2000
[DOCID: f:s1628is.txt]
107th CONGRESS
1st Session
S. 1628
To strengthen the safety net for agricultural producers, to enhance
resource conservation and rural development, to provide for farm
credit, agricultural research, nutrition, and related programs, to
ensure consumers abundant food and fiber, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 2 (legislative day, November 1), 2001
Mr. Harkin introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To strengthen the safety net for agricultural producers, to enhance
resource conservation and rural development, to provide for farm
credit, agricultural research, nutrition, and related programs, to
ensure consumers abundant food and fiber, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agriculture,
Conservation, and Rural Enhancement Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMODITY PROGRAMS
Sec. 101. Definitions.
Subtitle A--Direct and Counter-Cyclical Payments
Sec. 111. Authorization for use of contracts.
Sec. 112. Elements of contracts.
Sec. 113. Payment yields.
Sec. 114. Base acres.
Sec. 115. Direct payments.
Sec. 116. Counter-cyclical payments.
Sec. 117. Producer agreements.
Sec. 118. Planting flexibility.
Sec. 119. Payment limitations.
Subtitle B--Loans and Loan Deficiency Payments
Sec. 131. Availability of marketing loans.
Sec. 132. Loan rates for marketing loans.
Sec. 133. Term of loans.
Sec. 134. Repayment of loans.
Sec. 135. Loan deficiency payments.
Sec. 136. Special marketing loan provisions for upland cotton.
Sec. 137. Special competitive provisions for extra long staple cotton.
Sec. 138. High moisture feed grains.
Sec. 139. Seed cotton.
Sec. 140. Producer election for 2002 crop.
Subtitle C--Other Commodities
Chapter 1--Dairy
Sec. 151. Milk price support program.
Sec. 152. Dairy export incentive and dairy indemnity programs.
Sec. 153. Fluid milk promotion.
Sec. 154. Dairy product mandatory reporting.
Sec. 155. Funding of dairy promotion and research program.
Chapter 2--Sugar
Sec. 161. Sugar program.
Sec. 162. Storage facility loans.
Sec. 163. Flexible marketing allotments for sugar.
Chapter 3--Peanuts
Sec. 171. Peanut program.
Subtitle D--Administration
Sec. 181. Administration.
Sec. 182. Commodity Credit Corporation sales price restrictions.
Sec. 183. Commodity certificates.
Sec. 184. Assignment of payments.
Sec. 185. Suspension of price support authority.
Sec. 186. Conforming amendments.
Sec. 187. Effect of amendments.
Subtitle E--Miscellaneous Commodity Provisions
Sec. 191. Risk management education.
Sec. 192. Administration and operation of noninsured crop assistance
program.
TITLE II--CONSERVATION
Subtitle A--Conservation Security
Sec. 201. Conservation security program.
Sec. 202. Funding.
Sec. 203. Partnerships and cooperation.
Sec. 204. Administrative requirements for conservation programs.
Sec. 205. Reform and consolidation of conservation programs.
Sec. 206. Conservation security program regulations.
Sec. 207. Conforming amendments.
Subtitle B--Program Extensions
Sec. 211. Comprehensive conservation enhancement program.
Sec. 212. Conservation reserve program.
Sec. 213. Wetlands reserve program.
Sec. 214. Environmental quality incentives program.
Sec. 215. Resource conservation and development program.
Sec. 216. Wildlife habitat incentive program.
Sec. 217. Agricultural land protection program.
Sec. 218. Grassland reserve program.
Sec. 219. State technical committees.
TITLE III--TRADE
Subtitle A--Agricultural Trade Development and Assistance Act of 1954
and Related Statutes
Sec. 301. United States policy.
Sec. 302. Provision of agricultural commodities.
Sec. 303. Generation and use of foreign currencies by private voluntary
organizations and cooperatives.
Sec. 304. Levels of assistance.
Sec. 305. Food Aid Consultative Group.
Sec. 306. Maximum level of expenditures.
Sec. 307. Administration.
Sec. 308. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable
prepackaged foods.
Sec. 309. Sale procedure.
Sec. 310. Prepositioning.
Sec. 311. Expiration date.
Sec. 312. Micronutrient fortification pilot program.
Sec. 313. International food for education and child nutrition.
Sec. 314. Farmer-to-farmer program.
Sec. 315. Bill Emerson Humanitarian Trust.
Sec. 316. Food for progress.
Sec. 317. Tropical forest conservation.
Subtitle B--Agricultural Trade Act of 1978
Sec. 321. Export credit guarantee program.
Sec. 322. Market access program.
Sec. 323. Export enhancement program.
Sec. 324. Foreign market development cooperator program.
Subtitle C--Miscellaneous Agricultural Trade Provisions
Sec. 331. Emerging markets.
Sec. 332. Reports on inspection of imported meat, poultry, other foods,
animals, and plants.
Sec. 333. Surplus commodities for developing or friendly countries.
Sec. 334. Agricultural trade with Cuba.
Sec. 335. Office of Trade Barrier Rapid Response.
Sec. 336. Sense of Congress concerning agricultural trade policy
objectives.
TITLE IV--NUTRITION PROGRAMS
Sec. 401. Short title.
Subtitle A--Food Stamp Program
Sec. 411. Encouragement of payment of child support.
Sec. 412. Simplified definition of income.
Sec. 413. Increase in benefits to households with children.
Sec. 414. Simplified determination of housing costs.
Sec. 415. Simplified utility allowance.
Sec. 416. Simplified procedure for determination of earned income.
Sec. 417. Simplified definition of resources.
Sec. 418. Alternative issuance systems in disasters.
Sec. 419. State option to reduce reporting requirements.
Sec. 420. Benefits for adults without dependents.
Sec. 421. Preservation of access to electronic benefits.
Sec. 422. Cost neutrality for electronic benefit transfer systems.
Sec. 423. Alternative procedures for residents of certain group
facilities.
Sec. 424. Availability of food stamp program applications on the
Internet.
Sec. 425. Simplified determinations of continuing eligibility.
Sec. 426. Clearinghouse for successful nutrition education efforts.
Sec. 427. Transitional food stamps for families moving from welfare.
Sec. 428. Reform of quality control system.
Sec. 429. Improvement of calculation of State performance measures.
Sec. 430. High performance bonus payments to States.
Sec. 431. Employment and training program.
Sec. 432. Reauthorization of food stamp program and food distribution
program on Indian reservations.
Sec. 433. Coordination of program information efforts.
Sec. 434. Expanded grant authority.
Sec. 435. Access and outreach pilot projects.
Sec. 436. Consolidated block grants and administrative funds.
Sec. 437. Assistance for community food projects.
Sec. 438. Availability of commodities for the emergency food assistance
program.
Sec. 439. Innovative programs for addressing common community problems.
Sec. 440. Report on use of electronic benefit transfer systems.
Sec. 441. Vitamin and mineral supplements.
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Subtitle B--Miscellaneous Provisions
Sec. 451. Reauthorization of commodity programs.
Sec. 452. Restoration of benefits to legal immigrants.
Sec. 453. Fruit and vegetable pilot program.
Sec. 454. Congressional Hunger Fellows Program.
Sec. 455. Effective date.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 501. Direct loans.
Sec. 502. Financing of bridge loans.
Sec. 503. Limitations on amount of farm ownership loans.
Sec. 504. Joint financing arrangements.
Sec. 505. Guarantee percentage for beginning farmers and ranchers.
Sec. 506. Guarantee of loans made under State beginning farmer or
rancher programs.
Sec. 507. Down payment loan program.
Sec. 508. Beginning farmer and rancher contract land sales program.
Subtitle B--Operating Loans
Sec. 511. Direct loans.
Sec. 512. Amount of guarantee of loans for tribal farm operations;
waiver of limitations for tribal farm
operations and other farm operations.
Subtitle C--Administrative Provisions
Sec. 521. Eligibility of limited liability companies for farm ownership
loans, farm operating loans, and emergency
loans.
Sec. 522. Debt settlement.
Sec. 523. Temporary authority to enter into contracts; private
collection agencies.
Sec. 524. Interest rate options for loans in servicing.
Sec. 525. Annual review of borrowers.
Sec. 526. Simplified loan applications.
Sec. 527. Inventory property.
