of subsection (f)(2), by striking
``the Assistant Secretary for Science and Education'' and
inserting ``A*DEC''.
SEC. 246. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH
DISABILITIES.
Section 1680 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5933) is amended--
(1) in subsection (a), by striking paragraph (6);
(2) in subsection (b)--
(A) by striking ``Dissemination.--'' and all that
follows through ``general.--The'' and inserting
``Dissemination.--The''; and
(B) by striking paragraph (2); and
(3) by adding at the end the following:
``(c) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to carry out this section
$6,000,000 for each of fiscal years 1999 through 2002.
[[Page 112 STAT. 557]]
``(2) National grant.--Not more than 15 percent of the
amounts made available under paragraph (1) for a fiscal year
shall be used to carry out subsection (b).''.
Subtitle E--Other Laws
SEC. 251. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) Definition of 1994 Institutions.--Section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C.
301 note) is amended by adding at the end the following:
``(30) Little Priest Tribal College.''.
(b) Accreditation.--Section 533(a) of the Equity in Educational
Land-Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C. 301 note) is
amended by adding at the end the following:
``(3) Accreditation.--To <<NOTE: Certification.>> receive
funding under sections 534 and 535, a 1994 Institution shall
certify to the Secretary that the 1994 Institution--
``(A) is accredited by a nationally recognized
accrediting agency or association determined by the
Secretary, in consultation with the Secretary of
Education, to be a reliable authority regarding the
quality of training offered; or
``(B) is making progress toward the accreditation,
as determined by the nationally recognized accrediting
agency or association.''.
(c) Research Grants.--The Equity in Educational Land-Grant Status
Act of 1994 (Public Law 103-382; 7 U.S.C. 301 note) is amended by adding
at the end the following:
``SEC. 536. RESEARCH GRANTS.
``(a) Research Grants Authorized.--The Secretary of Agriculture may
make grants under this section, on the basis of a competitive
application process (and in accordance with such regulations as the
Secretary may promulgate), to a 1994 Institution to assist the
Institution to conduct agricultural research that addresses high
priority concerns of tribal, national, or multistate significance.
``(b) Requirements.--Grant <<NOTE: Certification.>> applications
submitted under this section shall certify that the research to be
conducted will be performed under a cooperative agreement with at least
1 other land-grant college or university (exclusive of another 1994
Institution).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002. Amounts appropriated shall
remain available until expended.''.
SEC. 252. FUND FOR RURAL AMERICA.
Section 793(b) of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 2204f(b)) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--On October 1, 1998, and each October 1
thereafter through October 1, 2002, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer $60,000,000 to the Account.''.
[[Page 112 STAT. 558]]
SEC. 253. FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH.
(a) Findings.--Section 2 of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1641) is amended by striking
``Sec. 2.'' and subsection (a) and inserting the following:
``SEC. 2. FINDINGS AND PURPOSE.
``(a) Findings.--Congress finds the following:
``(1) Forests and rangeland, and the resources of forests
and rangeland, are of strategic economic and ecological
importance to the United States, and the Federal Government has
an important and substantial role in ensuring the continued
health, productivity, and sustainability of the forests and
rangeland of the United States.
``(2) Over 75 percent of the productive commercial forest
land in the United States is privately owned, with some 60
percent owned by small nonindustrial private owners. These
10,000,000 nonindustrial private owners are critical to
providing both commodity and noncommodity values to the citizens
of the United States.
``(3) The National Forest System manages only 17 percent of
the commercial timberland of the United States, with over half
of the standing softwoods inventory located on that land.
Dramatic changes in Federal agency policy during the early
1990's have significantly curtailed the management of this vast
timber resource, causing abrupt shifts in the supply of timber
from public to private ownership. As a result of these shifts in
supply, some 60 percent of total wood production in the United
States is now coming from private forest land in the southern
United States.
``(4) At the same time that pressures are building for the
removal of even more land from commercial production, the
Federal Government is significantly reducing its commitment to
productivity-related research regarding forests and rangeland,
which is critically needed by the private sector for the
sustained management of remaining available timber and forage
resources for the benefit of all species.
``(5) Uncertainty over the availability of the United States
timber supply, increasing regulatory burdens, and the lack of
Federal Government support for research is causing domestic wood
and paper producers to move outside the United States to find
reliable sources of wood supplies, which in turn results in a
worsening of the United States trade balance, the loss of
employment and infrastructure investments, and an increased risk
of infestations of exotic pests and diseases from imported wood
products.
``(6) Wood and paper producers in the United States are
being challenged not only by shifts in Federal Government
policy, but also by international competition from tropical
countries where growth rates of trees far exceed those in the
United States. Wood production per acre will need to quadruple
from 1996 levels for the United States forestry sector to remain
internationally competitive on an ever decreasing forest land
base.
``(7) Better and more frequent forest inventorying and
analysis is necessary to identify productivity-related forestry
research needs and to provide forest managers with the current
[[Page 112 STAT. 559]]
data necessary to make timely and effective management
decisions.''.
(b) High Priority Forestry and Rangeland Research and Education.--
Section 3 of the Forest and Rangeland Renewable Resources Research Act
of 1978 (16 U.S.C. 1642) is amended by striking subsection (d) and
inserting the following:
``(d) High Priority Forestry and Rangeland Research and Education.--
``(1) In general.--The Secretary may conduct, support, and
cooperate in forestry and rangeland research and education that
is of the highest priority to the United States and to users of
public and private forest land and rangeland in the United
States.
``(2) Priorities.--The research and education priorities
include the following:
``(A) The biology of forest organisms and rangeland
organisms.
``(B) Functional characteristics and cost-effective
management of forest and rangeland ecosystems.
``(C) Interactions between humans and forests and
rangeland.
``(D) Wood and forage as a raw material.
``(E) International trade, competition, and
cooperation.
``(3) Northeastern states research cooperative.--The
Secretary may cooperate with the northeastern States of New
Hampshire, New York, Maine, and Vermont, land-grant colleges and
universities of those States, natural resources and forestry
schools of those States, other Federal agencies, and other
interested persons in those States to coordinate and improve
ecological and economic research relating to agricultural
research, extension, and education, including--
``(A) research on ecosystem health, forest
management, product development, economics, and related
fields;
``(B) research to assist those States and landowners
in those States to achieve sustainable forest
management;
``(C) technology transfer to the wood products
industry of technologies that promote efficient
processing, pollution prevention, and energy
conservation;
``(D) dissemination of existing and new information
to landowners, public and private resource managers,
State forest citizen advisory committees, and the
general public through professional associations,
publications, and other information clearinghouse
activities; and
``(E) analysis of strategies for the protection of
areas of outstanding ecological significance or high
biological diversity, and strategies for the provision
of important recreational opportunities and traditional
uses, including strategies for areas identified through
State land conservation planning processes.''.
(c) Forest Inventory and Analysis.--Section 3 of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642) is
amended by adding at the end the following:
``(e) Forest Inventory and Analysis.--
``(1) Program required.--In compliance with other applicable
provisions of law, the Secretary shall establish a program to
inventory and analyze, in a timely manner, public and private
forests and their resources in the United States.
[[Page 112 STAT. 560]]
``(2) Annual state inventory.--
``(A) In general.--Not later than the end of each
full fiscal year beginning after the date of enactment
of this subsection, the Secretary shall prepare for each
State, in cooperation with the State forester for the
State, an inventory of forests and their resources in
the State.
``(B) Sample plots.--For purposes of preparing the
inventory for a State, the Secretary shall measure
annually 20 percent of all sample plots that are
included in the inventory program for that State.
``(C) Compilation <<NOTE: Public information.>> of
inventory.--On completion of the inventory for a year,
the Secretary shall make available to the public a
compilation of all data collected for that year from
measurements of sample plots as well as any analysis
made of the samples.
``(3) <<NOTE: Publication. Public information.>> 5-year
reports.--Not more often than every 5 full fiscal years after
the date of enactment of this subsection, the Secretary shall
prepare, publish, and make available to the public a report,
prepared in cooperation with State foresters, that--
``(A) contains a description of each State inventory
of forests and their resources, incorporating all sample
plot measurements conducted during the 5 years covered
by the report;
``(B) displays and analyzes on a nationwide basis
the results of the annual reports required by paragraph
(2); and
``(C) contains an analysis of forest health
conditions and trends over the previous 2 decades, with
an emphasis on such conditions and trends during the
period subsequent to the immediately preceding report
under this paragraph.
``(4) National <<NOTE: Publication.>> standards and
definitions.--To ensure uniform and consistent data collection
for all forest land that is publicly or privately owned and for
each State, the Secretary shall develop, in consultation with
State foresters and Federal land management agencies not under
the jurisdiction of the Secretary, and publish national
standards and definitions to be applied in inventorying and
analyzing forests and their resources under this subsection. The
standards shall include a core set of variables to be measured
on all sample plots under paragraph (2) and a standard set of
tables to be included in the reports under paragraph (3).
``(5) Protection for private property rights.--The Secretary
shall obtain authorization from property owners prior to
collecting data from sample plots located on private property
pursuant to paragraphs (2) and (3).
``(6) Strategic plan.--Not later than 180 days after the
date of enactment of this subsection, the Secretary shall
prepare and submit to Congress a strategic plan to implement and
carry out this subsection, including the annual updates required
by paragraph (2) and the reports required by paragraph (3), that
shall describe in detail--
``(A) the financial resources required to implement
and carry out this subsection, including the
identification of any resources required in excess of
the amounts provided for forest inventorying and
analysis in recent appropriations Acts;
[[Page 112 STAT. 561]]
``(B) the personnel necessary to implement and carry
out this subsection, including any personnel in addition
to personnel currently performing inventorying and
analysis functions;
``(C) the organization and procedures necessary to
implement and carry out this subsection, including
proposed coordination with Federal land management
agencies and State foresters;
``(D) the schedules for annual sample plot
measurements in each State inventory required by
paragraph (2) within the first 5-year interval after the
date of enactment of this subsection;
``(E) the core set of variables to be measured in
each sample plot under paragraph (2) and the standard
set of tables to be used in each State and national
report under paragraph (3); and
``(F) the process for employing, in coordination
with the Secretary of Energy and the Administrator of
the National Aeronautics and Space Administration,
remote sensing, global positioning systems, and other
advanced technologies to carry out this subsection, and
the subsequent use of the technologies.''.
(d) Forestry and Rangeland Competitive Research Grants.--Section 5
of the Forest and Rangeland Renewable Resources Research Act of 1978 (16
U.S.C. 1644) is amended--
(1) by striking the section heading and ``Sec. 5.'' and
inserting the following:
``SEC. 5. FORESTRY AND RANGELAND COMPETITIVE RESEARCH GRANTS.
``(a) Competitive Grant Authority.--''; and
(2) by adding at the end the following:
``(b) Emphasis on Certain High Priority Forestry Research.--The
Secretary may use up to 5 percent of the amounts made available for
research under section 3 to make competitive grants regarding forestry
research in the high priority research areas identified under section
3(d).
``(c) Emphasis on Certain High Priority Rangeland Research.--The
Secretary may use up to 5 percent of the amounts made available for
research under section 3 to make competitive grants regarding rangeland
research in the high priority research areas identified under section
3(d).
``(d) Priorities.--In making grants under subsections (b) and (c),
the Secretary shall give priority to research proposals under which--
``(1) the proposed research will be collaborative research
organized through a center of scientific excellence;
``(2) the applicant agrees to provide matching funds (in the
form of direct funding or in-kind support) in an amount equal to
not less than 50 percent of the grant amount; and
``(3) the proposed research will be conducted as part of an
existing private and public partnership or cooperative research
effort and involves several interested research partners.''.
[[Page 112 STAT. 562]]
TITLE III--EXTENSION OR REPEAL OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION AUTHORITIES
SEC. 301. EXTENSIONS.
(a) National Agricultural Research, Extension, and Teaching Policy
Act of 1977.--The National Agricultural Research, Extension, and
Teaching Policy Act of 1977 is amended--
(1) in subsection (l) of section 1417 (7 U.S.C. 3152) (as
redesignated by section 223(1)), by striking ``1997'' and
inserting ``2002'';
(2) in section 1419(d) (7 U.S.C. 3154(d)), by striking
``1997'' and inserting ``2002'';
(3) in section 1419A(d) (7 U.S.C. 3155(d)), by striking
``fiscal years 1996 and 1997'' and inserting ``each of fiscal
years 1996 through 2002'';
(4) in section 1424(d) (7 U.S.C. 3174(d)), by striking
``fiscal years 1996 and 1997'' and inserting ``each of fiscal
years 1996 through 2002'';
(5) in section 1424A(d) (7 U.S.C. 3174a(d)), by striking
``fiscal year 1997'' and inserting ``each of fiscal years 1997
through 2002'';
(6) in section 1425(c)(3) (7 U.S.C. 3175(c)(3)), by striking
``and 1997'' and inserting ``through 2002'';
(7) in the first sentence of section 1433(a) (7 U.S.C.
3195(a)), by striking ``1997'' and inserting ``2002'';
(8) in section 1434(a) (7 U.S.C. 3196(a)), by striking
``1997'' and inserting ``2002'';
(9) in section 1447(b) (7 U.S.C. 3222b(b)), by striking
``and 1997'' and inserting ``through 2002'';
(10) in section 1448 (7 U.S.C. 3222c)--
(A) in subsection (a)(1), by striking ``and 1997''
and inserting ``through 2002''; and
(B) in subsection (f), by striking ``1997'' and
inserting ``2002'';
(11) in section 1455(c) (7 U.S.C. 3241(c)), by striking
``fiscal year 1997'' and inserting ``each of fiscal years 1997
through 2002'';
(12) in section 1463 (7 U.S.C. 3311), by striking ``1997''
each place it appears in subsections (a) and (b) and inserting
``2002'';
(13) in section 1464 (7 U.S.C. 3312), by striking ``1997''
and inserting ``2002'';
(14) in section 1473D(a) (7 U.S.C. 3319d(a)), by striking
``1997'' and inserting ``2002'';
(15) in the first sentence of section 1477 (7 U.S.C. 3324),
by striking ``1997'' and inserting ``2002''; and
(16) in section 1483(a) (7 U.S.C. 3336(a)), by striking
``1997'' and inserting ``2002''.
(b) Food, Agriculture, Conservation, and Trade Act of 1990.--The
Food, Agriculture, Conservation, and Trade Act of 1990 is amended--
(1) in section 1635(b) (7 U.S.C. 5844(b)), by striking
``1997'' and inserting ``2002'';
[[Page 112 STAT. 563]]
(2) in section 1673(h) (7 U.S.C. 5926(h)), by striking
``1997'' and inserting ``2002'';
(3) in section 2381(e) (7 U.S.C. 3125b(e)), by striking
``1997'' and inserting ``2002''.
(c) Critical Agricultural Materials Act.--Section 16(a) of the
Critical Agricultural Materials Act (7 U.S.C. 178n(a)) is amended by
striking ``1997'' and inserting ``2002''.
(d) Research Facilities Act.--Section 6(a) of the Research
Facilities Act (7 U.S.C. 390d(a)) is amended by striking ``fiscal years
1996 and 1997'' and inserting ``each of fiscal years 1996 through
2002''.
(e) National Agricultural Research, Extension, and Teaching Policy
Act Amendments of 1985.--Section 1431 of the National Agricultural
Research, Extension, and Teaching Policy Act Amendments of 1985 (Public
Law 99-198; 99 Stat. 1556) is amended by striking ``1997'' and inserting
``2002''.