Sec. 528. Definitions.
Sec. 529. Loan authorization levels.
Sec. 530. Interest rate reduction program.
Sec. 531. Options for satisfaction of obligation to pay recapture
amount for shared appreciation agreements.
Sec. 532. Waiver of borrower training certification requirement.
Sec. 533. Annual review of borrowers.
Subtitle D--Farm Credit
Sec. 541. Repeal of burdensome approval requirements.
Sec. 542. Banks for cooperatives.
Sec. 543. Insurance Corporation premiums.
Sec. 544. Board of Directors of the Federal Agricultural Mortgage
Corporation.
Subtitle E--General Provisions
Sec. 551. Inapplicability of finality rule.
Sec. 552. Technical amendments.
Sec. 553. Effect of amendments.
Sec. 554. Effective date.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Empowerment of Rural America
Sec. 601. National Rural Cooperative and Business Equity Fund.
Sec. 602. Rural business investment program.
Sec. 603. Full funding of pending rural development loan and grant
applications.
Sec. 604. Rural Endowment Program.
Sec. 605. Enhancement of access to broadband service in rural areas.
Sec. 606. Value-added agricultural product market development grants.
Subtitle B--National Rural Development Partnership
Sec. 611. Short title.
Sec. 612. National Rural Development Partnership.
Subtitle C--Consolidated Farm and Rural Development Act
Sec. 621. Water or waste disposal grants.
Sec. 622. Rural business opportunity grants.
Sec. 623. Rural water and wastewater circuit rider program.
Sec. 624. Multijurisdictional regional planning organizations.
Sec. 625. Certified nonprofit organizations sharing expertise.
Sec. 626. Loan guarantees for certain rural development loans.
Sec. 627. Rural firefighters and emergency personnel grant program.
Sec. 628. Emergency community water assistance grant program.
Sec. 629. Water and waste facility grants for Native American tribes.
Sec. 630. Water systems for rural and native villages in Alaska.
Sec. 631. Business and industry direct and guaranteed loans.
Sec. 632. Rural cooperative development grants.
Sec. 633. Value-added intermediary relending program.
Sec. 634. Use of rural development loans and grants for other purposes.
Sec. 635. Simplified application forms for loan guarantees.
Sec. 636. Rural entrepreneurs and microenterprise assistance program.
Sec. 637. Rural seniors.
Sec. 638. Rural telework.
Sec. 639. Historic barn preservation.
Sec. 640. Delta Regional Authority.
Sec. 641. SEARCH grants for small communities.
Sec. 642. Northern Great Plains Regional Authority.
Subtitle D--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 651. Alternative Agricultural Research and Commercialization
Corporation.
Sec. 652. Telemedicine and distance learning services in rural areas.
Subtitle E--Rural Electrification Act of 1936
Sec. 661. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 662. Expansion of 911 access.
Subtitle F--Effective Date
Sec. 671. Effective date.
TITLE VII--AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION AND RELATED
MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 701. Definitions.
Sec. 702. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 703. Grants and fellowships for food and agricultural sciences
education.
Sec. 704. Grants for research on the production and marketing of
alcohols and industrial hydrocarbons from
agricultural commodities and forest
products.
Sec. 705. Policy research centers.
Sec. 706. Human nutrition intervention and health promotion research
program.
Sec. 707. Pilot research program to combine medical and agricultural
research.
Sec. 708. Nutrition education program.
Sec. 709. Animal health and disease research programs.
Sec. 710. Research on national or regional problems.
Sec. 711. Education grants programs for Hispanic-serving institutions.
Sec. 712. Competitive grants for international agricultural science and
education programs.
Sec. 713. Indirect costs.
Sec. 714. Research equipment grants.
Sec. 715. Agricultural research programs.
Sec. 716. Extension education.
Sec. 717. Special authorization for biosecurity planning and response.
Sec. 718. Availability of competitive grant funds.
Sec. 719. Joint requests for proposals.
Sec. 720. Supplemental and alternative crops.
Sec. 721. Aquaculture.
Sec. 722. Rangeland research.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 731. National genetic resources program.
Sec. 732. Biotechnology risk assessment research.
Sec. 733. High-priority research and extension initiatives.
Sec. 734. Nutrient management research and extension initiative.
Sec. 735. Organic agriculture research and extension initiative.
Sec. 736. Agricultural telecommunications program.
Sec. 737. Assistive technology program for farmers with disabilities.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 741. Initiative for Future Agriculture and Food Systems.
Sec. 742. Partnerships for high-value agricultural product quality
research.
Sec. 743. Precision agriculture.
Sec. 744. Biobased products.
Sec. 745. Thomas Jefferson Initiative for Crop Diversification.
Sec. 746. Integrated research, education, and extension competitive
grants program.
Sec. 747. Support for research regarding diseases of wheat and barley
caused by fusarium graminearum.
Sec. 748. Office of Pest Management Policy.
Subtitle D--Land-Grant Funding
Chapter 1--1862 Institutions
Sec. 751. Carryover.
Sec. 752. Reporting of technology transfer activities.
Sec. 753. Compliance with multistate and integration requirements.
Chapter 2--1994 Institutions
Sec. 754. Extension at 1994 Institutions.
Sec. 755. Equity in Educational Land-Grant Status Act of 1994.
Sec. 756. Eligibilit
2000
y for integrated grants program.
Chapter 3--1890 Institutions
Sec. 757. Authorization percentages for research and extension formula
funds.
Sec. 758. Carryover.
Sec. 759. Reporting of technology transfer activities.
Sec. 760. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including
Tuskegee University.
Sec. 761. National research and training centennial centers.
Sec. 762. Matching funds requirement for research and extension
activities.
Chaptesubchapter a--generaltutions
Sec. 771.subchapter b--land-grant institutions in insular areas
Sec. 775. Distance education grants program for insular area land-grant
institutions.
Sec. 776. Matching requirements for research and extension formula
funds for insular area land-grant
institutions.
Sec. 777. Education grants for Pacific Islander serving institutions.
Subtitle E--Other Laws
Sec. 781. Critical agricultural materials.
Sec. 782. Research facilities.
Sec. 783. Federal agricultural research facilities.
Sec. 784. Competitive, special, and facilities research grants.
Sec. 785. Risk management education for beginning farmers and ranchers.
Sec. 786. Aquaculture.
Subtitle F--New Authorities
Sec. 791. Definitions.
Sec. 792. Regulatory and inspection research.
Sec. 793. Emergency research transfer authority.
Sec. 794. Review of Agricultural Research Service.
Sec. 795. Technology transfer for rural development.
Sec. 796. Beginning farmer and rancher development program.
Sec. 797. Sense of Congress regarding doubling of funding for
agricultural research and increasing
capacity for research on biosecurity and
animal and plant health diseases.
Sec. 798. Rural policy research.
Sec. 798A. Priority for farmers and ranchers participating in
conservation programs.
Sec. 798B. Organic production and market data initiatives.
Subtitle G--Administration
Sec. 799. Effect of amendments.
TITLE VIII--FORESTRY
Sec. 801. Office of International Forestry.
Sec. 802. Mcintire-Stennis cooperative forestry research program.
Sec. 803. Sustainable forestry outreach initiative; renewable resources
extension activities.
Sec. 804. Forestry incentives program.
Sec. 805. Sustainable forestry cooperative program.
Sec. 806. Sustainable forest management program.
Sec. 807. Enhanced community fire protection.
Sec. 808. Watershed forestry assistance program.
Sec. 809. General provisions.
Sec. 810. State forest stewardship coordinating committees.
TITLE IX--ENERGY
Sec. 901. Findings.
Sec. 902. Consolidated Farm and Rural Development Act.
Sec. 903. Biomass Research and Development Act of 2000.
Sec. 904. Sense of Congress concerning a national renewable fuels
standard.
Sec. 905. Rural Electrification Act of 1936.
TITLE X--AGRICULTURAL COMPETITION
Subtitle A--Agricultural Fair Practices
Sec. 1001. Agricultural fair practices.
Subtitle B--Packers and Stockyards
Sec. 1011. Investigation of live poultry dealers.
Sec. 1012. Appointment of outside counsel.
Subtitle C--Country of Origin Labeling
Sec. 1021. Country of origin labeling.