(f) Competitive, Special, and Facilities Research Grant Act.--
Subsection (b)(10) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i(b)(10)) is amended by striking ``1997'' and
inserting ``2002''.
(g) Equity in Educational Land-Grant Status Act of 1994.--Sections
533(b) and 535 of the Equity in Educational Land-Grant Status Act of
1994 (Public Law 103-382; 7 U.S.C. 301 note) are amended by striking
``2000'' each place it appears and inserting ``2002''.
(h) Renewable Resources Extension Act of 1978.--Section 6 of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in
the first sentence by striking ``the fiscal year ending September 30,
1988,'' and all that follows through the period at the end and inserting
``each of fiscal years 1987 through 2002.''.
(i) National Aquaculture Act of 1980.--Section 10 of the National
Aquaculture Act of 1980 (16 U.S.C. 2809) is amended by striking ``the
fiscal years 1991, 1992, and 1993'' each place it appears and inserting
``fiscal years 1991 through 2002''.
SEC. 302. REPEALS.
(a) National Agricultural Research, Extension, and Teaching Policy
Act of 1977.--Section 1476 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3323) is repealed.
(b) National Agricultural Research, Extension, and Teaching Policy
Act Amendments of 1981.--Subsection (b) of section 1432 of the National
Agricultural Research, Extension, and Teaching Policy Act Amendments of
1981 (Public Law 97-98; 7 U.S.C. 3222 note) is repealed.
(c) Food, Agriculture, Conservation, and Trade Act of 1990.--
Subtitle G of title XIV and sections 1670 and 1675 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5501 et seq.,
5923, 5928) are repealed.
(d) Federal Agriculture Improvement and Reform Act of 1996.--
Subtitle E of title VIII of the Federal Agriculture Improvement and
Reform Act of 1996 (Public Law 104-127; 110 Stat. 1184) is repealed.
[[Page 112 STAT. 564]]
TITLE IV--NEW AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION
INITIATIVES
SEC. 401. <<NOTE: 7 USC 7621.>> INITIATIVE FOR FUTURE AGRICULTURE AND
FOOD SYSTEMS.
(a) Treasury Account.--There is established in the Treasury of the
United States an account to be known as the Initiative for Future
Agriculture and Food Systems (referred to in this section as the
``Account'') to provide funds for activities authorized under this
section.
(b) Funding.--
(1) In <<NOTE: Effective date. Termination
date.>> general.--On October 1, 1998, and each October 1
thereafter through October 1, 2002, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer $120,000,000 to the Account.
(2) Entitlement.--The Secretary of Agriculture--
(A) shall be entitled to receive the funds
transferred to the Account under paragraph (1);
(B) shall accept the funds; and
(C) shall use the funds to carry out this section.
(c) Purposes.--
(1) Critical emerging issues.--The Secretary shall use the
funds in the Account--
(A) subject to paragraph (2), for research,
extension, and education grants (referred to in this
section as ``grants'') to address critical emerging
agricultural issues related to--
(i) future food production;
(ii) environmental quality and natural
resource management; or
(iii) farm income; and
(B) for activities carried out under the Alternative
Agricultural Research and Commercialization Act of 1990
(7 U.S.C. 5901 et seq.).
(2) Priority mission areas.--In making grants under this
section, the Secretary, in consultation with the Advisory Board,
shall address priority mission areas related to--
(A) agricultural genome;
(B) food safety, food technology, and human
nutrition;
(C) new and alternative uses and production of
agricultural commodities and products;
(D) agricultural biotechnology;
(E) natural resource management, including precision
agriculture; and
(F) farm efficiency and profitability, including the
viability and competitiveness of small- and medium-sized
dairy, livestock, crop, and other commodity operations.
(d) Eligible Grantees.--The Secretary may make a grant under this
section to--
(1) a Federal research agency;
(2) a national laboratory;
(3) a college or university or a research foundation
maintained by a college or university; or
(4) a private research organization with an established and
demonstrated capacity to perform research or technology
transfer.
[[Page 112 STAT. 565]]
(e) Special Considerations.--
(1) Smaller institutions.--The Secretary may award grants
under this section in a manner that ensures that the faculty of
small and mid-sized institutions that have not previously been
successful in obtaining competitive grants under subsection (b)
of the Competitive, Special, and Facilities Research Grant Act
(7 U.S.C. 450i(b)) receive a portion of the grants under this
section.
(2) Priorities.--In making grants under this section, the
Secretary shall provide a higher priority to--
(A) a project that is multistate, multi-
institutional, or multidisciplinary; or
(B) a project that integrates agricultural research,
extension, and education.
(f) Administration.--
(1) In general.--In making grants under this section, the
Secretary shall--
(A) seek and accept proposals for grants;
(B) determine the relevance and merit of proposals
through a system of peer review in accordance with
section 103;
(C) award grants on the basis of merit, quality, and
relevance to advancing the purposes and priority mission
areas established under subsection (c); and
(D) solicit and consider input from persons who
conduct or use agricultural research, extension, or
education in accordance with section 102(b).
(2) Competitive basis.--A grant under this section shall be
awarded on a competitive basis.
(3) Term.--A grant under this section shall have a term that
does not exceed 5 years.
(4) Matching funds.--As a condition of making a grant under
this section, the Secretary shall require the funding of the
grant be matched with equal matching funds from a non-Federal
source if the grant is--
(A) for applied research that is commodity-specific;
and
(B) not of national scope.
(5) Delegation.--The Secretary shall administer this section
through the Cooperative State Research, Education, and Extension
Service of the Department. The Secretary may establish 1 or more
institutes to carry out all or part of the activities authorized
under this section.
(6) Availability of funds.--Funds for grants under this
section shall be available to the Secretary for obligation for a
2-year period.
(7) Administrative costs.--The Secretary may use not more
than 4 percent of the funds made available for grants under this
section for administrative costs incurred by the Secretary in
carrying out this section.
(8) Buildings and facilities.--Funds made available for
grants under this section shall not be used for the construction
of a new building or facility or the acquisition, expansion,
remodeling, or alteration of an existing building or facility
(including site grading and improvement and architect fees).
[[Page 112 STAT. 566]]
SEC. 402. PARTNERSHIPS <<NOTE: 7 USC 7622.>> FOR HIGH-VALUE
AGRICULTURAL PRODUCT QUALITY RESEARCH.
(a) Definition of Eligible Partnership.--In this section, the term
``eligible partnership'' means a partnership consisting of a land-grant
college or university and other entities specified in subsection (c)(1)
that satisfies the eligibility criteria specified in subsection (c).
(b) Establishment of Partnerships by Grant.--The Secretary of
Agriculture may make competitive grants to an eligible partnership to
coordinate and manage research and extension activities to enhance the
quality of high-value agricultural products.
(c) Criteria for an Eligible Partnership.--
(1) Primary institutions in partnership.--The primary
institution involved in an eligible partnership shall be a land-
grant college or university, acting in partnership with other
colleges or universities, nonprofit research and development
entities, and Federal laboratories.
(2) Prioritization of research activities.--An eligible
partnership shall prioritize research and extension activities
in order to--
(A) enhance the competitiveness of United States
agricultural products;
(B) increase exports of such products; and
(C) substitute such products for imported products.
(3) Coordination.--An eligible partnership shall coordinate
among the entities comprising the partnership the activities
supported by the eligible partnership, including the provision
of mechanisms for sharing resources between institutions and
laboratories and the coordination of public and private sector
partners to maximize cost-effectiveness.
(d) Types of Research and Extension Activities.--Research or
extension supported by an eligible partnership may address the full
spectrum of production, processing, packaging, transportation, and
marketing issues related to a high-value agricultural product. Such
issues include--
(1) environmentally responsible--
(A) pest management alternatives and biotechnology;
(B) sustainable farming methods; and
(C) soil conservation and enhanced resource
management;
(2) genetic research to develop improved agricultural-based
products;
(3) refinement of field production practices and technology
to improve quality, yield, and production efficiencies;
(4) processing and package technology to improve product
quality, stability, or flavor intensity;
(5) marketing research regarding consumer perceptions and
preferences;
(6) economic research, including industry characteristics,
growth, and competitive analysis; and
(7) research to facilitate diversified, value-added
enterprises in rural areas.
(e) Elements of Grant Making Process.--
(1) Period of grant.--The Secretary may award a grant under
this section for a period not to exceed 5 years.
(2) Preferences.--In making grants under this section, the
Secretary shall provide a preference to proposals that--
[[Page 112 STAT. 567]]
(A) demonstrate linkages with--
(i) agencies of the Department;
(ii) other related Federal research
laboratories and agencies;
(iii) colleges and universities; and
(iv) private industry; and
(B) guarantee matching funds in excess of the
amounts required by paragraph (3).
(3) Matching funds.--An eligible partnership shall
contribute an amount of non-Federal funds for the operation of
the partnership that is at least equal to the amount of grant
funds received by the partnership under this section.
(f) Limitation on Use of Grant Funds.--Funds provided under this
section may not be used for the planning, repair, rehabilitation,
acquisition, or construction of a building or facility.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002.
SEC. 403. <<NOTE: 7 USC 7623.>> PRECISION AGRICULTURE.
(a) Definitions.--In this section:
(1) Agricultural inputs.--The term ``agricultural inputs''
includes all farm management, agronomic, and field-applied
agricultural production inputs, such as machinery, labor, time,
fuel, irrigation water, commercial nutrients, feed stuffs,
veterinary drugs and vaccines, livestock waste, crop protection
chemicals, agronomic data and information, application and
management services, seed, and other inputs used in agricultural
production.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State agricultural experiment station;
(B) a college or university;
(C) a research institution or organization;
(D) a Federal or State government entity or agency;
(E) a national laboratory;
(F) a private organization or corporation;
(G) an agricultural producer or other land manager;
or
(H) a precision agriculture partnership referred to
in subsection (g).
(3) Precision agriculture.--The term ``precision
agriculture'' means an integrated information- and production-
based farming system that is designed to increase long-term,
site-specific, and whole farm production efficiencies,
productivity, and profitability while minimizing unintended
impacts on wildlife and the environment by--
(A) combining agricultural sciences, agricultural
inputs and practices, agronomic production databases,
and precision agriculture technologies to efficiently
manage agronomic and livestock production systems;
(B) gathering on-farm information pertaining to the
variation and interaction of site-specific spatial and
temporal factors affecting crop and livestock
production;
(C) integrating such information with appropriate
data derived from field scouting, remote sensing, and
other precision agriculture technologies in a timely
manner in order to facilitate on-farm decisionmaking; or
[[Page 112 STAT. 568]]
(D) using such information to prescribe and deliver
site-specific application of agricultural inputs and
management practices in agricultural production systems.
(4) Precision agriculture technologies.--The term
``precision agriculture technologies'' includes--
(A) instrumentation and techniques ranging from
sophisticated sensors and software systems to manual
sampling and data collection tools that measure, record,
and manage spatial and temporal data;
(B) technologies for searching out and assembling
information necessary for sound agricultural production
decisionmaking;
(C) open systems technologies for data networking
and processing that produce valued systems for farm
management decisionmaking; or
(D) machines that deliver information-based
management practices.
(5) Systems research.--The term ``systems research'' means
an integrated, coordinated, and iterative investigative process
that involves--
(A) the multiple interacting components and aspects
of precision agriculture systems, including synthesis of
new knowledge regarding the physical-chemical-biological
processes and complex interactions of the systems with
cropping, livestock production practices, and natural
resource systems;
(B) precision agriculture technologies development
and implementation;
(C) data and information collection and
interpretation;
(D) production-scale planning;
(E) production-scale implementation; and
(F) farm production efficiencies, productivity, and
profitability.
(b) Grants Authorized.--
(1) In general.--The Secretary of Agriculture may make
competitive grants, for periods not to exceed 5 years, to
eligible entities to conduct research, education, or information
dissemination projects for the development and advancement of
precision agriculture.
(2) Private sector financing.--A grant under this section
shall be used to support only a project that the Secretary
determines is unlikely to be financed by the private sector.
(3) Consultation with advisory board.--The Secretary shall
make grants under this section in consultation with the Advisory
Board.
(c) Purposes of Projects.--A research, education, or information
dissemination project supported by a grant under this section shall
address 1 or more of the following purposes:
(1) The study and promotion of components of precision
agriculture technologies using a systems research approach
designed to increase long-term site-specific and whole-farm
production efficiencies, productivity, and profitability.
(2) The improvement in the understanding of agronomic
systems, including, soil, water, land cover (including grazing
land), pest management systems, and meteorological variability.
[[Page 112 STAT. 569]]
(3) The provision of training and educational programs for
State cooperative extension services agents, and other
professionals involved in the production and transfer of
integrated precision agriculture technology.
(4) The development, demonstration, and dissemination of
information regarding precision agriculture technologies and
systems and the potential costs and benefits of precision
agriculture as it relates to--
(A) increased long-term farm production
efficiencies, productivity, and profitability;
(B) the maintenance of the environment;
(C) improvements in international trade; and
(D) an integrated program of education for
agricultural producers and consumers, including family
owned and operated farms.
(5) The promotion of systems research and education projects
focusing on the integration of the multiple aspects of precision
agriculture, including development, production-scale
implementation, and farm production efficiencies, productivity,
and profitability.
(6) The study of whether precision agriculture technologies
are applicable and accessible to small and medium-size farms and
the study of methods of improving the applicability of precision
agriculture technologies to those farms.
(d) Grant Priorities.--In making grants to eligible entities under
this section, the Secretary, in consultation with the Advisory Board,
shall give priority to research, education, or information dissemination
projects designed to accomplish the following:
(1) Evaluate the use of precision agriculture technologies
using a systems research approach to increase long-term site-
specific and whole-farm production efficiencies, productivity,
and profitability.
(2) Integrate research, education, and information
dissemination components in a practical and readily available
manner so that the findings of the project will be made readily
usable by agricultural producers.
(3) Demonstrate the efficient use of agricultural inputs,
rather than the uniform reduction in the use of agricultural
inputs.
(4) Maximize the involvement and cooperation of precision
agriculture producers, certified crop advisers, State
cooperative extension services agents, agricultural input
machinery, product and service providers, nonprofit
organizations, agribusinesses, veterinarians, land-grant
colleges and universities, and Federal agencies in precision
agriculture systems research projects involving on-farm
research, education, and dissemination of precision agriculture
information.
(5) Maximize collaboration with multiple agencies and other
partners, including through leveraging of funds and resources.
(e) Matching Funds.--The amount of a grant under this section to an
eligible entity (other than a Federal agency) may not exceed the amount
that the eligible entity makes available out of non-Federal funds for
precision agriculture research and for the establishment and maintenance
of facilities necessary for conducting precision agriculture research.
(f) Reservation of Funds for Education and Information Dissemination
Projects.--Of the funds made available for grants
[[Page 112 STAT. 570]]
under this section, the Secretary shall reserve a portion of the funds
for grants for projects regarding precision agriculture related to
education or information dissemination.
(g) Precision Agriculture Partnerships.--In carrying out this
section, the Secretary, in consultation with the Advisory Board, shall
encourage the establishment of appropriate multistate and national
partnerships or consortia between--
(1) land-grant colleges and universities, State agricultural
experiment stations, State cooperative extension services, other
colleges and universities with demonstrable expertise regarding
precision agriculture, agencies of the Department, national
laboratories, agribusinesses, agricultural equipment and input
manufacturers and retailers, certified crop advisers, commodity
organizations, veterinarians, other Federal or State government
entities and agencies, or nonagricultural industries and
nonprofit organizations with demonstrable expertise regarding
precision agriculture; and
(2) agricultural producers or other land managers.
(h) Limitation Regarding Facilities.--A grant made under this
section may not be used for the planning, repair, rehabilitation,
acquisition, or construction of a building or facility.
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this section for each of
fiscal years 1999 through 2002, of which, for each fiscal year--
(A) not less than 30 percent shall be available to
make grants for research to be conducted by
multidisciplinary teams; and
(B) not less than 40 percent shall be available to
make grants for research to be conducted by eligible
entities conducting systems research directly applicable
to producers and agricultural production systems.
(2) Availability of funds.--Funds made available under
paragraph (1) shall be available for obligation for a 2-year
period beginning on October 1 of the fiscal year for which the
funds are made available.
SEC. 404. <<NOTE: 7 USC 7624.>> BIOBASED PRODUCTS.
(a) Definition of Biobased Product.--In this section, the term
``biobased product'' means a product suitable for food or nonfood use
that is derived in whole or in part from renewable agricultural and
forestry materials.
(b) Coordination of Biobased Product Activities.--The Secretary of
Agriculture shall--
(1) coordinate the research, technical expertise, economic
information, and market information resources and activities of
the Department to develop, commercialize, and promote the use of
biobased products;
(2) solicit input from private sector persons who produce,
or are interested in producing, biobased products;
(3) provide a centralized contact point for advice and
technical assistance for promising and innovative biobased
products; and
(4) <<NOTE: Reports.>> submit an annual report to Congress
describing the coordinated research, marketing, and
commercialization activities of the Department relating to
biobased products.
[[Page 112 STAT. 571]]
(c) Cooperative Agreements for Biobased Products.--
(1) Agreements authorized.--The Secretary may enter into
cooperative agreements with private entities described in
subsection (d), under which the facilities and technical
expertise of the Agricultural Research Service may be made
available to operate pilot plants and other large-scale
preparation facilities for the purpose of bringing technologies
necessary for the development and commercialization of new
biobased products to the point of practical application.
(2) Description of cooperative activities.--Cooperative
activities may include--
(A) research on potential environmental impacts of a
biobased product;
(B) methods to reduce the cost of manufacturing a
biobased product; and
(C) other appropriate research.
(d) Eligible Partners.--The following entities shall be eligible to
enter into a cooperative agreement under subsection (c):
(1) A party that has entered into a cooperative research and
development agreement with the Secretary under section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a).
(2) A recipient of funding from the Alternative Agricultural
Research and Commercialization Corporation established under
section 1658 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5902).
(3) A recipient of funding from the Biotechnology Research
and Development Corporation.
(4) A recipient of funding from the Secretary under a Small
Business Innovation Research Program established under section 9
of the Small Business Act (15 U.S.C. 638).
(e) Pilot Project.--The Secretary, acting through the Agricultural
Research Service, may establish and carry out a pilot project under
which grants are provided, on a competitive basis, to scientists of the
Agricultural Research Service to--
(1) encourage innovative and collaborative science; and
(2) during each of fiscal years 1999 through 2001, develop
biobased products with promising commercial potential.
(f) Source of Funds.--
(1) In general.--Except as provided in paragraph (2), to
carry out this section, the Secretary may use--
(A) funds appropriated to carry out this section;
and
(B) funds otherwise available for cooperative
research and development agreements under the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701
et seq.).
(2) Exception.--The Secretary may not use funds referred to
in paragraph (1)(B) to carry out subsection (e).
(g) Sale of Developed Products.-- For the purpose of determining the
market potential for new biobased products produced at a pilot plant or
other large-scale preparation facility under a cooperative agreement
under this section, the Secretary shall authorize the private partner or
partners to the agreement to sell the products.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002.
[[Page 112 STAT. 572]]
SEC. 405. THOMAS <<NOTE: 7 USC 7625.>> JEFFERSON INITIATIVE FOR
CROP DIVERSIFICATION.
(a) Initiative Required.--The Secretary of Agriculture shall provide
for a research initiative (to be known as the ``Thomas Jefferson
Initiative for Crop Diversification'') for the purpose of conducting
research and development, in cooperation with other public and private
entities, on the production and marketing of new and nontraditional
crops needed to strengthen and diversify the agricultural production
base of the United States.
(b) Research and Education Efforts.--The initiative shall include
research and education efforts regarding new and nontraditional crops
designed--
(1) to identify and overcome agronomic barriers to
profitable production;
(2) to identify and overcome other production and marketing
barriers; and
(3) to develop processing and utilization technologies for
new and nontraditional crops.
(c) Purposes.--The purposes of the initiative are--
(1) to develop a focused program of research and development
at the regional and national levels to overcome barriers to the
development of--
(A) new crop opportunities for agricultural
producers; and
(B) related value-added enterprises in rural
communities; and
(2) to ensure a broad-based effort encompassing research,
education, market development, and support of entrepreneurial
activity leading to increased agricultural diversification.
(d) Establishment of Initiative.--The Secretary shall coordinate the
initiative through a nonprofit center or institute that will coordinate
research and education programs in cooperation with other public and
private entities. The Secretary shall administer research and education
grants made under this section.
(e) Regional Emphasis.--
(1) Required.--The Secretary shall support development of
multistate regional efforts in crop diversification.
(2) Site-specific crop development efforts.--Of funding made
available to carry out the initiative, not less than 50 percent
shall be used for regional efforts centered at colleges and
universities in order to facilitate site-specific crop
development efforts.
(f) Eligible Grantee.--The Secretary may award funds under this
section to colleges or universities, nonprofit organizations, public
agencies, or individuals.
(g) Administration.--
(1) Grants and contracts.--Grants awarded through the
initiative shall be selected on a competitive basis.
(2) Private businesses.--The recipient of a grant may use a
portion of the grant funds for standard contracts with private
businesses, such as for test processing of a new or
nontraditional crop.
(3) Terms.--The term of a grant awarded through the
initiative may not exceed 5 years.
(4) Matching funds.--The Secretary shall require the
recipient of a grant awarded through the initiative to
contribute
[[Page 112 STAT. 573]]
an amount of funds from non-Federal sources that is at least
equal to the amount provided by the Federal Government.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002.
SEC. 406. INTEGRATED <<NOTE: 7 USC 7626.>> RESEARCH, EDUCATION,
AND EXTENSION COMPETITIVE GRANTS PROGRAM.
(a) Purpose.--It is the purpose of this section to authorize the
Secretary of Agriculture to establish an integrated research, education,
and extension competitive grant program to provide funding for
integrated, multifunctional agricultural research, extension, and
education activities.
(b) Competitive Grants Authorized.--Subject to the availability of
appropriations to carry out this section, the Secretary may award grants
to colleges and universities (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)) on a competitive basis for integrated agricultural
research, education, and extension projects in accordance with this
section.
(c) Criteria for Grants.--Grants under this section shall be awarded
to address priorities in United States agriculture, determined by the
Secretary in consultation with the Advisory Board, that involve
integrated research, extension, and education activities.
(d) Matching of Funds.--
(1) General requirement.--If a grant under this section
provides a particular benefit to a specific agricultural
commodity, the Secretary shall require the recipient of the
grant to provide funds or in-kind support to match the amount of
funds provided by the Secretary in the grant.
(2) Waiver.--The Secretary may waive the matching funds
requirement specified in paragraph (1) with respect to a grant
if the Secretary determines that--
(A) the results of the project, while of particular
benefit to a specific agricultural commodity, are likely
to be applicable to agricultural commodities generally;
or
(B) the project involves a minor commodity, the
project deals with scientifically important research,
and the grant recipient is unable to satisfy the
matching funds requirement.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002.
SEC. 407. COORDINATED <<NOTE: 7 USC 7627.>> PROGRAM OF RESEARCH,
EXTENSION, AND EDUCATION TO IMPROVE
VIABILITY OF SMALL AND MEDIUM SIZE DAIRY,
LIVESTOCK, AND POULTRY OPERATIONS.
(a) Program Authorized.--The Secretary of Agriculture may carry out
a coordinated program of research, extension, and education to improve
the competitiveness, viability, and sustainability of small and medium
size dairy, livestock, and poultry operations (referred to in this
section as ``operations'').
(b) Components.--To the extent the Secretary elects to carry out the
program, the Secretary shall conduct--
(1) research, development, and on-farm extension and
education concerning low-cost production facilities and
practices,
[[Page 112 STAT. 574]]
management systems, and genetics that are appropriate for the
operations;
(2) in the case of dairy and livestock operations, research
and extension on management-intensive grazing systems for dairy
and livestock production to realize the potential for reduced
capital and feed costs through greater use of management skills,
labor availability optimization, and the natural benefits of
grazing pastures;
(3) research and extension on integrated crop and livestock
or poultry systems that increase efficiencies, reduce costs, and
prevent environmental pollution to strengthen the competitive
position of the operations;
(4) economic analyses and market feasibility studies to
identify new and expanded opportunities for producers on the
operations that provide tools and strategies to meet consumer
demand in domestic and international markets, such as
cooperative marketing and value-added strategies for milk, meat,
and poultry production and processing; and
(5) technology assessment that compares the technological
resources of large specialized producers with the technological
needs of producers on the operations to identify and transfer
existing technology across all sizes and scales and to identify
the specific research and education needs of the producers.
(c) Administration.--The Secretary may use the funds, facilities,
and technical expertise of the Agricultural Research Service and the
Cooperative State Research, Education, and Extension Service and other
funds available to the Secretary (other than funds of the Commodity
Credit Corporation) to carry out this section.
SEC. 408. SUPPORT <<NOTE: 7 USC 7628.>> FOR RESEARCH REGARDING
DISEASES OF WHEAT AND BARLEY CAUSED BY
FUSARIUM GRAMINEARUM.
(a) Research Grant Authorized.--The Secretary of Agriculture may
make a grant to a consortium of land-grant colleges and universities to
enhance the ability of the consortium to carry out a multi-State
research project aimed at understanding and combating diseases of wheat
and barley caused by Fusarium graminearum and related fungi (referred to
in this section as ``wheat scab'').
(b) Research Components.--Funds provided under this section shall be
available for the following collaborative, multi-State research
activities:
(1) Identification and understanding of the epidemiology of
wheat scab and the toxicological properties of vomitoxin, a
toxic metabolite commonly occurring in wheat and barley infected
with wheat scab.
(2) Development of crop management strategies to reduce the
risk of wheat scab occurrence.
(3) Development of--
(A) efficient and accurate methods to monitor wheat
and barley for the presence of wheat scab and resulting
vomitoxin contamination;
(B) post-harvest management techniques for wheat and
barley infected with wheat scab; and
(C) milling and food processing techniques to render
contaminated grain safe.
(4) Strengthening and expansion of plant-breeding activities
to enhance the resistance of wheat and barley to wheat
[[Page 112 STAT. 575]]
scab, including the establishment of a regional advanced
breeding material evaluation nursery and a germplasm
introduction and evaluation system.
(5) Development and deployment of alternative fungicide
application systems and formulations to control wheat scab and
consideration of other chemical control strategies to assist
farmers until new more resistant wheat and barley varieties are
available.
(c) Communications Networks.--Funds provided under this section
shall be available for efforts to concentrate, integrate, and
disseminate research, extension, and outreach-orientated information
regarding wheat scab.
(d) Management.--To oversee the use of a grant made under this
section, the Secretary may establish a committee composed of the
directors of the agricultural experiment stations in the States in which
land-grant colleges and universities that are members of the consortium
are located.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,200,000 for each of fiscal
years 1999 through 2002.
TITLE V--AGRICULTURAL PROGRAM ADJUSTMENTS
Subtitle A--Food Stamp Program
SEC. 501. REDUCTIONS IN FUNDING OF EMPLOYMENT AND TRAINING
PROGRAMS.
Section 16(h)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2025(h)(1)(A)) is amended--
(1) in clause (iv)(II), by striking ``$131,000,000'' and
inserting ``$31,000,000''; and
(2) in clause (v)(II), by striking ``$131,000,000'' and
inserting ``$86,000,000''.
SEC. 502. REDUCTIONS IN PAYMENTS FOR ADMINISTRATIVE COSTS.
(a) In General.--Section 16 of the Food Stamp Act of 1977 (7 U.S.C.
2025) is amended--
(1) in the first sentence of subsection (a), by striking
``The Secretary'' and inserting ``Subject to subsection (k), the
Secretary''; and
(2) by adding at the end the following:
``(k) Reductions in Payments for Administrative Costs.--
``(1) Definitions.--In this subsection:
``(A) AFDC program.--The term `AFDC program' means
the program of aid to families with dependent children
established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq. (as in effect, with
respect to a State, during the base period for that
State)).
``(B) Base period.--The term `base period' means the
period used to determine the amount of the State family
assistance grant for a State under section 403 of the
Social Security Act (42 U.S.C. 603).
``(C) Medicaid program.--The term `medicaid program'
means the program of medical assistance under a
[[Page 112 STAT. 576]]
State plan or under a waiver of the plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.).
``(2) Determinations of amounts attributable to benefiting
programs.--Not later than 180 days after the date of enactment
of this subsection, the Secretary of Health and Human Services,
in consultation with the Secretary of Agriculture and the
States, shall, with respect to the base period for each State,
determine--
``(A) the annualized amount the State received under
section 403(a)(3) of the Social Security Act (42 U.S.C.
603(a)(3) (as in effect during the base period)) for
administrative costs common to determining the
eligibility of individuals, families, and households
eligible or applying for the AFDC program and the food
stamp program, the AFDC program and the medicaid
program, and the AFDC program, the food stamp program,
and the medicaid program that were allocated to the AFDC
program; and
``(B) the annualized amount the State would have
received under section 403(a)(3) of the Social Security
Act (42 U.S.C. 603(a)(3) (as so in effect)), section
1903(a)(7) of the Social Security Act (42 U.S.C.
1396b(a)(7) (as so in effect)), and subsection (a) of
this section (as so in effect), for administrative costs
common to determining the eligibility of individuals,
families, and households eligible or applying for the
AFDC program and the food stamp program, the AFDC
program and the medicaid program, and the AFDC program,
the food stamp program, and the medicaid program, if
those costs had been allocated equally among such
programs for which the individual, family, or household
was eligible or applied for.
``(3) Reduction in payment.--
``(A) In <<NOTE: Effective date. Termination
date.>> general.--Notwithstanding any other provision of
this section, effective for each of fiscal years 1999
through 2002, the Secretary shall reduce, for each
fiscal year, the amount paid under subsection (a) to
each State by an amount equal to the amount determined
for the food stamp program under paragraph (2)(B). The
Secretary shall, to the extent practicable, make the
reductions required by this paragraph on a quarterly
basis.
``(B) Application.--If the Secretary of Health and
Human Services does not make the determinations required
by paragraph (2) by September 30, 1999--
``(i) during the fiscal year in which the
determinations are made, the Secretary shall
reduce the amount paid under subsection (a) to
each State by an amount equal to the sum of the
amounts determined for the food stamp program
under paragraph (2)(B) for fiscal year 1999
through the fiscal year during which the
determinations are made; and
``(ii) <<NOTE: Applicability.>> for each
subsequent fiscal year through fiscal year 2002,
subparagraph (A) applies.