Subtitle D--Referenda on Continuation of Commodity Promotion Programs
Sec. 1031. Referenda on continuation of commodity promotion programs.
Subtitle E--Perishable Agricultural Commodities
Sec. 1041. Disciplinary violations.
TITLE XI--MISCELLANEOUS
Sec. 1101. Cotton classification services.
Sec. 1102. Availability of section 32 funds.
Sec. 1103. Pseudorabies eradication program.
Sec. 1104. Collection and use of agricultural quarantine and inspection
fees.
Sec. 1105. Commodity purchases.
Sec. 1106. Seniors farmers' market nutrition program.
Sec. 1107. National organic certification cost-share program.
TITLE I--COMMODITY PROGRAMS
SEC. 101. DEFINITIONS.
In this title (other than chapter 3 of subtitle C):
(1) Base acres.--The term ``base acres'' means the base
acres established under section 114 for a covered commodity for
a farm.
(2) Considered planted.--The term ``considered planted''
means any acreage on the farm that--
(A) producers on a farm were prevented from
planting to a crop because of drought, flood, or other
natural disaster, or other condition beyond the control
of the producers on the farm, as determined by the
Secretary; and
(B) was not planted to another covered commodity.
(3) Contract.--The term ``contract'' means a contract
entered into under section 111.
(4) Contract payment.--The term ``contract payment'' means
a direct payment and a counter-cyclical payment.
(5) Counter-cyclical payment.--The term ``counter-cyclical
payment'' means a payment made to producers on a farm under
section 116.
(6) Covered commodity.--The term ``covered commodity''
means wheat, corn, grain sorghum, barley, oats, upland cotton,
rice, and oilseeds.
(7) Department.--The term ``Department'' means the
Department of Agriculture.
(8) Direct payment.--The term ``direct payment'' means a
payment made to producers on a farm under section 115.
(9) Extra long staple cotton.--The term `extra long staple
cotton' means cotton that--
(A) is produced from pure strain varieties of the
Barbadense species or any hybrid thereof, or other
similar types of extra long staple cotton, designated
by the Secretary, having characteristics needed for
various end uses for which United States upland cotton
is not suitable and grown in irrigated cotton-growing
regions of the United States designated by the
Secretary or other areas designated by the Secretary as
suitable for the production of the varieties or types;
and
(B) is ginned on a roller-type gin or, if
authorized by the Secretary, ginned on another type gin
for experimental purposes.
(10) Loan commodity.--The term ``loan commodity'' means
each contract commodity, extra long staple cotton, wool,
mohair, honey, dry peas, lentils, and chickpeas.
(11) Oilseed.--The term ``oilseed'' means soybeans,
sunflower seed, rapeseed, canola, safflower, flaxseed, mustard
seed, or, if designated by the Secretary, another oilseed.
(12) Payment yield.--The term ``payment yield'' means the
yield established under section 113 for a farm for a covered
commodity.
(13) Producer.--
(A) In general.--The term ``producer'' means an
owner, operator, landlord, tenant, or sharecropper
that--
(i) shares in the risk of producing a crop;
(ii) is entitled to share in the crop
available for marketing from a farm or would
have shared had the crop been produced; and
(iii) makes contributions of land, labor,
management, equipment, and capital to the
operation of the farm that are at least
commensurate with the producer's share of the
proceeds of the operation.
2000
(B) Hybrid seed.--In determining whether a grower
of hybrid seed is a producer, the Secretary--
(i) shall not take into consideration the
existence of a hybrid seed contract; and
(ii) shall ensure that program requirements
do not adversely affect the ability of the
grower to receive a payment under this title.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
Subtitle A--Direct and Counter-Cyclical Payments
SEC. 111. AUTHORIZATION FOR USE OF CONTRACTS.
(a) In General.--The Secretary shall offer to enter into a contract
with eligible producers on a farm containing eligible cropland to
receive contract payments.
(b) Eligible Producers.--
(1) In general.--Subject to paragraph (2), a producer (as
defined in section 101) shall be eligible to enter into a
contract.
(2) Tenants.--
(A) Share-rent tenants.--A producer on eligible
cropland that is a tenant with a share-rent lease of
the eligible cropland, regardless of the length of the
lease shall be eligible to enter into a contract, if
the owner of the eligible cropland enters into the same
contract.
(B) Cash-rent tenants.--
(i) Contracts with long-term leases.--A
producer on eligible cropland that cash rents
the eligible cropland under a lease expiring on
or after the termination of the contract shall
be eligible to enter into a contract.
(ii) Contracts with short-term leases.--
(I) In general.--A producer that
cash rents the eligible cropland under
a lease expiring before the termination
of the contract shall be eligible to
enter into a contract.
(II) Owner's contract interest.--
The owner of the eligible cropland may
also enter into the same contract.
(III) Consent of owner.--If the
producer elects to enroll less than 100
percent of the eligible cropland in the
contract, the consent of the owner
shall be required for a valid contract.
(iii) Contracts with owners.--An owner of
eligible cropland that cash rents the eligible
cropland under a lease with a term that expires
before the end of the 2006 crop year shall be
eligible to enter into a contract after the
lease expires.
(c) Eligible Cropland.--
(1) In general.--Land shall be considered to be cropland
eligible for coverage under a contract only if the land--
(A) has with respect to a covered commodity--
(i) base acres attributable to the land
under section 114; and
(ii) a payment yield under section 113; or
(B) was subject to a conservation reserve contract
under section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) whose term expired, or was voluntarily
terminated, on or after the date of enactment of this
Act.
(2) Quantity of eligible cropland covered by contract.--An
eligible producer may enroll as contract acreage all or a
portion of the eligible cropland on the farm.
(3) Voluntary reduction in contract acreage.--An eligible
producer that enters into a contract may subsequently reduce
the quantity of contract acreage covered by the contract.
(d) Protection of Interests of Certain Producers.--
(1) Tenants and sharecroppers.--In carrying out this
subtitle, the Secretary shall provide adequate safeguards to
protect the interests of tenants and sharecroppers.
(2) Sharing of payments.--The Secretary shall provide for
the sharing of contract payments among the eligible producers
on a farm on a fair and equitable basis.
SEC. 112. ELEMENTS OF CONTRACTS.
(a) Time for Contracting.--
(1) Commencement.--To the extent practicable, the Secretary
shall commence entering into contracts not later than 45 days
after the date of enactment of this Act.
(2) Deadline.--Except as provided in paragraph (3), the
Secretary may not enter into a contract after the date that is
180 days after the date of enactment of this Act.
(3) Conservation reserve land.--
(A) In general.--At the beginning of each fiscal
year, the Secretary shall allow an eligible producer on
a farm covered by a conservation reserve contract
entered into under section 1231 of the Food Security
Act of 1985 (16 U.S.C. 3831) that terminates after the
date specified in paragraph (2) to enter into or expand
a contract to cover the eligible cropland of the farm
that was subject to the former conservation reserve
contract.
(B) Amount.--Contract payments made for eligible
cropland under this paragraph shall be made at the rate
and amount determined by the Secretary consistent with
this subtitle.
(b) Duration of Contract.--
(1) Beginning date.--The term of a contract shall begin
with--
(A) the 2002 crop of a contract commodity; or
(B) in the case of acreage that was subject to a
conservation reserve contract described in subsection
(a)(3), the date the contract was entered into or
expanded to cover the acreage.
(2) Ending date.--The term of a contract shall extend
through the 2006 crop, unless earlier terminated by the
producer.
SEC. 113. PAYMENT YIELDS.
(a) In General.--Subject to subsection (b), the payment yield for
each of the 2002 through 2006 crops of a covered commodity for a farm
shall be the greater of--
(1) the average of the yield per harvested acre for the
crop of the covered commodity for the farm for the 1998 through
2001 crop years, excluding--
(A) any crop year for which the producers on the
farm did not plant the covered commodity; and
(B) at the option of the producers on the farm, 1
additional crop year; or
(2) the farm program payment yield that would have been
established for the producers on the farm for the 2002 crop of
the covered commodity under title I of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7201 et seq.).