``(4) Appeal of determinations.--
``(A) In <<NOTE: Notification.>> general.--Not later
than 5 days after the date on which the Secretary of
Health and Human Services makes any determination
required by paragraph (2) with respect to a State, the
Secretary shall notify the chief executive officer of
the State of the determination.
[[Page 112 STAT. 577]]
``(B) Review by administrative law judge.--
``(i) In <<NOTE: Deadline.>> general.--Not
later than 60 days after the date on which a State
receives notice under subparagraph (A) of a
determination, the State may appeal the
determination, in whole or in part, to an
administrative law judge of the Department of
Health and Human Services by filing an appeal with
the administrative law judge.
``(ii) Documentation.--The administrative law
judge shall consider an appeal filed by a State
under clause (i) on the basis of such
documentation as the State may submit and as the
administrative law judge may require to support
the final decision of the administrative law
judge.
``(iii) Review.--In deciding whether to uphold
a determination, in whole or in part, the
administrative law judge shall conduct a thorough
review of the issues and take into account all
relevant evidence.
``(iv) Deadline.--Not later than 60 days after
the date on which the record is closed, the
administrative law judge shall--
``(I) make a final decision with
respect to an appeal filed under clause
(i); and
``(II) <<NOTE: Notification.>> notify
the chief executive officer of the State
of the decision.
``(C) Review by departmental appeals board.--
``(i) In <<NOTE: Deadline.>> general.--Not
later than 30 days after the date on which a State
receives notice under subparagraph (B) of a final
decision, the State may appeal the decision, in
whole or in part, to the Departmental Appeals
Board established in the Department of Health and
Human Services (referred to in this paragraph as
the `Board') by filing an appeal with the Board.
``(ii) Review.--The Board shall review the
decision on the record.
``(iii) Deadline.--Not later than 60 days
after the date on which the appeal is filed, the
Board shall--
``(I) make a final decision with
respect to an appeal filed under clause
(i); and
``(II) notify the chief executive
officer of the State of the decision.
``(D) Judicial review.--The determinations of the
Secretary of Health and Human Services under paragraph
(2), and a final decision of the administrative law
judge or Board under subparagraphs (B) and (C),
respectively, shall not be subject to judicial review.
``(E) Reduced payments pending appeal.--The pendency
of an appeal under this paragraph shall not affect the
requirement that the Secretary reduce payments in
accordance with paragraph (3).
``(5) Allocation of administrative costs.--
``(A) In general.--No funds or expenditures
described in subparagraph (B) may be used to pay for
costs--
``(i) eligible for reimbursement under
subsection (a) (or costs that would have been
eligible for reimbursement but for this
subsection); and
[[Page 112 STAT. 578]]
``(ii) allocated for reimbursement to the food
stamp program under a plan submitted by a State to
the Secretary of Health and Human Services to
allocate administrative costs for public
assistance programs.
``(B) Funds and expenditures.--Subparagraph (A)
applies to--
``(i) funds made available to carry out part A
of title IV, or title XX, of the Social Security
Act (42 U.S.C. 601 et seq., 1397 et seq.);
``(ii) expenditures made as qualified State
expenditures (as defined in section 409(a)(7)(B)
of that Act (42 U.S.C. 609(a)(7)(B)));
``(iii) any other Federal funds (except funds
provided under subsection (a)); and
``(iv) any other State funds that are--
``(I) expended as a condition of
receiving Federal funds; or
``(II) used to match Federal funds
under a Federal program other than the
food stamp program.''.
(b) Review <<NOTE: Deadline. 7 USC 2025 note.>> of Methodology Used
to Make Certain Determinations.--Not later than 1 year after the date of
enactment, the Comptroller General of the United States shall--
(1) review the adequacy of the methodology used in making
the determinations required under section 16(k)(2)(B) of the
Food Stamp Act of 1977 (as added by subsection (a)(2)); and
(2) <<NOTE: Reports.>> submit a written report on the
results of the review to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
SEC. 503. EXTENSION OF ELIGIBILITY PERIOD FOR REFUGEES AND CERTAIN
OTHER QUALIFIED ALIENS FROM 5 TO 7 YEARS.
Section 402(a)(2)(A) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) is
amended--
(1) by striking clause (ii);
(2) by striking ``asylees.--'' and all that follows through
``paragraph (3)(A)'' and inserting ``asylees.--With respect to
the specified Federal programs described in paragraph (3)''; and
(3) by redesignating subclauses (I) through (V) as clauses
(i) through (v) and indenting appropriately.
SEC. 504. FOOD STAMP ELIGIBILITY FOR CERTAIN DISABLED ALIENS.
Section 402(a)(2)(F) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(F)) is
amended--
(1) by striking ``program defined in paragraph (3)(A)
(relating to the supplemental security income program)'' and
inserting ``specified Federal programs described in paragraph
(3)''; and
(2) in clause (ii)--
(A) by inserting ``(I) in the case of the specified
Federal program described in paragraph (3)(A),'' after
``(ii)'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
[[Page 112 STAT. 579]]
``(II) in the case of the specified Federal
program described in paragraph (3)(B), is
receiving benefits or assistance for blindness or
disability (within the meaning of section 3(r) of
the Food Stamp Act of 1977 (7 U.S.C. 2012(r))).''.
SEC. 505. FOOD STAMP ELIGIBILITY FOR CERTAIN INDIANS.
Section 402(a)(2)(G) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(G)) is
amended--
(1) in the subparagraph heading, by striking ``SSI
exception'' and inserting ``Exception''; and
(2) by striking ``program defined in paragraph (3)(A)
(relating to the supplemental security income program)'' and
inserting ``specified Federal programs described in paragraph
(3)''.
SEC. 506. FOOD STAMP ELIGIBILITY FOR CERTAIN ELDERLY INDIVIDUALS.
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:
``(I) Food stamp exception for certain elderly
individuals.--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 on August 22, 1996--
``(i) was lawfully residing in the United
States; and
``(ii) was 65 years of age or older.''.
SEC. 507. FOOD STAMP ELIGIBILITY FOR CERTAIN CHILDREN.
Section 402(a)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) (as amended
by section 506) is amended by adding at the end the following:
``(J) Food stamp exception for certain children.--
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--
``(i) was lawfully residing in the United
States on August 22, 1996; and
``(ii) is under 18 years of age.''.
SEC. 508. FOOD STAMP ELIGIBILITY FOR CERTAIN HMONG AND HIGHLAND
LAOTIANS.
Section 402(a)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) (as amended
by section 507) is amended by adding at the end the following:
``(K) Food stamp exception for certain hmong and
highland laotians.--With respect to eligibility for
benefits for the specified Federal program described in
paragraph (3)(B), paragraph (1) shall not apply to--
``(i) any individual who--
``(I) is lawfully residing in the
United States; and
``(II) was a member of a Hmong or
Highland Laotian tribe at the time that
the tribe rendered
[[Page 112 STAT. 580]]
assistance to United States personnel by
taking part in a military or rescue
operation during the Vietnam era (as
defined in section 101 of title 38,
United States Code);
``(ii) the spouse, or an unmarried dependent
child, of such an individual; or
``(iii) the unremarried surviving spouse of
such an individual who is deceased.''.
SEC. 509. CONFORMING AMENDMENTS.
Section 403(d) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(d)) is amended--
(1) in the subsection heading, by striking ``SSI'' and all
that follows through ``Indians'' and inserting ``Benefits for
Certain Groups'';
(2) by striking ``not apply to an individual'' and inserting
``not apply to--
``(1) an individual'';
(3) by striking ``(a)(3)(A)'' and inserting ``(a)(3)''; and
(4) by striking the period at the end and inserting ``;
or''; and
(5) by adding at the end the following:
``(2) an individual, spouse, or dependent described in
section 402(a)(2)(K), but only with respect to the specified
Federal program described in section 402(a)(3)(B).''.
SEC. 510. EFFECTIVE DATES.
(a) Reductions.--The <<NOTE: 7 USC 2025 note.>> amendments made by
sections 501 and 502 take effect on the date of enactment of this Act.
(b) Food <<NOTE: 8 USC 1612 note.>> Stamp Eligibility.--The
amendments made by sections 503 through 509 take effect on November 1,
1998.
Subtitle B--Information Technology Funding
SEC. 521. INFORMATION TECHNOLOGY FUNDING.
(a) In General.--Section 4(g) of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714b(g)) is amended in the first sentence by
striking ``$275,000,000'' and inserting ``$193,000,000''.
(b) Effective <<NOTE: 15 USC 714b note.>> Date.--The amendment made
by subsection (a) takes effect on October 1, 1997.
Subtitle C--Crop Insurance
SEC. 531. FUNDING.
Section 516 of the Federal Crop Insurance Act (7 U.S.C. 1516) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Discretionary expenses.--There are authorized to be
appropriated for fiscal year 1999 and each subsequent fiscal
year such sums as are necessary to cover the salaries and
expenses of the Corporation.''; and
(B) in paragraph (2)--
[[Page 112 STAT. 581]]
(i) by inserting after ``are necessary to
cover'' the following: ``for each of the 1999 and
subsequent reinsurance years''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) the administrative and operating expenses of
the Corporation for the sales commissions of agents;
and''; and
(2) by striking subsection (b) and inserting the following:
``(b) Payment of Corporation Expenses From Insurance Fund.--
``(1) Expenses generally.--For each of the 1999 and
subsequent reinsurance years, the Corporation may pay from the
insurance fund established under subsection (c) all expenses of
the Corporation (other than expenses covered by subsection
(a)(1) and expenses covered by paragraph (2)(A)), including--
``(A) premium subsidies and indemnities;
``(B) administrative and operating expenses of the
Corporation necessary to pay the sales commissions of
agents; and
``(C) all administrative and operating expense
reimbursements due under a reinsurance agreement with an
approved insurance provider.
``(2) Research and development expenses.--
``(A) In general.--For each of the 1999 and
subsequent reinsurance years, the Corporation may pay
from the insurance fund established under subsection (c)
research and development expenses of the Corporation,
but not to exceed $3,500,000 for each fiscal year.
``(B) Dairy options pilot program.--Amounts
necessary to carry out the dairy options pilot program
shall not be counted toward the limitation on research
and development expenses specified in subparagraph
(A).''.
SEC. 532. BUDGETARY OFFSETS.
(a) Administrative Fee for Catastrophic Risk Protection.--Section
508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is amended
by striking paragraph (5) and inserting the following:
``(5) Administrative fee.--
``(A) Basic fee.--Each producer shall pay an
administrative fee for catastrophic risk protection in
an amount equal to 10 percent of the premium for the
catastrophic risk protection or $50 per crop per county,
whichever is greater, as determined by the Corporation.
``(B) Additional fee.--In addition to the amount
required under subparagraph (A), the producer shall pay
a $10 fee for each amount determined under subparagraph
(A).
``(C) Time for payment.--The amounts required under
subparagraphs (A) and (B) shall be paid by the producer
on the date that premium for a policy of additional
coverage would be paid by the producer.
``(D) Use of fees.--
``(i) In general.--The amounts paid under this
paragraph shall be deposited in the crop insurance
fund established under section 516(c), to be
available for the programs and activities of the
Corporation.
[[Page 112 STAT. 582]]
``(ii) Limitation.--No funds deposited in the
crop insurance fund under this subparagraph may be
used to compensate an approved insurance provider
or agent for the delivery of services under this
subsection.
``(E) Waiver of fee.--The Corporation shall waive
the amounts required under this paragraph for limited
resource farmers, as defined by the Corporation.''.
(b) Administrative Fee for Additional Coverage.--Section 508(c)(10)
of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(10)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Fee required.--Except as otherwise provided in
this paragraph, if a producer elects to purchase
additional coverage for a crop at a level that is less
than 65 percent of the recorded or appraised average
yield indemnified at 100 percent of the expected market
price, or an equivalent coverage, the producer shall pay
an administrative fee for the additional coverage. The
administrative fee for the producer shall be $50 per
crop per county, but not to exceed $200 per producer per
county, up to a maximum of $600 per producer for all
counties in which a producer has insured crops.
Subparagraphs (D) and (E) of subsection (b)(5) shall
apply with respect to the use of administrative fees
under this subparagraph.''; and
(2) in subparagraph (C), by striking ``$10'' and inserting
``$20''.
(c) Reimbursement for Administrative and Operating Costs.--Section
508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)) is amended
by striking paragraph (4) and inserting the following:
``(4) Rate.--
``(A) In general.--Except as provided in
subparagraph (B), the rate established by the Board to
reimburse approved insurance providers and agents for
the administrative and operating costs of the providers
and agents shall not exceed--
``(i) for the 1998 reinsurance year, 27
percent of the premium used to define loss ratio;
and
``(ii) for each of the 1999 and subsequent
reinsurance years, 24.5 percent of the premium
used to define loss ratio.
``(B) Proportional reductions.--A policy of
additional coverage that received a rate of
reimbursement for administrative and operating costs for
the 1998 reinsurance year that is lower than the rate
specified in subparagraph (A)(i) shall receive a
reduction in the rate of reimbursement that is
proportional to the reduction in the rate of
reimbursement between clauses (i) and (ii) of
subparagraph (A).''.
(d) Loss Adjustment Expenses for Catastrophic Risk Protection.--
Section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)) is
amended by adding at the end the following:
``(11) Loss adjustment.--The rate for reimbursing an
approved insurance provider or agent for expenses incurred by
the approved insurance provider or agent for loss adjustment in
connection with a policy of catastrophic risk protection shall
[[Page 112 STAT. 583]]
not exceed 11 percent of the premium for catastrophic risk
protection that is used to define loss ratio.''.
SEC. 533. PROCEDURES FOR RESPONDING TO CERTAIN INQUIRIES.
Section 506 of the Federal Crop Insurance Act (7 U.S.C. 1506) is
amended by adding at the end the following:
``(s) Procedures for Responding to Certain Inquiries.--
``(1) Procedures required.--The Corporation shall establish
procedures under which the Corporation will provide a final
agency determination in response to an inquiry regarding the
interpretation by the Corporation of this title or any
regulation issued under this title.
``(2) Implementation.--
Not <<NOTE: Deadline. Regulations.>> later than 180 days after
the date of enactment of this subsection, the Corporation shall
issue regulations to implement this subsection. At a minimum,
the regulations shall establish--
``(A) the manner in which inquiries described in
paragraph (1) are required to be submitted to the
Corporation; and
``(B) a reasonable maximum number of days within
which the Corporation will respond to all inquiries.
``(3) Effect of failure to timely respond.--If the
Corporation fails to respond to an inquiry in accordance with
the procedures established pursuant to this subsection, the
person requesting the interpretation of this title or regulation
may assume the interpretation is correct for the applicable
reinsurance year.''.
SEC. 534. TIME PERIOD FOR RESPONDING TO SUBMISSION OF NEW
POLICIES.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h))
is amended by adding at the end the following:
``(10) Time limits for response to submission of new
policies.--
``(A) In general.--The Board shall establish a
reasonable time period within which the Board shall
approve or disapprove a proposal from a person regarding
a new policy submitted in accordance with this
subsection.
``(B) Effect of failure to meet time limits.--Except
as provided in subparagraph (C), if the Board fails to
provide a response to a proposal described in
subparagraph (A) in accordance with subparagraph (A),
the new policy shall be deemed to be approved by the
Board for purposes of this subsection for the initial
reinsurance year designated for the new policy in the
request.
``(C) Exceptions.--Subparagraph (B) shall not apply
to a proposal submitted under this subsection if the
Board and the person submitting the request agree to an
extension of the time period.''.
SEC. 535. CROP INSURANCE STUDY.
(a) In <<NOTE: Deadline. Contracts.>> General.--Not later than 90
days after the date of enactment of this Act, the Secretary of
Agriculture shall enter into a contract, with 1 or more entities outside
the Federal Government with expertise in the establishment and delivery
of crop and revenue insurance to agricultural producers, under which the
contractor shall conduct a study of crop insurance issues specified in
the contract, including--
[[Page 112 STAT. 584]]
(1) improvement of crop insurance service to agricultural
producers;
(2) options for transforming the role of the Federal
Government from a crop insurance provider to solely that of a
crop insurance regulator; and
(3) privatization of crop insurance coverage.
(b) Contractor.--Not <<NOTE: Deadline. Reports.>> later than 180
days after the date the contract is entered into, the contractor shall
complete the study and submit a report on the study, including
appropriate recommendations, to the Secretary.
(c) Report.--Not <<NOTE: Deadline.>> later than 30 days after the
date the Secretary receives the report, the Secretary shall submit the
report, and any comments on the report, to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
SEC. 536. REQUIRED <<NOTE: 7 USC 1506 note.>> TERMS AND CONDITIONS
OF STANDARD REINSURANCE AGREEMENTS.
(a) Definitions.--In this section, the terms ``approved insurance
provider'' and ``Corporation'' have the meanings given the terms in
section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)).
(b) Terms and Conditions.--
(1) Incorporation of amendments.--For each of the 1999 and
subsequent reinsurance years, the Corporation shall ensure that
each Standard Reinsurance Agreement between an approved
insurance provider and the Corporation reflects the amendments
to the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) that
are made by this subtitle to the extent the amendments are
applicable to approved insurance providers.
(2) Retention of existing provisions.--Except to the extent
necessary to implement the amendments made by this subtitle,
each Standard Reinsurance Agreement described in paragraph (1)
shall contain the following provisions of the Standard
Reinsurance Agreement for the 1998 reinsurance year:
(A) Section II, concerning the terms of reinsurance
and underwriting gain and loss for an approved insurance
provider.
(B) Section III, concerning the terms for subsidies
and administrative fees for an approved insurance
provider.
(C) Section IV, concerning the terms for loss
adjustment for an approved insurance provider under
catastrophic risk protection.
(D) Section V.C., concerning interest payments
between the Corporation and an approved insurance
provider.
(E) Section V.I.5., concerning liquidated damages.
(c) Implementation.--To implement this subtitle and the amendments
made by this subtitle, the Corporation is not required to amend
provisions of the Standard Reinsurance Agreement not specifically
affected by this subtitle or an amendment made by this subtitle.
SEC. 537. <<NOTE: 7 USC 1506 note.>> EFFECTIVE DATE.
Except as provided in section 535, this subtitle and the amendments
made by this subtitle take effect on July 1, 1998.
[[Page 112 STAT. 585]]
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Existing Authorities
SEC. 601. RETENTION AND USE OF FEES.
(a) Organic Certification.--Section 2107 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6506) is amended by adding at the end
the following:
``(d) Availability of Fees.--
``(1) Account.--Fees collected under subsection (a)(10)
(including late payment penalties and interest earned from
investment of the fees) shall be credited to the account that
incurs the cost of the services provided under this title.
``(2) Use.--The collected fees shall be available to the
Secretary, without further appropriation or fiscal-year
limitation, to pay the expenses of the Secretary incurred in
providing accreditation services under this title.''.
(b) National Arboretum.--Section 6(b) of the Act of March 4, 1927
(20 U.S.C. 196(b)), is amended by striking ``Treasury'' and inserting
``Treasury. Amounts in the special fund shall be available to the
Secretary of Agriculture, without further appropriation,''.
(c) Patent <<NOTE: 7 USC 7641.>> Culture Collection Fees.--
(1) Retention.--All funds collected by the Agricultural
Research Service of the Department of Agriculture in connection
with the acceptance of microorganisms for deposit in, or the
distribution of microorganisms from, the Patent Culture
Collection maintained and operated by the Agricultural Research
Service shall be credited to the appropriation supporting the
maintenance and operation of the Patent Culture Collection.
(2) Use.--The collected funds shall be available to the
Agricultural Research Service, without further appropriation or
fiscal-year limitation, to carry out its responsibilities under
law (including international treaties) with respect to the
Patent Culture Collection.
SEC. 602. OFFICE OF ENERGY POLICY AND NEW USES.
The Department of Agriculture Reorganization Act of 1994 is amended
by inserting after section 219 (7 U.S.C. 6919) the following:
``SEC. 220. <<NOTE: Establishment. 7 USC 6920.>> OFFICE OF ENERGY POLICY
AND NEW USES.
``The Secretary shall establish for the Department, in the Office of
the Secretary, an Office of Energy Policy and New Uses.''.
SEC. 603. KIWIFRUIT RESEARCH, PROMOTION, AND CONSUMER INFORMATION
PROGRAM.
(a) Amendments to Orders.--Section 554(c) of the National Kiwifruit
Research, Promotion, and Consumer Information Act (7 U.S.C. 7463(c)) is
amended in the second sentence by inserting before the period at the end
the following: ``, except that an amendment to an order shall not
require a referendum to become effective''.
(b) National Kiwifruit Board.--Section 555 of the National Kiwifruit
Research, Promotion, and Consumer Information Act (7 U.S.C. 7464) is
amended--
[[Page 112 STAT. 586]]
(1) in subsection (a), by striking paragraphs (1) through
(3) and inserting the following:
``(1) 10 members who are producers, exporters, or importers
(or their representatives), based on a proportional
representation of the level of domestic production and imports
of kiwifruit (as determined by the Secretary).
``(2) 1 member appointed from the general public.'';
(2) in subsection (b)--
(A) by striking ``Membership.--'' and all that
follows through ``paragraph (2), the'' and inserting
``Membership.--Subject to the 11-member limit, the'';
and
(B) by striking paragraph (2); and
(3) in subsection (c)--
(A) in paragraph (2), by inserting ``who are
producers'' after ``members'';
(B) in paragraph (3)--
(i) by inserting ``who are importers or
exporters'' after ``members''; and
(ii) by striking ``(a)(2)'' and inserting
``(a)(1)''; and
(C) in the second sentence of paragraph (5), by
inserting ``and alternate'' after ``member''.
SEC. 604. <<NOTE: 7 USC 7642.>> FOOD ANIMAL RESIDUE AVOIDANCE DATABASE
PROGRAM.
(a) Continuation of Program.--The Secretary of Agriculture shall
continue operation of the Food Animal Residue Avoidance Database program
(referred to in this section as the ``FARAD program'') through
contracts, grants, or cooperative agreements with appropriate colleges
or universities.
(b) Activities.--In carrying out the FARAD program, the Secretary
shall--
(1) provide livestock producers, extension specialists,
scientists, and veterinarians with information to prevent drug,
pesticide, and environmental contaminant residues in food animal
products;
(2) <<NOTE: Records.>> maintain up-to-date information
concerning--
(A) withdrawal times on FDA-approved food animal
drugs and appropriate withdrawal intervals for drugs
used in food animals in the United States, as
established under section 512(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360b(a));
(B) official tolerances for drugs and pesticides in
tissues, eggs, and milk;
(C) descriptions and sensitivities of rapid
screening tests for detecting residues in tissues, eggs,
and milk; and
(D) data on the distribution and fate of chemicals
in food animals;
(3) <<NOTE: Publication.>> publish periodically a
compilation of food animal drugs approved by the Food and Drug
Administration;
(4) <<NOTE: Public information.>> make information on food
animal drugs available to the public through handbooks and other
literature, computer software, a telephone hotline, and the
Internet;
(5) furnish producer quality-assurance programs with up-to-
date data on approved drugs;
(6) <<NOTE: Records.>> maintain a comprehensive and up-to-
date, residue avoidance database;
[[Page 112 STAT. 587]]
(7) provide professional advice for determining the
withdrawal times necessary for food safety in the use of drugs
in food animals; and
(8) engage in other activities designed to promote food
safety.
(c) Contract, Grants, and Cooperative Agreements.--The Secretary
shall offer to enter into a contract, grant, or cooperative agreement
with 1 or more appropriate colleges and universities to operate the
FARAD program. The term of the contract, grant, or cooperative agreement
shall be 3 years, with options to extend the term of the contract
triennially.
(d) Indirect Costs.--Federal funds provided by the Secretary under a
contract, grant, or cooperative agreement under this section shall be
subject to reduction for indirect costs of the recipient of the funds in
an amount not to exceed 19 percent of the total Federal funds provided
under the contract, grant, or cooperative agreement.
SEC. 605. HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION.
(a) Findings and Purposes.--Section 2 of the Honey Research,
Promotion, and Consumer Information Act (7 U.S.C. 4601) is amended--
(1) by striking the section heading and all that follows
through ``The Congress finds that:'' and inserting the
following:
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress makes the following findings:'';
(2) in subsection (a) (as so designated)--
(A) in paragraphs (6) and (7), by striking ``and
consumer education'' each place it appears and inserting
``consumer education, and industry information''; and
(B) by inserting after paragraph (7) the following:
``(8) The ability to develop and maintain purity standards
for honey and honey products is critical to maintaining the
consumer confidence, safety, and trust that are essential
components of any undertaking to maintain and develop markets
for honey and honey products.
``(9) Research directed at improving the cost effectiveness
and efficiency of beekeeping, as well as developing better means
of dealing with pest and disease problems, is essential to
keeping honey and honey product prices competitive and
facilitating market growth as well as maintaining the financial
well-being of the honey industry.
``(10) Research involving the quality, safety, and image of
honey and honey products and how that quality, safety, and image
may be affected during the extraction, processing, packaging,
marketing, and other stages of the honey and honey product
production and distribution process, is highly important to
building and maintaining markets for honey and honey
products.''; and
(3) by striking subsection (b) and inserting the following:
``(b) Purposes.--The purposes of this Act are--
``(1) to authorize the establishment of an orderly procedure
for the development and financing, through an adequate
assessment, of an effective, continuous, and nationally
coordinated program of promotion, research, consumer education,
and industry information designed to--
[[Page 112 STAT. 588]]
``(A) strengthen the position of the honey industry
in the marketplace;
``(B) maintain, develop, and expand domestic and
foreign markets and uses for honey and honey products;
``(C) maintain and improve the competitiveness and
efficiency of the honey industry; and
``(D) sponsor research to develop better means of
dealing with pest and disease problems;
``(2) to maintain and expand the markets for all honey and
honey products in a manner that--
``(A) is not designed to maintain or expand any
individual producer's, importer's, or handler's share of
the market; and
``(B) does not compete with or replace individual
advertising or promotion efforts designed to promote
individual brand name or trade name honey or honey
products; and
``(3) to authorize and fund programs that result in
government speech promoting government objectives.
``(c) Administration.--Nothing in this Act--
``(1) prohibits the sale of various grades of honey;
``(2) provides for control of honey production;
``(3) limits the right of the individual honey producer to
produce honey; or
``(4) creates a trade barrier to honey or honey products
produced in a foreign country.''.
(b) Definitions.--Section 3 of the Honey Research, Promotion, and
Consumer Information Act (7 U.S.C. 4602) is amended--
(1) by striking paragraph (7) and inserting the following:
``(7) Handle.--
``(A) In general.--The term `handle' means to
process, package, sell, transport, purchase, or in any
other way place or cause to be placed in commerce, honey
or a honey product.
``(B) Inclusion.--The term `handle' includes selling
unprocessed honey that will be consumed or used without
further processing or packaging.
``(C) Exclusions.--The term `handle' does not
include--
``(i) the transportation of unprocessed honey
by a producer to a handler;
``(ii) the transportation by a commercial
carrier of honey, whether processed or
unprocessed, for a handler or producer; or
``(iii) the purchase of honey or a honey
product by a consumer or other end-user of the
honey or honey product.'';
(2) by adding at the end the following:
``(19) Department.--The term `Department' means the
Department of Agriculture.
``(20) Honey production.--The term `honey production' means
all beekeeping operations related to--
``(A) managing honey bee colonies to produce honey;
``(B) harvesting honey from the colonies;
``(C) extracting honey from the honeycombs; and
``(D) preparing honey for sale for further
processing.
[[Page 112 STAT. 589]]
``(21) Industry information.--The term `industry
information' means information or a program that will lead to
the development of new markets, new marketing strategies, or
increased efficiency for the honey industry, or an activity to
enhance the image of honey and honey products and of the honey
industry.
``(22) National honey marketing cooperative.--The term
`national honey marketing cooperative' means a cooperative that
markets its products in at least 2 of the following 4 regions of
the United States, as determined by the Secretary:
``(A) The Atlantic Coast, including the District of
Columbia and the Commonwealth of Puerto Rico.
``(B) The Mideast.
``(C) The Midwest.
``(D) The Pacific, including the States of Alaska
and Hawaii.
``(23) Qualified national organization representing handler
interests.--The term `qualified national organization
representing handler interests' means an organization that the
Secretary certifies as being eligible to recommend nominations
for the Committee handler, handler-importer, alternate handler,
and alternate handler-importer members of the Honey Board under
section 7(b).
``(24) Qualified national organization representing importer
interests.--The term `qualified national organization
representing importer interests' means an organization that the
Secretary certifies as being eligible to recommend nominations
for the Committee importer, handler-importer, alternate
importer, and alternate handler-importer members of the Honey
Board under section 7(b).''; and
(3) by reordering the paragraphs so that they are in
alphabetical order by term defined and redesignating the
paragraphs accordingly.
(c) Honey Research, Promotion, and Consumer Information Order.--
Section 4 of the Honey Research, Promotion, and Consumer Information Act
(7 U.S.C. 4603) is amended by inserting ``and regulations'' after
``orders''.
(d) Notice and Hearing.--Section 5 of the Honey Research, Promotion,
and Consumer Information Act (7 U.S.C. 4604) is amended to read as
follows:
``SEC. 5. NOTICE AND HEARING.
``(a) Notice and Comment.--In issuing an order under this Act, an
amendment to an order, or a regulation to carry out this Act, the
Secretary shall comply with section 553 of title 5, United States Code.
``(b) Formal Agency Action.--Sections 556 and 557 of that title
shall not apply with respect to the issuance of an order, an amendment
to an order, or a regulation under this Act.
``(c) Proposal of an Order.--A proposal for an order may be
submitted to the Secretary by any organization or interested person
affected by this Act.''.
(e) Findings and Issuance of Order.--Section 6 of the Honey
Research, Promotion, and Consumer Information Act (7 U.S.C. 4605) is
amended to read as follows:
[[Page 112 STAT. 590]]
``SEC. 6. FINDINGS AND ISSUANCE OF ORDER.
``After notice and opportunity for comment has been provided in
accordance with section 5(a), the Secretary shall issue an order, an
amendment to an order, or a regulation under this Act, if the Secretary
finds, and specifies in the order, amendment, or regulation, that the
issuance of the order, amendment, or regulation will assist in carrying
out the purposes of this Act.''.
(f) Required Terms of an Order.--
(1) National honey nominations committee.--Section 7(b) of
the Honey Research, Promotion, and Consumer Information Act (7
U.S.C. 4606(b)) is amended--
(A) in paragraph (2), by striking ``except'' and all
that follows through ``three-year terms'' and inserting
``except that the term of appointments to the Committee
may be staggered periodically, as determined by the
Secretary''; and
(B) in paragraph (5)--
(i) in the second sentence, by striking
``after the first annual meeting''; and
(ii) in the third sentence, by striking ``per
centum'' and inserting ``percent''.