(b) Assigned Yields.--In the case of a farm for which a payment
yield is unavailable for a covered commodity, the Secretary shall
establish an appropriate payment yield for the covered commodity on the
farm taking in consideration the payment yields applicable to the
covered commodity under subsection (a) for similar farms in the area.
SEC. 114. BASE ACRES.
(a) In General.--Subject to subsection (b), the base acres on a
farm shall be equal to the
2000
average of the acreage planted and
considered planted to the crop of each covered commodity for harvest on
the farm during each of the 1998 through 2001 crop years.
(b) Treatment of Conservation Reserve Contract Acreage.--
(1) In general.--The Secretary shall provide for an
adjustment in the base acres for a farm whenever either of the
following circumstances occur:
(A) A conservation reserve contract entered into
under section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) with respect to the farm expires or is
voluntarily terminated.
(B) Cropland is released from coverage under a
conservation reserve contract by the Secretary.
(2) Election.--For the fiscal year and crop year in which a
base acre adjustment under paragraph (1) is first made, the
producers on the farm shall elect to receive--
(A) contract payments with respect to the acreage
added to the farm under this subsection; or
(B) a prorated payment under the conservation
reserve contract.
(c) Prevention of Excess Base Acres.--
(1) Required reduction.--If the sum of the base acres for a
farm, together with the acreage described in paragraph (2),
exceeds the actual cropland acreage of the farm, the Secretary
shall reduce the quantity of base acres for 1 or more covered
commodities for the farm as necessary so that the sum of the
base acres and acreage described in paragraph (2) does not
exceed the actual cropland acreage of the farm.
(2) Other acreage.--For purposes of paragraph (1), the
Secretary shall include--
(A) any acreage on the farm enrolled in the
conservation reserve program or wetlands reserve
program under chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3830 et seq.);
and
(B) any other acreage on the farm enrolled in a
voluntary conservation program under which production
of any agricultural commodity is prohibited.
(3) Double-cropped acreage.--In applying paragraph (1), the
Secretary shall take into account additional acreage as a
result of an established double-cropping history on a farm, as
determined by the Secretary.
SEC. 115. DIRECT PAYMENTS.
(a) In General.--For each of the 2003 through 2006 fiscal years,
the Secretary shall make direct payments available to producers on a
farm that have entered into a contract under section 111.
(b) Payment Amount.--The amount of a direct payment to be paid to
the producers on a farm for a covered commodity for a fiscal year shall
be obtained by multiplying--
(1) the payment rate specified in subsection (c);
(2) the base acres for the covered commodity on the farm;
and
(3) the payment yield for the covered commodity for the
farm.
(c) Payment Rate.--The payment rates used to make direct payments
with respect to covered commodities for a fiscal year are as follows:
(1) Wheat, $0.247 per bushel.
(2) Corn, $0.150 per bushel.
(3) Grain sorghum, $0.170 per bushel.
(4) Barley, $0.177 per bushel.
(5) Oats, $0.127 per bushel.
(6) Upland cotton, $0.046 per pound.
(7) Rice, $0.590 per hundredweight.
(8) Soybeans, $0.250 per bushel.
(9) Oilseeds (other than soybeans), $0.0057 per pound.
(d) Time for Payment.--The Secretary shall make direct payments for
each of the 2003 through 2006 fiscal years not later than September 30
of the fiscal year.
SEC. 116. COUNTER-CYCLICAL PAYMENTS.
(a) Target and Total Revenues.--
(1) In general.--For each of the 2002 through 2006 crop
years, the Secretary shall make counter-cyclical payments to
producers on farms of a covered commodity if--
(A) the total revenue per planted acre of a covered
commodity for the crop year determined under paragraph
(3); is less than
(B) the target revenue per planted acre of the
covered commodity determined under paragraph (2).
(2) Target revenue.--
(A) In general.--Subject to subparagraph (B), the
target revenue per planted acre of the covered
commodity shall be as follows:
(i) Wheat, $120.00 per planted acre.
(ii) Corn, $272.00 per planted acre.
(iii) Grain sorghum, $130.00 per planted
acre.
(iv) Barley, $122.00 per planted acre.
(v) Oats, $46.00 per planted acre.
(vi) Upland cotton, $360.00 per planted
acre.
(vii) Rice, $475.00 per planted acre.
(viii) Soybeans, $215.00 per planted acre.
(ix) Oilseeds (other than soybeans),
$133.00 per planted acre.
(B) Adjustment.--For each of the 2003 through 2006
crop years, not later than December 31 of the
applicable year, the Secretary shall adjust the target
revenue per planted acre of a covered commodity to
reflect changes in the Prices Paid by Farmers Index, as
determined by the Secretary, since the 2002 calendar
year.
(3) Total revenue.--
(A) In general.--For each of the 2002 through 2006
crop years, the Secretary shall determine the total
revenue per planted acre of a covered commodity for the
crop year.
(B) Amount.--The amount of total revenue per
planted acre from each covered commodity for a crop
year shall equal--
(i) the amount obtained by multiplying--
(I) the average price received by
all farms for the crop of the covered
commodity produced, as determined under
subparagraph (C); by
(II) the quantity of the crop of
the covered commodity produced by all
farms; divided by
(ii) the number of acres planted or
considered to the covered commodity.
(C) Average price.--The average price of each
covered commodity produced under subparagraph (B)(i)
for a crop year shall equal the greater of--
(i) the loan rate for the crop of the
covered commodity established under section
132; or
(ii) the simple average price received for
the crop of the covered commodity for the
marketing year for the crop.
(b) Counter-Cyclical Payments to Producers.--
(1) In general.--If the total revenue per planted acre of a
covered commodity for a crop year is less than the target
revenue per planted acre of the covered commodity, the
Secretary shall make payments to eligible producers on a farm
of the covered commodity.
(2) Amount.--The amount of the payments made to eligible
producers on a farm for a crop year under this subsection shall
equal the amount obtained by multiplying--
(A) the payment rate for the covered commodity for
2000
the crop year determined under subsection (c); by
(B) the payment quantity for the covered commodity
for the farm for the crop year determined under
subsection (d).
(c) Payment Rate.--
(1) In general.--The payment rate for a covered commodity
for a crop year under subsection (b)(2)(A) shall equal--
(A) the revenue deficiency of the covered commodity
for the crop year determined under paragraph (2);
divided by
(B) the total contract production of the covered
commodity for the crop year determined under paragraph
(3).
(2) Revenue deficiency.--
(A) In general.--The amount of the revenue
deficiency for a covered commodity for a crop year
under paragraph (1)(A) shall equal the difference
between--
(i) the target revenue from the covered
commodity for all farms determined under
subparagraph (B); and
(ii) the total revenue from the covered
commodity derived for all farms for a crop year
determined under subparagraph (C).
(B) Target revenue for all farms.--The target
revenue for a covered commodity for all farms for a
crop year shall equal the amount obtained by
multiplying--
(i) the target revenue per acre for the
covered commodity determined under subsection
(a)(2); by
(ii) the base acres attributable to the
covered commodity.
(C) Total revenue for all farms.--The total revenue
for a covered commodity for all farms for a crop year
shall equal the amount obtained by multiplying--
(i) the total revenue per acre for the
covered commodity determined under subsection
(a)(3); by
(ii) the base acres attributable to the
covered commodity.
(3) Total contract production.--The contract production of
a covered commodity for all farms for a crop year under
paragraph (1)(B) shall equal the amount obtained by
multiplying--
(A) the base acres attributable to the covered
commodity for all farms that are covered by a contract;
by
(B) the average payment yield for all farms for the
covered commodity determined under section 113.
(d) Payment Quantity.--The payment quantity for the covered
commodity for the farm for the crop year under subsection (b)(2)(B)
shall equal the amount obtained by multiplying--
(1) the base acres attributable to the covered commodity
for the farm; by
(2) the payment yield established under section 113 for the
farm for a covered commodity.
(e) Time for Payments.--
(1) Initial payment.--
(A) In general.--At the option of the producers on
a farm, the Secretary shall pay 50 percent of the
estimated counter-cyclical payment for a crop of a
covered commodity for the producers on the farm on a
date determined by the Secretary that is not later than
180 days after the beginning of the marketing year for
the covered commodity.
(B) Overestimated payments.--If the amount of the
estimated counter-cyclical payment paid to producers on
a farm for a crop of a covered commodity under
subparagraph (A) exceeds the total amount of the
counter-cyclical payment that is payable to the
producers on the farm for the crop of the covered
commodity under subsection (b)(2), the producers on the
farm shall not be required to repay to the Secretary
the amount of any overpayment.
(2) Final payment.--The Secretary shall pay the final
amount of the counter-cyclical payment that is payable to the
producers on a farm for the crop of a covered commodity under
subsection (b)(2) (less the amount of any initial payment made
to the producers on the farm for the crop of the covered
commodity under paragraph (1)) during the period beginning 31
days, and ending 60 days, after the end of the marketing year
for the covered commodity.
SEC. 117. PRODUCER AGREEMENTS.
(a) Compliance With Certain Requirements.--Before the producers on
a farm may receive contract payments with respect to the farm, the
producers on the farm shall agree during the fiscal year or crop year,
as applicable, for which the payments are received, in exchange for the
payments--
(1) to comply with applicable highly erodible land
conservation requirements under subtitle B of title XII of the
Food Security Act of 1985 (16 U.S.C. 3811 et seq.);
(2) to comply with applicable wetland conservation
requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.);
(3) to comply with the planting flexibility requirements of
section 118; and
(4) to use a quantity of land on the farm equal to the base
acres, for an agricultural or conserving use, and not for a
nonagricultural commercial or industrial use, as determined by
the Secretary.
(b) Foreclosures.--
(1) In general.--The Secretary shall not require the
producers on a farm to repay a contract payment if the farm has
been foreclosed on and the Secretary determines that forgiving
the repayment is appropriate to provide fair and equitable
treatment.
(2) Compliance with requirements.--
(A) In general.--This subsection shall not void the
responsibilities of the producers on a farm under
subsection (a) if the producers on the farm continue or
resume operation, or control, of the farm.
(B) Applicable requirements.--On the resumption of
operation or control over the farm by the producers on
the farm, the requirements of subsection (a) in effect
on the date of the foreclosure shall apply.
(c) Transfer or Change of Interest in Farm.--
(1) Termination.--Except as provided in paragraph (5), a
transfer of (or change in) the interest of the producers on a
farm in base acres for which contract payments are made shall
result in the termination of the payments with respect to the
base acres, unless the transferee or owner of the acreage
agrees to assume all obligations under subsection (a).
(2) Effective date.--The termination takes effect on the
date of the transfer or change.
(3) Transfer of payment base and yield.--There is no
restriction on the transfer of the base acres or payment yield
of a farm as part of a transfer or change described in
paragraph (1).
(4) Modification.--At the request of the transferee or
owner, the Secretary may modify the requirements of subsection
(a) if the modifications are consistent with the objectives of
subsection (a), as determined by the Secretary.
(5) Exception.--If a producer entitled to a contract
payment dies, becomes incompetent, or is otherwise unable to
receive the payment, the Secretary shall make the payment, in
accordance with regulations promulgated by the Secret
2000
ary.
(d) Review.--A determination of the Secretary under this section
shall be considered to be an adverse decision for purposes of the
availability of administrative review of the determination.
SEC. 118. PLANTING FLEXIBILITY.
(a) Permitted Crops.--Subject to subsection (b), any commodity or
crop may be planted on base acres on a farm.
(b) Limitations and Exceptions Regarding Certain Commodities.--
(1) Limitations.--The planting of the following
agricultural commodities shall be prohibited on base acres:
(A) Fruits.
(B) Vegetables (other than lentils, mung beans, dry
peas, and chickpeas).
(2) Exceptions.--Paragraph (1) shall not limit the planting
of an agricultural commodity specified in paragraph (1)--
(A) in any region in which there is a history of
double-cropping of covered commodities with 1 or more
agricultural commodities specified in paragraph (1), as
determined by the Secretary, in which case the double-
cropping shall be permitted;
(B) on a farm that the Secretary determines has a
history of planting 1 or more agricultural commodities
specified in paragraph (1) on base acres, except that
contract payments shall be reduced by an acre for each
acre planted to the agricultural commodity; or
(C) by the producers on a farm that the Secretary
determines has an established planting history of a
specific agricultural commodity specified in paragraph
(1), except that--
(i) the quantity planted may not exceed the
average annual planting history of the
agricultural commodity by the producers on the
farm during the 1996 through 2001 crop years
(excluding any crop year in which no plantings
were made), as determined by the Secretary; and
(ii) contract payments shall be reduced by
an acre for each acre planted to the
agricultural commodity.
SEC. 119. PAYMENT LIMITATIONS.
(a) In General.--The total amount of contract payments made
directly or indirectly to an individual or entity during any applicable
year may not exceed $100,000.
(b) Administration.--Notwithstanding section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308), sections 1001A(b), 1001B, and
1001C of that Act (7 U.S.C. 1308-1(b), 1308-2, 1308-3) shall apply to
an individual or entity that receives a contract payment.
Subtitle B--Loans and Loan Deficiency Payments
SEC. 131. AVAILABILITY OF MARKETING LOANS.
(a) Loans Available.--
(1) In general.--Subject to section 140, for each of the
2002 through 2006 crops of each loan commodity, the Secretary
shall make available to producers on a farm nonrecourse
marketing loans for loan commodities produced on the farm.
(2) Terms and conditions.--The loans shall be made under
terms and conditions that are prescribed by the Secretary and
at the loan rate established under section 132 for the loan
commodity.
(b) Eligible Production.--
(1) In general.--Subject to section 140, the producers on a
farm shall be eligible for a marketing loan under subsection
(a) for any quantity of loan commodities produced on the farm
that does not exceed 175,000 loan units determined under
paragraph (2).
(2) Loan units.--For purposes of paragraph (1)--
(A) each bushel of wheat placed under loan by a
producer shall be considered 0.875 loan units;
(B) each bushel of corn placed under loan by a
producer shall be considered 0.5 loan units;
(C) each bushel of grain sorghum placed under loan
by a producer shall be considered 0.875 loan units;
(D) each bushel of barley placed under loan by a
producer shall be considered 0.73 loan units;
(E) each bushel of oats placed under loan by a
producer shall be considered 1.75 loan units;
(F) each pound of upland cotton placed under loan
by a producer shall be considered 0.07609 loan units;
(G) each hundredweight of rice placed under loan by
a producer shall be considered 2.33333 loan units;
(H) each bushel of soybeans placed under loan by a
producer shall be considered 1 loan unit;
(I) each pound of oilseeds (other than soybeans)
placed under loan by a producer shall be considered
0.0875 loan units;
(J) each bushel of extra long staple cotton placed
under loan by a producer shall be considered 0.07609
loan units;
(K) each pound of wool placed under loan by a
producer shall be considered 4.375 loan units;
(L) each pound of mohair placed under loan by a
producer shall be considered 4.375 loan units;
(M) each pound of honey placed under loan by a
producer shall be considered 1.75 loan units;
(N) each pound of dry peas placed under loan by a
producer shall be considered 12.5 loan units;
(O) each pound of lentils placed under loan by a
producer shall be considered 12.5 loan units; and
(P) each pound of chickpeas placed under loan by a
producer shall be considered 12.5 loan units.
(c) Compliance With Conservation Requirements.--As a condition of
the receipt of a marketing loan under subsection (a), the producers on
a farm shall comply with--
(1) applicable highly erodible land conservation
requirements under subtitle B of title XII of the Food Security
Act of 1985 (16 U.S.C. 3811 et seq.); and
(2) applicable wetland conservation requirements under
subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.).
SEC. 132. LOAN RATES FOR MARKETING LOANS.
(a) In General.--Subject to subsection (b) and section 137, the
loan rate for a loan commodity under section 131 shall be--
(1) in the case of wheat, $2.94 per bushel;
(2) in the case of corn, $2.05 per bushel;
(3) in the case of grain sorghum, $1.98 per bushel;
(4) in the case of barley, $1.98 per bushel;
(5) in the case of oats, $1.30 per bushel;
(6) in the case of upland cotton, $0.545 per pound;
(7) in the case of rice, $6.90 per hundredweight;
(8) in the case of soybeans, $5.20 per bushel;
(9) in the case of oilseeds (other than soybeans), $0.093
per pound;
(10) in the case of extra long staple cotton, $0.7965 per
pound;
(11) in the case of graded wool, $1.00 per pound;
(12) in the case of nongraded wool, $0.40 per pound;
(13) in the case of mohair, $4.20 per pound;
(14) in the case of honey, $0.60 per pound;
(15) in the case of dry peas, $6.64 per hundredweight;
(16) in the case of lentils, $12.53 per hundredweight;
(17) in the case of large chickpeas, $17.09 per
hundredweight; and
(18) in the case of small chickpeas, $7.94 per
hundredweight.