(2) Honey board.--Section 7(c) of the Honey Research,
Promotion, and Consumer Information Act (7 U.S.C. 4606(c)) is
amended--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (8) through (11), respectively;
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``seven''
and inserting ``7''; and
(ii) by striking subparagraphs (B) through (E)
and all that follows and inserting the following:
``(B) 2 members who are handlers appointed from
nominations submitted by the Committee from
recommendations made by qualified national organizations
representing handler interests;
``(C) if approved in a referendum conducted under
this Act, 2 members who--
``(i) are handlers of honey;
``(ii) during any 3 of the preceding 5 years,
were also importers of record of at least 40,000
pounds of honey; and
``(iii) are appointed from nominations
submitted by the Committee from recommendations
made by--
``(I) qualified national
organizations representing handler
interests or qualified national
organizations representing importer
interests; or
``(II) if the Secretary determines
that there is not a qualified national
organization representing handler
interests or a qualified national
organization representing importer
interests, individual handlers or
importers that have paid assessments to
the Honey Board on imported honey or
honey products;
``(D) 2 members who are importers appointed from
nominations submitted by the Committee from
recommendations made by--
[[Page 112 STAT. 591]]
``(i) qualified national organizations
representing importer interests; or
``(ii) if the Secretary determines that there
is not a qualified national organization
representing importer interests, individual
importers that have paid assessments to the Honey
Board on imported honey or honey products; and
``(E) 1 member who is an officer, director, or
employee of a national honey marketing cooperative
appointed from nominations submitted by the Committee
from recommendations made by qualified national honey
marketing cooperatives.'';
(C) by inserting after paragraph (2) the following:
``(3) Alternates.--The Committee shall submit nominations
for an alternate for each member of the Honey Board described in
paragraph (2). An alternate shall be appointed in the same
manner as a member and shall serve when the member is absent
from a meeting or is disqualified.
``(4) Reconstitution.--
``(A) Review.--If <<NOTE: Regulations.>> approved in
a referendum conducted under this Act and in accordance
with rules issued by the Secretary, the Honey Board
shall review, at times determined under subparagraph
(E)--
``(i) the geographic distribution of the
quantities of domestically produced honey assessed
under the order; and
``(ii) changes in the annual average
percentage of assessments owed by importers under
the order relative to assessments owed by
producers and handlers of domestic honey,
including--
``(I) whether any changes in
assessments owed on imported quantities
are owed by importers described in
paragraph (5)(B); or
``(II) whether such importers are
handler-importers described in paragraph
(2)(C).
``(B) Recommendations.--If warranted and in
accordance with this subsection, the Honey Board shall
recommend to the Secretary--
``(i) changes in the regional representation
of honey producers established by the Secretary;
``(ii) if necessary to reflect any changes in
the proportion of domestic and imported honey
assessed under the order or the source of
assessments on imported honey or honey products,
the reallocation of--
``(I) handler-importer member
positions under paragraph (2)(C) as
handler member positions under paragraph
(2)(B);
``(II) importer member positions
under paragraph (2)(D) as handler-
importer member positions under
paragraph (2)(C); or
``(III) handler-importer member
positions under paragraph (2)(C) as
importer member positions under
paragraph (2)(D); or
``(iii) if necessary to reflect any changes in
the proportion of domestic and imported honey or
honey products assessed under the order, the
addition of
[[Page 112 STAT. 592]]
members to the Honey Board under subparagraph (A),
(B), (C), or (D) of paragraph (2).
``(C) Scope of review.--The review required under
subparagraph (A) shall be based on data from the 5-year
period preceding the year in which the review is
conducted.
``(D) Basis for recommendations.--
``(i) In general.--Except as provided in
subparagraph (F), recommendations made under
subparagraph (B) shall be based on--
``(I) the 5-year average annual
assessments, excluding the 2 years
containing the highest and lowest
disparity between the proportion of
assessments owed from imported and
domestic honey or honey products,
determined pursuant to the review that
is conducted under subparagraph (A); and
``(II) whether any change in the
average annual assessments is from the
assessments owed by importers described
in paragraph (5)(B) or from the
assessments owed by handler-importers
described in paragraph (2)(C).
``(ii) Proportions.--The Honey Board shall
recommend a reallocation or addition of members
pursuant to clause (ii) or (iii) of subparagraph
(B) only if 1 or more of the following proportions
change by more than 6 percent from the base period
proportion determined in accordance with
subparagraph (F):
``(I) The proportion of assessments
owed by handler-importers described in
paragraph (2)(C) compared with the
proportion of assessments owed by
importers described in paragraph (2)(D).
``(II) The proportion of assessments
owed by importers compared with the
proportion of assessments owed on
domestic honey by producers and
handlers.
``(E) Timing of review.--
``(i) In general.--The Honey Board shall
conduct the reviews required under this paragraph
not more than once during each 5-year period.
``(ii) Initial review.--The Honey Board shall
conduct the initial review required under this
paragraph prior to the initial continuation
referendum conducted under section 13(c) following
the referendum conducted under section 14.
``(F) Base period proportions.--
``(i) In general.--The base period proportions
for determining the magnitude of change under
subparagraph (D) shall be the proportions
determined during the prior review conducted under
this paragraph.
``(ii) Initial review.--In the case of the
initial review required under subparagraph
(E)(ii), the base period proportions shall be the
proportions determined by the Honey Board for
fiscal year 1996.
``(5) Restrictions on nomination and appointment.--
``(A) Producer-packers as producers.--No producer-
packer that, during any 3 of the preceding 5 years,
purchased for resale more honey than the producer-packer
[[Page 112 STAT. 593]]
produced shall be eligible for nomination or appointment
to the Honey Board as a producer described in paragraph
(2)(A) or as an alternate to such a producer.
``(B) Importers.--No importer that, during any 3 of
the preceding 5 years, did not receive at least 75
percent of the gross income generated by the sale of
honey and honey products from the sale of imported honey
and honey products shall be eligible for nomination or
appointment to the Honey Board as an importer described
in paragraph (2)(D) or an alternate to such an importer.
``(6) Certification of organizations.--
``(A) In general.--The eligibility of an
organization to participate in the making of
recommendations to the Committee for nomination to the
Honey Board to represent handlers or importers under
this section shall be certified by the Secretary.
``(B) Eligibility criteria.--Subject to the other
provisions of this paragraph, the Secretary shall
certify an organization that the Secretary determines
meets the eligibility criteria established by the
Secretary under this paragraph.
``(C) Finality.--An eligibility determination of the
Secretary under this paragraph shall be final.
``(D) Basis <<NOTE: Reports.>> for certification.--
Certification of an organization under this paragraph
shall be based on, in addition to other available
information, a factual report submitted by the
organization that contains information considered
relevant by the Secretary, including--
``(i) the geographic territory covered by the
active membership of the organization;
``(ii) the nature and size of the active
membership of the organization, including the
proportion of the total number of active handlers
or importers represented by the organization;
``(iii) evidence of the stability and
permanency of the organization;
``(iv) sources from which the operating funds
of the organization are derived;
``(v) the functions of the organization; and
``(vi) the ability and willingness of the
organization to further the purposes of this Act.
``(E) Primary considerations.--A primary
consideration in determining the eligibility of an
organization under this paragraph shall be whether--
``(i) the membership of the organization
consists primarily of handlers or importers that
derive a substantial quantity of their income from
sales of honey and honey products; and
``(ii) the organization has an interest in the
marketing of honey and honey products.
``(F) Nonmembers.--As a condition of certification
under this paragraph, an organization shall agree--
``(i) <<NOTE: Notification.>> to notify
nonmembers of the organization of Honey Board
nomination opportunities for which the
organization is certified to make recommendations
to the Committee; and
[[Page 112 STAT. 594]]
``(ii) to consider the nomination of
nonmembers when making the nominations of the
organization to the Committee, if nonmembers
indicate an interest in serving on the Honey
Board.
``(7) Minimum percentage of honey producers.--
Notwithstanding any other provision of this subsection, at least
50 percent of the members of the Honey Board shall be honey
producers.''; and
(D) in paragraph (8) (as so redesignated), by
striking ``except'' and all that follows through
``three-year terms'' and inserting ``except that
appointments to the Honey Board may be staggered
periodically, as determined by the Secretary, to
maintain continuity of the Honey Board with respect to
all members and with respect to members representing
particular groups.''.
(3) Assessments.--Section 7(e) of the Honey Research,
Promotion, and Consumer Information Act (7 U.S.C. 4606(e)) is
amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively;
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--The Honey Board shall administer
collection of the assessment provided for in this subsection,
and may accept voluntary contributions from other sources, to
finance the expenses described in subsections (d) and (f).
``(2) Rate.--Except as provided in paragraph (3), the
assessment rate shall be $0.0075 per pound (payable in the
manner described in section 9), with--
``(A) in the case of honey produced in the United
States, $0.0075 per pound payable by honey producers;
and
``(B) in the case of honey or honey products
imported into the United States, $0.0075 per pound
payable by honey importers.
``(3) Alternative rate approved in referendum.--If approved
in a referendum conducted under this Act, the assessment rate
shall be $0.015 per pound (payable in the manner described in
section 9)--
``(A) in the case of honey produced in the United
States--
``(i) $0.0075 per pound payable by--
``(I) honey producers; and
``(II) producer-packers on all honey
produced by the producer-packers; and
``(ii) $0.0075 per pound payable by--
``(I) handlers; and
``(II) producer-packers on all honey
and honey products handled by the
producer-packers, including honey
produced by the producer-packers); and
``(B) in the case of honey and honey products
imported into the United States, $0.015 per pound
payable by honey importers, of which $0.0075 per pound
represents the assessment due from the handler to be
paid by the importer on behalf of the handler.'';
(C) in paragraph (4) (as so redesignated), by
striking subparagraph (B) and inserting the following:
``(B) Small quantities.--
[[Page 112 STAT. 595]]
``(i) In general.--A producer, producer-
packer, handler, or importer that produces,
imports, or handles during a year less than 6,000
pounds of honey or honey products shall be exempt
in that year from payment of an assessment on
honey or honey products that the person
distributes directly through local retail outlets,
as determined by the Secretary, during that year.
``(ii) Inapplicability.--If a person no longer
meets the requirements of clause (i) for an
exemption, the person shall--
``(I) <<NOTE: Reports.>> file a
report with the Honey Board in the form
and manner prescribed by the Honey
Board; and
``(II) pay an assessment on or
before March 15 of the subsequent year
on all honey or honey products produced,
imported, or handled by the person
during the year in which the person no
longer meets the requirements of clause
(i) for an exemption.''; and
(D) in paragraph (5) (as so redesignated)--
(i) by inserting ``handler,'' after
``producer-packer'' each place it appears;
(ii) by striking ``paragraph (2)'' and
inserting ``paragraph (4)''; and
(iii) by inserting ``, handler,'' after
``producer'' the last place it appears.
(4) Use of funds.--Section 7(f) of the Honey Research,
Promotion, and Consumer Information Act (7 U.S.C. 4606(f)) is
amended--
(A) by striking ``(f) Funds collected by the Honey
Board from the assessments'' and inserting the
following:
``(f) Funds.--
``(1) Use.--Funds collected by the Honey Board'';
(B) by striking ``The Secretary shall'' and
inserting the following:
``(3) Reimbursement.--The Secretary shall''; and
(C) by inserting after paragraph (1) (as designated
by subparagraph (A)) the following:
``(2) Research projects.--
``(A) In general.--If approved in a referendum
conducted under this Act, the Honey Board shall reserve
at least 8 percent of all assessments collected during a
year for expenditure on approved research projects
designed to advance the cost effectiveness,
competitiveness, efficiency, pest and disease control,
and other management aspects of beekeeping, honey
production, and honey bees.
``(B) Carryover.--If all funds reserved under
subparagraph (A) are not allocated to approved research
projects in a year, any reserved funds remaining
unallocated shall be carried forward for allocation and
expenditure under subparagraph (A) in subsequent
years.''.
(5) False or unwarranted claims or statements.--Section 7(g)
of the Honey Research, Promotion, and Consumer Information Act
(7 U.S.C. 4606(g)) is amended by striking ``with assessments
collected'' and inserting ``by the Honey Board''.
[[Page 112 STAT. 596]]
(6) Influencing governmental policy or action.--Section 7(h)
of the Honey Research, Promotion, and Consumer Information Act
(7 U.S.C. 4606(h)) is amended by striking ``through assessments
authorized by'' and inserting ``by the Honey Board under''.
(g) Permissive Terms and Provisions.--Section 8 of the Honey
Research, Promotion, and Consumer Information Act (7 U.S.C. 4607) is
amended--
(1) by inserting ``(a) In General.--'' before ``On''; and
(2) by adding at the end the following:
``(8) If approved in a referendum conducted under this Act,
providing authority for the development of programs and related
rules and regulations that will, with the approval of the
Secretary, establish minimum purity standards for honey and
honey products that are designed to maintain a positive and
wholesome marketing image for honey and honey products.
``(b) Inspection and Monitoring System.--
``(1) Inspection.--Any program, rule, or regulation under
subsection (a)(8) may provide for the inspection, by the
Secretary, of honey and honey products being sold for domestic
consumption in, or for export from, the United States.
``(2) Monitoring system.--The Honey Board may develop and
recommend to the Secretary a system for monitoring the purity of
honey and honey products being sold for domestic consumption in,
or for export from, the United States, including a system for
identifying adulterated honey.
``(3) Coordination with other federal agencies.--The
Secretary may coordinate, to the maximum extent practicable,
with the head of any other Federal agency that has authority to
ensure compliance with labeling or other requirements relating
to the purity of honey and honey products concerning an
enforcement action against any person that does not comply with
a rule or regulation issued by any other Federal agency
concerning the labeling or purity requirements of honey and
honey products.
``(4) Authority to issue regulations.--The Secretary may
issue such rules and regulations as are necessary to carry out
this subsection.
``(c) Voluntary Quality Assurance Program.--
``(1) In general.--In addition to or independent of any
program, rule, or regulation under subsection (b), the Honey
Board, with the approval of the Secretary, may establish and
carry out a voluntary quality assurance program concerning
purity standards for honey and honey products.
``(2) Components.--The program may include--
``(A) the establishment of an official Honey Board
seal of approval to be displayed on honey and honey
products of producers, handlers, and importers that
participate in the voluntary program and are found to
meet such standards of purity as are established under
the program;
``(B) actions to encourage producers, handlers, and
importers to participate in the program;
``(C) actions to encourage consumers to purchase
honey and honey products bearing the official seal of
approval; and
``(D) periodic inspections by the Secretary, or
other parties approved by the Secretary, of honey and
honey
[[Page 112 STAT. 597]]
products of producers, handlers, and importers that
participate in the voluntary program.
``(3) Display of seal of approval.--To be eligible to
display the official seal of approval established under
paragraph (2)(A) on a honey or honey product, a producer,
handler, or importer shall participate in the voluntary program
under this subsection.
``(d) Authority of the Secretary.--Notwithstanding any other
provision of this Act, the Secretary shall have the authority to approve
or disapprove the establishment of minimum purity standards, the
inspection and monitoring system under subsection (b), and the voluntary
quality assurance program under subsection (c).''.