(b) Adjustments.--
(1) In general.--The Secretary may make appropriate
adjustments in the loan rates for any loan commodity for
differences in grade, type, quality, location, and other
factors.
(2) Manner.--
2000
The adjustments under this subsection shall,
to the maximum extent practicable, be made in such manner that
the average loan rate for the loan commodity will, on the basis
of the anticipated incidence of the factors described in
paragraph (1), be equal to the loan rate provided under this
section.
SEC. 133. TERM OF LOANS.
(a) Term of Loan.--In the case of each loan commodity, a marketing
loan under section 131 shall have a term of 9 months beginning on the
first day of the first month after the month in which the loan is made.
(b) Extensions.--The Secretary may allow the producers on a farm to
extend the term of a marketing loan for any loan commodity for 1
additional 9-month term.
SEC. 134. REPAYMENT OF LOANS.
(a) Repayment Rates for Loan Commodities (Other Than Cotton and
Rice).--The Secretary shall permit the producers on a farm to repay a
marketing loan under section 131 for a loan commodity (other than
upland cotton, rice, and extra long staple cotton) at a rate that is
the lesser of--
(1) the loan rate established for the commodity under
section 132, plus interest (as determined by the Secretary); or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the
commodity by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the commodity;
(D) allow the commodity produced in the United
States to be marketed freely and competitively, both
domestically and internationally; and
(E) minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries.
(b) Repayment Rates for Upland Cotton and Rice.--The Secretary
shall permit producers on a farm to repay a marketing loan under
section 131 for upland cotton and rice at a rate that is the lesser
of--
(1) the loan rate established for the commodity under
section 132, plus interest (as determined by the Secretary); or
(2) the prevailing world market price for the commodity
(adjusted to United States quality and location), as determined
by the Secretary.
(c) Repayment Rate for Extra Long Staple Cotton.--Repayment of a
loan for extra long staple cotton shall be at the loan rate established
for the commodity under section 131, plus interest (as determined by
the Secretary).
(d) Prevailing World Market Price.--For purposes of this section
and section 136, the Secretary shall prescribe by regulation--
(1) a formula to determine the prevailing world market
price for each loan commodity, adjusted to United States
quality and location; and
(2) a mechanism by which the Secretary shall announce
periodically the prevailing world market price for each loan
commodity.
(e) Adjustment of Prevailing World Market Price for Upland
Cotton.--
(1) In general.--During the period ending July 31, 2007,
the prevailing world market price for upland cotton (adjusted
to United States quality and location) established under
subsection (c) shall be further adjusted if--
(A) the adjusted prevailing world market price is
less than 115 percent of the loan rate for upland
cotton established under section 132, as determined by
the Secretary; and
(B) the Friday through Thursday average price
quotation for the lowest-priced United States growth as
quoted for Middling (M) 1\3/32\-inch cotton delivered
C.I.F. Northern Europe is greater than the Friday
through Thursday average price of the 5 lowest-priced
growths of upland cotton, as quoted for Middling (M)
1\3/32\-inch cotton, delivered C.I.F. Northern Europe
(referred to in this subsection as the ``Northern
Europe price'').
(2) Further adjustment.--Except as provided in paragraph
(3), the adjusted prevailing world market price for upland
cotton shall be further adjusted on the basis of some or all of
the following data, as available:
(A) The United States share of world exports.
(B) The current level of cotton export sales and
cotton export shipments.
(C) Other data determined by the Secretary to be
relevant in establishing an accurate prevailing world
market price for upland cotton (adjusted to United
States quality and location).
(3) Limitation on further adjustment.--The adjustment under
paragraph (2) may not exceed the difference between--
(A) the Friday through Thursday average price for
the lowest-priced United States growth as quoted for
Middling 1\3/32\-inch cotton delivered C.I.F. Northern
Europe; and
(B) the Northern Europe price.
SEC. 135. LOAN DEFICIENCY PAYMENTS.
(a) Availability of Loan Deficiency Payments.--The Secretary may
make loan deficiency payments available to producers on a farm that
produce a loan commodity.
(b) Computation.--A loan deficiency payment under this section
shall be obtained by multiplying--
(1) the loan payment rate determined under subsection (c)
for the loan commodity; by
(2) the quantity of the loan commodity produced by the
producers on the farm that could be placed under loan under
section 131, excluding any quantity for which the producers on
the farm obtain a loan under section 131.
(c) Loan Payment Rate.--For purposes of this section, the loan
payment rate shall be the amount by which--
(1) the loan rate established under section 132 for the
loan commodity; exceeds
(2) the rate at which a loan for the commodity may be
repaid under section 134.
(d) Exception for Extra Long Staple Cotton.--This section shall not
apply with respect to extra long staple cotton.
(e) Beneficial Interest.--A producer shall be eligible for a
payment under this section only if the producers on the farm have a
beneficial interest in the loan commodity, as determined by the
Secretary.
SEC. 136. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND COTTON.
(a) Cotton User Marketing Certificates.--
(1) Issuance.--During the period beginning on the date of
enactment of this Act and ending July 31, 2007, the Secretary
shall issue marketing certificates or cash payments, at the
option of the recipient, to domestic users and exporters for
documented purchases by domestic users and sales for export by
exporters made in the week following a consecutive 4-week
period in which--
(A) the Friday through Thursday average price
quotation for the lowest-priced United States growth,
as quoted for Middling (M) 1\3/32\-inch cotton,
delivered C.I.F. Northern Europe exceeds the Northern
Europe price by more than 1.25 cents per pound; and
(B) the prevailing world market price for upland
cotton (adjusted to United States quality and location)
does not exceed 134 percent of the loan rate for upland
cotton established under section 132.
(2) Value of certificates or payments.--The value of the
marketing certificates or cash payments shall be based on the
amount of the difference (reduced by 1.25 cents per pound) in
the prices during the 4th week of the consecutive 4-week period
2000
multiplied by the quantity of upland cotton included in the
documented sales.
(3) Administration of marketing certificates.--
(A) Redemption, marketing, or exchange.--
(i) In general.--The Secretary shall
establish procedures for redeeming marketing
certificates for cash or marketing or exchange
of the certificates for agricultural
commodities owned by the Commodity Credit
Corporation or pledged to the Commodity Credit
Corporation as collateral for a loan in such
manner, and at such price levels, as the
Secretary determines will best effectuate the
purposes of cotton user marketing certificates,
including enhancing the competitiveness and
marketability of United States cotton.
(ii) Price restrictions.--Any price
restrictions that would otherwise apply to the
disposition of agricultural commodities by the
Commodity Credit Corporation shall not apply to
the redemption of certificates under this
subsection.
(B) Designation of commodities and products.--To
the extent practicable, the Secretary shall permit
owners of certificates to designate the commodities and
products, including storage sites, the owners would
prefer to receive in exchange for certificates.
(C) Transfers.--Marketing certificates issued to
domestic users and exporters of upland cotton may be
transferred to other persons in accordance with
regulations promulgated by the Secretary.
(b) Special Import Quota.--
(1) Establishment.--
(A) In general.--The President shall carry out an
import quota program during the period beginning on the
date of enactment of this Act and ending July 31, 2007,
as provided in this subsection.
(B) Program requirements.--Except as provided in
subparagraph (C), whenever the Secretary determines and
announces that for any consecutive 4-week period, the
Friday through Thursday average price quotation for the
lowest-priced United States growth, as quoted for
Middling (M) 1\3/32\-inch cotton, delivered C.I.F.
Northern Europe, adjusted for the value of any
certificate issued under subsection (a), exceeds the
Northern Europe price by more than 1.25 cents per
pound, there shall immediately be in effect a special
import quota.