(h) Collection of Assessments.--
(1) New assessment.--Section 9 of the Honey Research,
Promotion, and Consumer Information Act (7 U.S.C. 4608) is
amended--
(A) by striking subsection (a) and inserting the
following:
``(a) Handlers.--Except as otherwise provided in this section, a
first handler of honey shall be responsible, at the time of first
purchase--
``(1) for the collection, and payment to the Honey Board, of
the assessment payable by a producer under section 7(e)(2)(A)
or, if approved in a referendum conducted under this Act, under
section 7(e)(3)(A)(i); and
``(2) if approved in a referendum conducted under this Act,
for the payment to the Honey Board of an additional assessment
payable by the handler under section 7(e)(3)(A)(ii).'';
(B) by striking subsection (c) and inserting the
following:
``(c) Importers.--Except as otherwise provided in this section, at
the time of entry of honey and honey products into the United States, an
importer shall remit to the Honey Board through the United States
Customs Service--
``(1) the assessment on the imported honey and honey
products required under section 7(e)(2)(B); or
``(2) if approved in a referendum conducted under this Act,
the assessment on the imported honey and honey products required
under section 7(e)(3)(B), of which the amount payable under
section 7(e)(3)(A)(ii) represents the assessment due from the
handler to be paid by the importer on behalf of the handler.'';
and
(C) by striking subsection (e) and inserting the
following:
``(e) Producer-Packers.--Except as otherwise provided in this
section, a producer-packer shall be responsible for the collection, and
payment to the Honey Board, of--
``(1) the assessment payable by the producer-packer under
section 7(e)(2)(A) or, if approved in a referendum conducted
under this Act, under section 7(e)(3)(A)(i) on honey produced by
the producer-packer;
``(2) at the time of first purchase, the assessment payable
by a producer under section 7(e)(2)(A) or, if approved in a
referendum conducted under this Act, under section 7(e)(3)(A)(i)
on honey purchased by the producer-packer as a first handler;
and
[[Page 112 STAT. 598]]
``(3) if approved in a referendum conducted under this Act,
an additional assessment payable by the producer-packer under
section 7(e)(3)(A)(ii).''.
(2) Inspection; books and records.--Section 9 of the Honey
Research, Promotion, and Consumer Information Act (7 U.S.C.
4608) is amended by striking subsection (f) and inserting the
following:
``(f) Inspection; Books and Records.--
``(1) In general.--To make available to the Secretary and
the Honey Board such information and data as are necessary to
carry out this Act (including an order or regulation issued
under this Act), a handler, importer, producer, or producer-
packer responsible for payment of an assessment under this Act,
and a person receiving an exemption from an assessment under
section 7(e)(4), shall--
``(A) maintain and make available for inspection by
the Secretary and the Honey Board such books and records
as are required by the order and regulations issued
under this Act; and
``(B) <<NOTE: Reports.>> file reports at the times,
in the manner, and having the content prescribed by the
order and regulations, which reports shall include the
total number of bee colonies maintained, the quantity of
honey produced, and the quantity of honey and honey
products handled or imported.
``(2) Employee or agent.--To conduct an inspection or review
a report of a handler, importer, producer, or producer-packer
under paragraph (1), an individual shall be an employee or agent
of the Department or the Honey Board, and shall not be a member
or alternate member of the Honey Board.
``(3) Confidentiality.--An employee or agent described in
paragraph (2) shall be subject to the confidentiality
requirements of subsection (g).''.
(3) Confidentiality of information; disclosure.--Section 9
of the Honey Research, Promotion, and Consumer Information Act
(7 U.S.C. 4608) is amended by striking subsection (g) and
inserting the following:
``(g) Confidentiality of Information; Disclosure.--
``(1) In general.--All information obtained under subsection
(f) shall be kept confidential by all officers, employees, and
agents of the Department or of the Honey Board.
``(2) Disclosure.--Information subject to paragraph (1) may
be disclosed--
``(A) only in a suit or administrative hearing
brought at the request of the Secretary, or to which the
Secretary or any officer of the United States is a
party, that involves the order with respect to which the
information was furnished or acquired; and
``(B) only if the Secretary determines that the
information is relevant to the suit or administrative
hearing.
``(3) Exceptions.--Nothing in this subsection prohibits--
``(A) the issuance of general statements based on
the reports of a number of handlers subject to an order,
if the statements do not identify the information
furnished by any person; or
``(B) the publication, by direction of the
Secretary, of the name of any person that violates any
order issued
[[Page 112 STAT. 599]]
under this Act, together with a statement of the
particular provisions of the order violated by the
person.
``(4) Violation.--Any person that knowingly violates this
subsection, on conviction--
``(A) shall be fined not more than $1,000,
imprisoned not more than 1 year, or both; and
``(B) if the person is an officer or employee of the
Honey Board or the Department, shall be removed from
office.''.
(4) Refunds.--Section 9 of the Honey Research, Promotion,
and Consumer Information Act (7 U.S.C. 4608) is amended by
striking subsection (h).
(5) Administration and remittance.--Section 9 of the Honey
Research, Promotion, and Consumer Information Act (7 U.S.C.
4608) (as amended by paragraph (4)) is amended by inserting
after subsection (g) the following:
``(h) Administration and Remittance.--Administration and remittance
of the assessments under this Act shall be conducted--
``(1) in the manner prescribed in the order and regulations
issued under this Act; and
``(2) if approved in a referendum conducted under this Act,
in a manner that ensures that all honey and honey products are
assessed a total of, but not more than, $0.015 per pound,
including any producer or importer assessment.''.
(6) Liability for assessments.--Section 9(i) of the Honey
Research, Promotion, and Consumer Information Act (7 U.S.C.
4608(i)) is amended--
(A) by striking ``(i) If'' and inserting the
following:
``(i) Liability for Assessments.--
``(1) Producers.--If''; and
(B) by adding at the end the following:
``(2) Importers.--If the United States Customs Service fails
to collect an assessment from an importer or an importer fails
to pay an assessment at the time of entry of honey and honey
products into the United States under this section, the importer
shall be responsible for the remission of the assessment to the
Honey Board.''.
(i) Petition and Review.--Section 10 of the Honey Research,
Promotion, and Consumer Information Act (7 U.S.C. 4609) is amended by
striking subsection (a) and inserting the following:
``(a) Filing of Petition; Hearing.--
``(1) In general.--Subject to paragraph (4), a person
subject to an order may file a written petition with the
Secretary--
``(A) that states that the order, any provision of
the order, or any obligation imposed in connection with
the order is not in accordance with law; and
``(B) that requests--
``(i) a modification of the order, provision,
or obligation; or
``(ii) to be exempted from the order,
provision, or obligation.
``(2) Hearing.--In <<NOTE: Regulations.>> accordance with
regulations issued by the Secretary, the petitioner shall be
given an opportunity for a hearing on the petition.
``(3) Ruling.--After the hearing, the Secretary shall make a
ruling on the petition that shall be final, if in accordance
with law.
[[Page 112 STAT. 600]]
``(4) Statute of limitations.--A petition filed under this
subsection that challenges an order, any provision of the order,
or any obligation imposed in connection with the order, shall be
filed not later than 2 years after the later of--
``(A) the effective date of the order, provision, or
obligation challenged in the petition; or
``(B) the date on which the petitioner became
subject to the order, provision, or obligation
challenged in the petition.''.
(j) Enforcement.--Subsections (a) and (b) of section 11 of the Honey
Research, Promotion, and Consumer Information Act (7 U.S.C. 4610) are
amended by striking ``plan'' each place it appears and inserting
``order''.
(k) Requirements of Referendum.--Section 12 of the Honey Research,
Promotion, and Consumer Information Act (7 U.S.C. 4611) is amended to
read as follows:
``SEC. 12. REQUIREMENTS OF REFERENDUM.
``(a) In General.--For the purpose of ascertaining whether issuance
of an order is approved by producers, importers, and in the case of an
order assessing handlers, handlers, the Secretary shall conduct a
referendum among producers, importers, and, in the case of an order
assessing handlers, handlers, not exempt under section 7(e)(4), that,
during a representative period determined by the Secretary, have been
engaged in the production, importation, or handling of honey or honey
products.
``(b) Effectiveness of Order.--
``(1) In general.--No order issued under this Act shall be
effective unless the Secretary determines that--
``(A) the order is approved by a majority of the
producers, importers, and if covered by the order,
handlers, voting in the referendum; and
``(B) the producers, importers, and handlers
comprising the majority produced, imported, and handled
not less than 50 percent of the quantity of the honey
and honey products produced, imported, and handled
during the representative period by the persons voting
in the referendum.
``(2) Amendments to orders.--The Secretary may amend an
order in accordance with the administrative procedures specified
in sections 5 and 6, except that the Secretary may not amend a
provision of an order that implements a provision of this Act
that specifically provides for approval in a referendum without
the approval provided for in this section.
``(c) Producer-Packers and Importers.--
``(1) In general.--Each producer-packer and each importer
shall have 1 vote as a handler as well as 1 vote as a producer
or importer (unless exempt under section 7(e)(4)) in all
referenda concerning orders assessing handlers to the extent
that the individual producer-packer or importer owes assessments
as a handler.
``(2) Attribution of quantity of honey.--For the purpose of
subsection (b)(1)(B)--
``(A) the quantity of honey or honey products on
which the qualifying producer-packer or importer owes
assessments as a handler shall be attributed to the
person's vote as a handler under paragraph (1); and
[[Page 112 STAT. 601]]
``(B) the quantity of honey or honey products on
which the producer-packer or importer owes an assessment
as a producer or importer shall be attributed to the
person's vote as a producer or importer.
``(d) Confidentiality.--The ballots and other information or reports
that reveal, or tend to reveal, the identity or vote of any producer,
importer, or handler of honey or honey products shall be held strictly
confidential and shall not be disclosed.''.
(l) Termination or Suspension.--Section 13 of the Honey Research,
Promotion, and Consumer Information Act (7 U.S.C. 4612) is amended to
read as follows:
``SEC. 13. TERMINATION OR SUSPENSION.
``(a) Definition of Person.--In this section, the term `person'
means a producer, importer, or handler.
``(b) Authority of Secretary.--If the Secretary finds that an order
issued under this Act, or any provision of the order, obstructs or does
not tend to effectuate the purposes of this Act, the Secretary shall
terminate or suspend the operation of the order or provision.
``(c) Periodic Referenda.--Except as provided in subsection (d)(3)
and section 14(g), on the date that is 5 years after the date on which
the Secretary issues an order authorizing the collection of assessments
on honey or honey products under this Act, and every 5 years thereafter,
the Secretary shall conduct a referendum to determine if the persons
subject to assessment under the order approve continuation of the order
in accordance with section 12.
``(d) Referenda on Request.--
``(1) In general.--On the request of the Honey Board or the
petition of at least 10 percent of the total number of persons
subject to assessment under the order, the Secretary shall
conduct a referendum to determine if the persons subject to
assessment under the order approve continuation of the order in
accordance with section 12.
``(2) Limitation.--Referenda conducted under paragraph (1)
may not be held more than once every 2 years.
``(3) Effect on periodic referenda.--If a referendum is
conducted under this subsection and the Secretary determines
that continuation of the order is approved under section 12, any
referendum otherwise required to be conducted under subsection
(c) shall not be held before the date that is 5 years after the
date of the referendum conducted under this subsection.
``(e) Timing and Requirements for Termination or Suspension.--
``(1) In general.--The Secretary shall terminate or suspend
an order at the end of the marketing year during which a
referendum is conducted under subsection (c) or (d) if the
Secretary determines that continuation of an order is not
approved under section 12.
``(2) Subsequent <<NOTE: Deadline.>> referendum.--If the
Secretary terminates or suspends an order that assesses the
handling of honey and honey products under paragraph (1), the
Secretary shall, not later than 90 days after submission of a
proposed order by an interested party--
[[Page 112 STAT. 602]]
``(A) propose another order to establish a research,
promotion, and consumer information program; and
``(B) conduct a referendum on the order among
persons that would be subject to assessment under the
order.
``(3) Effectiveness <<NOTE: Applicability.>> of order.--
Section 12 shall apply in determining the effectiveness of the
subsequent amended order under paragraph (2).''.
(m) Implementation of Amendments.--The Honey Research, Promotion,
and Consumer Information Act is amended by inserting after section 13 (7
U.S.C. 4612) the following:
``SEC. 14. IMPLEMENTATION <<NOTE: 7 USC 4613.>> OF AMENDMENTS MADE
BY AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION REFORM ACT OF 1998.
``(a) Issuance of Amended Order.--To implement the amendments made
to this Act by section 605 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (other than subsection (m) of that
section), the Secretary shall issue an amended order under section 4
that reflects those amendments.
``(b) Proposal <<NOTE: Deadline. Publication.>> of Amended Order.--
Not later than 90 days after the date of enactment of this section, the
Secretary shall publish a proposed order under section 4 that reflects
the amendments made by section 605 of the Agricultural Research,
Extension, and Education Reform Act of 1998. <<NOTE: Notice.>> The
Secretary shall provide notice and an opportunity for public comment on
the proposed order in accordance with section 5.
``(c) Issuance <<NOTE: Deadline.>> of Amended Order.--Not later than
240 days after publication of the proposed order, the Secretary shall
issue an order under section 6, taking into consideration the comments
received and including in the order such provisions as are necessary to
ensure that the order conforms with the amendments made by section 605
of the Agricultural Research, Extension, and Education Reform Act of
1998.
``(d) Referendum on Amended Order.--
``(1) Requirement.--
``(A) In general.--On issuance of an order under
section 6 reflecting the amendments made by section 605
of the Agricultural Research, Extension, and Education
Reform Act of 1998, the Secretary shall conduct a
referendum under this section for the sole purpose of
determining whether the order as amended shall become
effective.
``(B) Individual provisions.--No individual
provision of the amended order shall be subject to a
separate vote under the referendum.
``(2) Eligible voters.--The Secretary shall conduct the
referendum among persons subject to assessment under the order
that have been producers, producer-packers, importers, or
handlers during the 2-calendar-year period that precedes the
referendum, which period shall be considered to be the
representative period.
``(3) Determination of quantity.--
``(A) In general.--Producer-packers, importers, and
handlers shall be allowed to vote as if--
``(i) the amended order had been in place
during the representative period described in
paragraph (2); and
[[Page 112 STAT. 603]]
``(ii) they had owed the increased assessments
provided by the amended order.
``(B) Votes and attributed quantity for producer-
packers and importers.--The votes and the quantity of
honey and honey products attributed to the votes of
producer-packers and importers shall be determined in
accordance with section 12.
``(C) Attributed quantity for handlers.--The
quantity of honey and honey products attributed to the
vote of a handler shall be the quantity handled in the
representative period described in paragraph (2) for
which the handler would have owed assessments had the
amended order been in effect.
``(4) Effectiveness of order.--The amended order shall
become effective only if the Secretary determines that the
amended order is effective in accordance with section 12.
``(e) Continuation of Existing Order If Amended Order Is Rejected.--
If adoption of the amended order is not approved--
``(1) the order issued under section 4 that is in effect on
the date of enactment of this section shall continue in full
force and effect; and
``(2) the Secretary may amend the order to ensure the
conformity of the order with this Act (as in effect on the day
before the date of enactment of this section).
``(f) Effect of Rejection on Subsequent Orders.--
``(1) In general.--Subject to paragraph (2), if adoption of
the amended order is not approved in the referendum required
under subsection (d), the Secretary may issue an amended order
that implements some or all of the amendments made to this Act
by section 605 of the Agricultural Research, Extension, and
Education Reform Act of 1998, or makes other changes to an
existing order, in accordance with the administrative procedures
specified in sections 5 and 6.
``(2) Approval.--An amendment to an order that implements a
provision that is subject to a referendum shall be approved in
accordance with section 12 before becoming effective.
``(g) Effect on Periodic Referenda.--If the amended order becomes
effective, any referendum otherwise required to be conducted under
section 13(c) shall not be held before the date that is 5 years after
the date of the referendum conducted under this section.''.
SEC. 606. TECHNICAL CORRECTIONS.
(a) Supplemental <<NOTE: Effective date. 7 USC 3319d.>> and
Alternative Crops Research.--Effective as of April 6, 1996, section
819(b)(5) of the Federal Agriculture Improvement and Reform Act of 1996
(Public Law 104-127; 110 Stat. 1167) is amended by striking ``paragraph
(3)'' and inserting ``subsection (c)(3)''.
(b) Joint Council on Food and Agricultural Sciences.--Section
1413(b) of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3128(b)) is amended by striking ``Joint
Council, the Advisory Board,'' and inserting ``Advisory Board''.
(c) Advisory Board.--
[[Page 112 STAT. 604]]
(1) Support for advisory board.--Section 1412 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3127) is amended--
(A) in subsections (a) and (b), by striking ``their
duties'' each place it appears and inserting ``its
duties''; and
(B) in subsection (c), by striking ``their
recommendations'' and inserting ``its recommendations''.
(2) General provisions.--Section 1413(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3128(a)) is amended by striking ``their powers''
and inserting ``its duties''.
(d) Animal Health and Disease Research.--The National Agricultural
Research, Extension, and Teaching Policy Act of 1977 is amended--
(1) in section 1430 (7 U.S.C. 3192)--
(A) in paragraph (3), by adding ``and'' at the end;
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph (4);
(2) in section 1433(b)(3) (7 U.S.C. 3195(b)(3)), by striking
``with the advice, when available, of the Board'';
(3) in section 1434(c) (7 U.S.C. 3196(c))--
(A) in the second sentence, by striking ``and the
Board''; and
(B) in the fourth sentence, by striking ``, the
Advisory Board, and the Board'' and inserting ``and the
Advisory Board''; and
(4) in the first sentence of section 1437 (7 U.S.C. 3199),
by striking ``with the advice, when available, of the Board''.
(e) Rangeland Research.--The second sentence of section 1483(b) of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3336(b)) is amended by striking the last sentence.
(f) Plant and Animal Pest and Disease Control Program.--Section
1629(g) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5832(g)) is amended by striking ``section 1650,''.
(g) Grants <<NOTE: Effective date.>> To Upgrade 1890 Institutions
Extension Facilities.--Effective as of April 6, 1996, section 873 of the
Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-
127; 110 Stat. 1175) <<NOTE: 7 USC 3224.>> is amended by striking
``1981'' and inserting ``1985''.
(h) Competitive and Special Grants.--The Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i) is amended--
(1) in subsection (b)(1), by striking ``Joint Council on
Food and Agricultural Sciences and the National Agricultural
Research and Extension Users Advisory Board'' and inserting
``National Agricultural Research, Extension, Education, and
Economics Advisory Board (as established under section 1408 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3123))''; and
(2) by striking subsection (l).
[[Page 112 STAT. 605]]
Subtitle B--New Authorities
SEC. 611. <<NOTE: 7 USC 7651.>> NUTRIENT COMPOSITION DATA.
(a) In General.--The Secretary of Agriculture shall update, on a
periodic basis, nutrient composition data.
(b) Report.--Not <<NOTE: Deadline.>> 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
that describes--
(1) the method the Secretary will use to update nutrient
composition data, including the quality assurance criteria that
will be used and the method for generating the data; and
(2) the timing for updating the data.
SEC. 612. NATIONAL SWINE RESEARCH CENTER.
Subject to the availability of appropriations to carry out this
section, or through a reprogramming of funds provided for swine research
to carry out this section pursuant to established procedures, during the
period beginning on the date of enactment of this Act and ending
December 31, 1998, the Secretary of Agriculture, acting through the
Agricultural Research Service, may accept as a gift, and administer, the
National Swine Research Center located in Ames, Iowa.
SEC. 613. ROLE <<NOTE: 7 USC 7652.>> OF SECRETARY REGARDING FOOD
AND AGRICULTURAL SCIENCES RESEARCH AND
EXTENSION.
The Secretary of Agriculture shall be the principal official in the
executive branch responsible for coordinating all Federal research and
extension activities related to food and agricultural sciences.
SEC. 614. <<NOTE: 7 USC 7653.>> OFFICE OF PEST MANAGEMENT POLICY.
(a) Purpose.--The purpose of this section is to establish an Office
of Pest Management Policy to provide for the effective coordination of
agricultural policies and activities within the Department of
Agriculture related to pesticides and of the development and use of pest
management tools, while taking into account the effects of regulatory
actions of other government agencies.
(b) Establishment of Office; Principal Responsibilities.--The
Secretary of Agriculture shall establish in the Department an Office of
Pest Management Policy, which shall be responsible for--
(1) the development and coordination of Department policy on
pest management and pesticides;
(2) the coordination of activities and services of the
Department, including research, extension, and education
activities, regarding the development, availability, and use of
economically and environmentally sound pest management tools and
practices;
(3) assisting other agencies of the Department in fulfilling
their responsibilities related to pest management or pesticides
under the Food Quality Protection Act of 1996 (Public Law 104-
170; 110 Stat. 1489), the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.), the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.), and other applicable
laws; and
[[Page 112 STAT. 606]]
(4) performing such other functions as may be required by
law or prescribed by the Secretary.
(c) Interagency Coordination.--In support of its responsibilities
under subsection (b), the Office of Pest Management Policy shall provide
leadership to ensure coordination of interagency activities with the
Environmental Protection Agency, the Food and Drug Administration, and
other Federal and State agencies.
(d) Outreach.--The Office of Pest Management Policy shall consult
with agricultural producers that may be affected by pest management or
pesticide-related activities or actions of the Department or other
agencies as necessary in carrying out the Office's responsibilities
under this section.
(e) Director.--The Office of Pest Management Policy shall be under
the direction of a Director appointed by the Secretary, who shall report
directly to the Secretary or a designee of the Secretary.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 1999 through 2002.
SEC. 615. FOOD <<NOTE: 7 USC 7654.>> SAFETY RESEARCH INFORMATION
OFFICE AND NATIONAL CONFERENCE.
(a) Food Safety Research Information Office.--
(1) Establishment.--The Secretary of Agriculture shall
establish a Food Safety Research Information Office at the
National Agricultural Library.
(2) Purpose.--The Office shall provide to the research
community and the general public information on publicly funded,
and to the maximum extent practicable, privately funded food
safety research initiatives for the purpose of--
(A) preventing unintended duplication of food safety
research; and
(B) assisting the executive and legislative branches
of the Federal Government and private research entities
to assess food safety research needs and priorities.
(3) Cooperation.--The Office shall carry out this subsection
in cooperation with the National Institutes of Health, the Food
and Drug Administration, the Centers for Disease Control and
Prevention, public institutions, and, on a voluntary basis,
private research entities.
(b) National <<NOTE: Deadline.>> Conference; Annual Workshops.--Not
later than 120 days after the date of enactment of this Act, the
Secretary shall sponsor a conference to be known as the ``National
Conference on Food Safety Research'', for the purpose of beginning the
task of prioritization of food safety research. The Secretary shall
sponsor annual workshops in each of the subsequent 4 years after the
conference so that priorities can be updated or adjusted to reflect
changing food safety concerns.
(c) Food Safety Report.--With regard to the study and report to be
prepared by the National Academy of Sciences on the scientific and
organizational needs for an effective food safety system, the study
shall include recommendations to ensure that the food safety inspection
system, within the resources traditionally available to existing food
safety agencies, protects the public health.
SEC. 616. SAFE <<NOTE: 7 USC 7655.>> FOOD HANDLING EDUCATION.
The Secretary of Agriculture shall continue to develop a national
program of safe food handling education for adults and
[[Page 112 STAT. 607]]
young people to reduce the risk of food-borne illness. The national
program shall be suitable for adoption and implementation through State
cooperative extension services and school-based education programs.
SEC. 617. REIMBURSEMENT OF EXPENSES INCURRED UNDER SHEEP
PROMOTION, RESEARCH, AND INFORMATION ACT
OF 1994.
Using funds available to the Agricultural Marketing Service, the
Service may reimburse the American Sheep Industry Association for
expenses incurred by the American Sheep Industry Association between
February 6, 1996, and May 17, 1996, in preparation for the
implementation of a sheep and wool promotion, research, education, and
information order under the Sheep Promotion, Research, and Information
Act of 1994 (7 U.S.C. 7101 et seq.).
SEC. 618. DESIGNATION <<NOTE: 7 USC 7656.>> OF CRISIS MANAGEMENT
TEAM WITHIN DEPARTMENT.
(a) Designation of Crisis Management Team.--The Secretary of
Agriculture shall designate a Crisis Management Team within the
Department of Agriculture, which shall be--
(1) composed of senior departmental personnel with strong
subject matter expertise selected from each relevant agency of
the Department; and
(2) headed by a team leader with management and
communications skills.
(b) Duties of Crisis Management Team.--The Crisis Management Team
shall be responsible for the following:
(1) Developing a Department-wide crisis management plan,
taking into account similar plans developed by other government
agencies and other large organizations, and developing written
procedures for the implementation of the crisis management plan.
(2) Conducting periodic reviews and revisions of the crisis
management plan and procedures developed under paragraph (1).
(3) Ensuring compliance with crisis management procedures by
personnel of the Department and ensuring that appropriate
Department personnel are familiar with the crisis management
plan and procedures and are encouraged to bring information
regarding crises or potential crises to the attention of members
of the Crisis Management Team.
(4) Coordinating the Department's information gathering and
dissemination activities concerning issues managed by the Crisis
Management Team.
(5) Ensuring that Department spokespersons convey accurate,
timely, and scientifically sound information regarding crises or
potential crises that can be easily understood by the general
public.
(6) Cooperating with, and coordinating among, other Federal
agencies, States, local governments, industry, and public
interest groups, Department activities regarding a crisis.
(c) Role in Prioritizing Certain Research.--The Crisis Management
Team shall cooperate with the Advisory Board in the prioritization of
agricultural research conducted or funded by the Department regarding
animal health, natural disasters, food safety, and other agricultural
issues.
(d) Cooperative Agreements.--The Secretary shall seek to enter into
cooperative agreements with other Federal departments
[[Page 112 STAT. 608]]
and agencies that have related programs or activities to help ensure
consistent, accurate, and coordinated dissemination of information
throughout the executive branch in the event of a crisis, such as, in
the case of a threat to human health from food-borne pathogens,
developing a rapid and coordinated response among the Department, the
Centers for Disease Control, and the Food and Drug Administration.
SEC. 619. DESIGNATION OF KIKA DE LA GARZA SUBTROPICAL AGRICULTURAL
RESEARCH CENTER, WESLACO, TEXAS.
(a) Designation.--The Federal facilities located at 2413 East
Highway 83, and 2301 South International Boulevard, in Weslaco, Texas,
and known as the ``Subtropical Agricultural Research Center'', shall be
known and designated as the ``Kika de la Garza Subtropical Agricultural
Research Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal facilities
referred to in subsection (a) shall be deemed to be a reference to the
``Kika de la Garza Subtropical Agricultural Research Center''.
Subtitle C--Studies
SEC. 631. EVALUATION <<NOTE: 7 USC 7671.>> AND ASSESSMENT OF
AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION PROGRAMS.
(a) Evaluation.--The Secretary of Agriculture shall conduct a
performance evaluation to determine whether federally funded
agricultural research, extension, and education programs result in
public goods that have national or multistate significance.
(b) Contract.--The Secretary shall enter into a contract with 1 or
more entities with expertise in research assessment and performance
evaluation to provide input and recommendations to the Secretary with
respect to federally funded agricultural research, extension, and
education programs.
(c) Guidelines for Performance Measurement.--The contractor selected
under subsection (b) shall develop and propose to the Secretary
practical guidelines for measuring performance of federally funded
agricultural research, extension, and education programs. The guidelines
shall be consistent with the Government Performance and Results Act of
1993 (Public Law 103-62) and amendments made by that Act.
SEC. 632. STUDY <<NOTE: 7 USC 7672.>> OF FEDERALLY FUNDED
AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
(a) Study.--Not <<NOTE: Deadline.>> later than January 1, 1999, the
Secretary of Agriculture shall request the National Academy of Sciences
to conduct a study of the role and mission of federally funded
agricultural research, extension, and education.
[[Page 112 STAT. 609]]
(b) Requirements.--The study shall--
(1) evaluate the strength of science conducted by the
Agricultural Research Service and the relevance of the science
to national priorities;
(2) examine how the work of the Agricultural Research
Service relates to the capacity of the agricultural research,
extension, and education system of the United States;
(3) examine the appropriateness of the formulas for the
allocation of funds under the Smith-Lever Act (7 U.S.C. 341 et
seq.) and the Hatch Act of 1887 (7 U.S.C. 361a et seq.) with
respect to current conditions of the agricultural economy and
other factors of the various regions and States of the United
States and develop recommendations to revise the formulas to
more accurately reflect the current conditions; and
(4) examine the system of competitive grants for
agricultural research, extension, and education.
(c) Reports.--The <<NOTE: Deadlines.>> Secretary shall prepare and
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate--
(1) not later than 18 months after the commencement of the
study, a report that describes the results of the study as it
relates to paragraphs (1) and (2) of subsection (b), including
any appropriate recommendations; and
(2) not later than 3 years after the commencement of the
study, a report that describes the results of the study as it
relates to paragraphs (3) and (4) of subsection (b), including
the recommendations developed under paragraph (3) of subsection
(b) and other appropriate recommendations.
Subtitle D--Senses of Congress
SEC. 641. SENSE OF CONGRESS REGARDING AGRICULTURAL RESEARCH
SERVICE EMPHASIS ON FIELD RESEARCH
REGARDING METHYL BROMIDE ALTERNATIVES.
It is the sense of Congress that, of the Agricultural Research
Service funds made available for a fiscal year for research regarding
the development for agricultural use of alternatives to methyl bromide,
the Secretary of Agriculture should use a substantial portion of the
funds for research to be conducted in real field conditions, especially
pre-planting and post-harvest conditions, so as to expedite the
development and commercial use of methyl bromide alternatives.
[[Page 112 STAT. 610]]
SEC. 642. SENSE OF CONGRESS REGARDING IMPORTANCE OF SCHOOL-BASED
AGRICULTURAL EDUCATION.
It is the sense of Congress that the Secretary of Agriculture and
the Secretary of Education should collaborate and cooperate in providing
both instructional and technical support for school-based agricultural
education.
Approved June 23, 1998.
LEGISLATIVE HISTORY--S. 1150 (H.R. 2534):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-376 accompanying H.R. 2534 (Comm. on
Agriculture) and 105-492 (Comm. of Conference).
SENATE REPORTS: No. 105-73 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Oct. 29, considered and passed
Senate.
Vol. 144 (1998):
Feb. 24, considered and passed
House, amended, pursuant to H.
Res. 365.
May 12, Senate agreed to conference
report.
June 4, House agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
June 23, Presidential remarks and statement.
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