(C) Tight domestic supply.--During any month for
which the Secretary estimates the season-ending United
States upland cotton stocks-to-use ratio, as determined
under subparagraph (D), to be below 16 percent, the
Secretary, in making the determination under
subparagraph (B), shall not adjust the Friday through
Thursday average price quotation for the lowest-priced
United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, for
the value of any certificates issued under subsection
(a).
(D) Season-ending united states stocks-to-use
ratio.--For the purposes of making estimates under
subparagraph (C), the Secretary shall, on a monthly
basis, estimate and report the season-ending United
States upland cotton stocks-to-use ratio, excluding
projected raw cotton imports but including the quantity
of raw cotton that has been imported into the United
States during the marketing year.
(2) Quantity.--The quota shall be equal to 1 week's
consumption of upland cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months
for which data are available.
(3) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under paragraph (1) and entered into
the United States not later than 180 days after that date.
(4) Overlap.--A special quota period may be established
that overlaps any existing quota period if required by
paragraph (1), except that a special quota period may not be
established under this subsection if a quota period has been
established under subsection (c).
(5) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(A) section 213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act
(19 U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19
U.S.C. 2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(6) Limitation.--The quantity of cotton entered into the
United States during any marketing year under the special
import quota established under this subsection may not exceed
the equivalent of 5 week's consumption of upland cotton by
domestic mills at the seasonally adjusted average rate of the 3
months immediately preceding the first special import quota
established in any marketing year.
(7) Definition of special import quota.--In this
subsection, the term ``special import quota'' means a quantity
of imports that is not subject to the over-quota tariff rate of
a tariff-rate quota.
(c) Limited Global Import Quota for Upland Cotton.--
(1) In general.--The President shall carry out an import
quota program that provides that whenever the Secretary
determines and announces that the average price of the base
quality of upland cotton, as determined by the Secretary, in
the designated spot markets for a month exceeded 130 percent of
the average price of such quality of cotton in the markets for
the preceding 36 months, notwithstanding any other provision of
law, there shall immediately be in effect a limited global
import quota subject to the following conditions:
(A) Quantity.--The quantity of the quota shall be
equal to 21 days of domestic mill consumption of upland
cotton at the seasonally adjusted average rate of the
most recent 3 months for which data are available.
(B) Quantity if prior quota.--If a quota has been
established under this subsection during the preceding
12 months, the quantity of the quota next established
under this subsection shall be the smaller of 21 days
of domestic mill consumption calculated under
subparagraph (A) or the quantity required to increase
the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity
under a limited global import quota shall be considered
to be an in-quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin
E
2000
conomic Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade
Preference Act (19 U.S.C. 3203);
(iii) section 503(d) of the Trade Act of
1974 (19 U.S.C. 2463(d)); and
(iv) General Note 3(a)(iv) to the
Harmonized Tariff Schedule.
(D) Definitions.--In this subsection:
(i) Supply.--The term ``supply'' means,
using the latest official data of the Bureau of
the Census, the Department of Agriculture, and
the Department of the Treasury--
(I) the carry-over of upland cotton
at the beginning of the marketing year
(adjusted to 480-pound bales) in which
the quota is established;
(II) production of the current
crop; and
(III) imports to the latest date
available during the marketing year.
(ii) Demand.--The term ``demand'' means--
(I) the average seasonally adjusted
annual rate of domestic mill
consumption during the most recent 3
months for which data are available;
and
(II) the larger of--
(aa) average exports of
upland cotton during the
preceding 6 marketing years; or
(bb) cumulative exports of
upland cotton plus outstanding
export sales for the marketing
year in which the quota is
established.
(iii) Limited global import quota.--The
term ``limited global import quota'' means a
quantity of imports that is not subject to the
over-quota tariff rate of a tariff-rate quota.
(E) Quota entry period.--When a quota is
established under this subsection, cotton may be
entered under the quota during the 90-day period
beginning on the date the quota is established by the
Secretary.
(2) No overlap.--Notwithstanding paragraph (1), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(b).
SEC. 137. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE COTTON.
(a) Competitiveness Program.--Notwithstanding any other provision
of law, during the period beginning on October 1, 2002, and ending on
July 31, 2007, the Secretary shall carry out a program--
(1) to maintain and expand the domestic use of extra long
staple cotton produced in the United States;
(2) to increase exports of extra long staple cotton
produced in the United States; and
(3) to ensure that extra long staple cotton produced in the
United States remains competitive in world markets.
(b) Payments Under Program; Trigger.--Under the program, the
Secretary shall make payments available under this section whenever--
(1) for a consecutive 4-week period, the world market price
for the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is below the prevailing United
States price for a competing growth of extra long staple
cotton; and
(2) the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is less than 134 percent of the
loan rate for extra long staple cotton.
(c) Eligible Recipients.--The Secretary shall make payments
available under this section to domestic users of extra long staple
cotton produced in the United States and exporters of extra long staple
cotton produced in the United States that enter into an agreement with
the Commodity Credit Corporation to participate in the program under
this section.
(d) Payment Amount.--Payments under this section shall be based on
the amount of the difference in the prices referred to in subsection
(b)(1) during the fourth week of the consecutive 4-week period
multiplied by the amount of documented purchases by domestic users and
sales for export by exporters made in the week following such a
consecutive 4-week period.
(e) Form of Payment.--Payments under this section shall be made
through the issuance of cash or marketing certificates, at the option
of eligible recipients of the payments.
SEC. 138. HIGH MOISTURE FEED GRAINS.
(a) Definition of High Moisture State.--In this section, the term
``high moisture state'' means corn or grain sorghum having a moisture
content in excess of Commodity Credit Corporation standards for
marketing loans made by the Secretary under section 131.
(b) Recourse Loans.--For each of the 2002 through 2006 crops of
corn and grain sorghum, the Secretary shall make available recourse
loans, as determined by the Secretary, to producers on a farm
containing eligible cropland that--
(1) normally harvest all or a portion of their crop of corn
or grain sorghum in a high moisture state;
(2) present--
(A) certified scale tickets from an inspected,
certified commercial scale, including a licensed
warehouse, feedlot, feed mill, distillery, or other
similar entity approved by the Secretary, pursuant to
regulations promulgated by the Secretary; or
(B) field or other physical measurements of the
standing or stored crop in regions of the United
States, as determined by the Secretary, that do not
have certified commercial scales from which certified
scale tickets may be obtained within reasonable
proximity of harvest operation;
(3) certify that they were the owners of the feed grain at
the time of delivery to, and that the quantity to be placed
under loan under this subsection was in fact harvested on the
farm and delivered to, a feedlot, feed mill, or commercial or
on-farm high-moisture storage facility, or to a facility
maintained by the users of corn and grain sorghum in a high
moisture state; and
(4) comply with deadlines established by the Secretary for
harvesting the corn or grain sorghum and submit applications
for loans under this section within deadlines established by
the Secretary.
(c) Eligibility of Acquired Feed Grains.--A loan under this section
shall be made on a quantity of corn or grain sorghum of the same crop
acquired by the producers on the farm equivalent to a quantity obtained
by multiplying--
(1) the acreage of the corn or grain sorghum in a high
moisture state harvested on the farm; by
(2) the lower of the farm program payment yield or the
actual yield on a field, as determined by the Secretary, that
is similar to the field from which the corn or grain sorghum
was obtained.
(d) Repayme
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nt Rates.--Repayment of a recourse loan made under this
section shall be at the loan rate established for the commodity by the
Secretary, plus interest (as determined by the Secretary).
SEC. 139. SEED COTTON.
(a) In General.--For each of the 2002 through 2006 crops of upland
cotton and extra long staple cotton, the Secretary shall make available
recourse seed cotton loans, as determined by the Secretary, on any
production.
(b) Repayment Rates.--Repayment of a recourse loan made under this
section shall be at the loan rate established for the commodity by the
Secretary, plus interest (as determined by the Secretary).
SEC. 140. PRODUCER ELECTION FOR 2002 CROP.
(a) In General.--Notwithstanding subtitle C of title I of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7231
et seq.), not later than 90 days after the date of enactment of this
Act, an eligible owner or producer that entered into a production
flexibility contract under section 111 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7211) that is effect for
the 2002 crop may elect to--
(1) receive marketing assistance loans and loan deficiency
payments for the 2002 crop in accordance with subtitle C of
title I of that Act (7 U.S.C. 7231 et seq.); or
(2) receive marketing assistance loans and loan deficiency
payments for the 2002 crop in accordance with this chapter.
(b) Conforming Amendments.--
(1) Section 131(a) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7231(a)) is amended by
striking ``For'' and inserting ``Subject to section 140 of the
Agriculture, Conservation, and Rural Enhancement Act of 2001,
for''.
(2) Section 135(a) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7235(a)) is amended by
inserting ``and section 140 of the Agriculture, Conservation,
and Rural Enhancement Act of 2001'' after ``subsection (d)''.
Subtitle C--Other Commodities
CHAPTER 1--DAIRY
SEC. 151. MILK PRICE SUPPORT PROGRAM.
(a) In General.--During the period beginning on January 1, 2002,
and ending on December 31, 2006, the Secretary shall support the price
of milk produced in the 48 contiguous States through the purchase of
cheese, butter, and nonfat dry milk produced from the milk.
(b) Rate.--During the period specified in subsection (a), the price
of milk shall be supported at a rate equal to $9.90 per hundredweight
for milk containing 3.67 percent butterfat.
(c) Purchase Prices.--
(1) Uniform prices.--The support purchase prices under this
section for each of the products of milk (butter, cheese, and
nonfat dry milk) announced by the Secretary shall be the same
for all of that product sold by persons offering to sell the
product to the Secretary.
(2) Amount.--The purchase prices shall be sufficient to
enable plants of average efficiency to pay producers, on
average, a price that is not less than the rate of price
support for milk in effect under subsection (b).
(d) Special Rule for Butter and Nonfat Dry Milk Purchase Prices.--
(1) Allocation of purchase prices.--The Secretary may
allocate the rate of price support between the purchase prices
for nonfat dry milk and butter in a manner that will result in
the lowest level of expenditures by the Commodity Credit
Corporation or achieve such other objectives as the Secretary
considers appropriate.
(2) Notification of congress.--Not later than 10 days after
making or changing an allocation, the Secretary shall notify
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate of the allocation.
(3) Administration.--Section 553 of title 5, United States
Code, shall not apply with respect to the implementation of
this section.
(4) Timing of purchase price adjustments.--The Secretary
may make any such adjustments in the purchase prices for nonfat
dry milk and butter the Secretary considers to be necessary not
more than twice in each calendar year.
SEC. 152. DAIRY EXPORT INCENTIVE AND DAIRY INDEMNITY PROGRAMS.
(a) Dairy Export Incentive Program.--Section 153(a) of the Food
Security Act of 1985 (15 U.S.C. 713a-14(a)) is amended by striking
``2002'' and inserting ``2006''.
(b) Dairy Indemnity Program.--Section 3 of Public Law 90-484 (7
U.S.C. 450l) is amended by striking ``1995'' and inserting ``2006''.
SEC. 153. FLUID MILK PROMOTION.
(a) Definition of Fluid Milk Product.--Section 1999C of the Fluid
Milk Promotion Act of 1990 (7 U.S.C. 6402) is amended by striking
paragraph (3) and inserting the following:
``(3) Fluid milk product.--The term `fluid milk product'
has the meaning given the term in--
``(A) section 1000.15 of title 7, Code of Federal
Regulations, subject to such amendments as may be made
by the Secretary; or
``(B) any successor regulation providing a
definition of that term that is promulgated pursuant to
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.),
reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937.''.
(b) Definition of Fluid Milk Processor.--Section 1999C(4) of the
Fluid Milk Promotion Act of 1990 (7 U.S.C. 6402(4)) is amended by
striking ``500,000'' and inserting ``3,000,000''.
(c) Elimination of Order Termination Date.--Section 1999O of the
Fluid Milk Promotion Act of 1990 (7 U.S.C. 6414) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 154. DAIRY PRODUCT MANDATORY REPORTING.
Section 272(1) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1637a(1)) is amended--
(1) by striking ``means manufactured dairy products'' and
inserting ``means--
``(A) manufactured dairy products'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(B) substantially identical products designated
by the Secretary.''.
SEC. 155. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.
(a) Definitions.--Section 111 of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4502) is amended--
(1) in subsection (k), by striking ``and'' at the end;
(2) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(m) the term `imported dairy product' means any dairy
product that is imported into the United States, including
dairy products imported into the United States in the form of--
``(1) milk, cream, and fresh and dried dairy
products;
``(2) butter and butterfat mixtures;
``(3) cheese; and
``(4) casein and mixtures;
``(n) the term `importer' means a person that imports an
imported dairy product into the United States; and
``(o) the term `Customs' means the United States Customs
Service.''.
(b) Representation of Importers on Board.--Section 113(b) of the
Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is
amended--
(1) by inserting ``National Dairy Promotion and Research
Board.--'' after ``(b)'';
(2) by designating the first through ninth sentences as
paragraphs (1) through (5) and paragraphs (7) through (10),
respectively, and indenting the par
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agraphs appropriately;
(3) in paragraph (2) (as so designated), by striking
``Members'' and inserting ``Except as provided in paragraph
(6), the members''; and
(4) by inserting after paragraph (5) (as so designated) the
following:
``(6) Importers.--
``(A) Representation.--The Secretary shall appoint
not more than 2 members who represent importers of
dairy products and are subject to assessments under the
order, to reflect the proportion of domestic production
and imports supplying the United States market, as
determined by the Secretary on the basis of the average
volume of domestic production of dairy products in
proportion to the average volume of imports of dairy
products in the United States during the previous 3
years.
``(B) Additional members; nominations.--The members
appointed under this paragraph--
``(i) shall be in addition to the total
number of members appointed under paragraph
(2); and
``(ii) shall be appointed from nominations
submitted by importers under such procedures as
the Secretary determines to be appropriate.''.
(c) Importer Assessment.--Section 113(g) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--
(1) by inserting ``Assessments.--'' after ``(g)'';
(2) by designating the first through fifth sentences as
paragraphs (1) through (5), respectively, and indenting
appropriately; and
(3) by adding at the end the following:
``(6) Importers.--
``(A) In general.--The order shall provide that
each importer of imported dairy products shall pay an
assessment to the Board in the manner prescribed by the
order.
``(B) Time for payment.--
``(i) In general.--The assessment on
imported dairy products shall be--
``(I) paid by the importer to
Customs at the time of the entry of the
products into the United States; and
``(II) remitted by Customs to the
Board.
``(ii) Time of entry.--For purposes of this
subparagraph, entry of the products into the
United States shall be considered to have
occurred when the dairy products are released
from custody of Customs and introduced into the
stream of commerce within the United States.
``(iii) Importers.--For purposes of this
subparagraph, importers include--
``(I) persons that hold title to
foreign-produced dairy products
immediately on release by Customs; and
``(II) persons that act on behalf
of others, as agents, brokers, or
consignees, to secure the release of
dairy products from Customs and
introduce the released dairy products
into the stream of commerce.
``(C) Rate.--The rate of assessment on imported
dairy products shall be determined in the same manner
as the rate of assessment per hundredweight or the
equivalent of milk.
``(D) Value of products.--For the purpose of
determining the assessment on imported dairy products
under subparagraph (C), the value to be placed on
imported dairy products shall be established by the
Secretary in a fair and equitable manner.
``(E) Use of assessments on imported dairy
products.--Assessments collected on imported dairy
products shall not be used for foreign market promotion
of United States dairy products.''.
(d) Records.--Section 113(k) of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by
striking ``person receiving'' and inserting ``importer of imported
dairy products, each person receiving''.
(e) Importer Eligibility To Vote in Referendum.--Section 116(b) of
the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is
amended--
(1) in the first sentence, by inserting ``and importers''
after ``producers'' each place it appears;
(2) in the second sentence, by inserting after ``commercial
use'' the following: ``and importers voting in the referendum
(that have been engaged in the importation of dairy products
during the same representative period, as determined by the
Secretary)''.
(f) Conforming Amendments.--Section 110(b) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended--
(1) in the first sentence--
(A) by inserting after ``commercial use'' the
following: ``and on imported dairy products''; and
(B) by striking ``products produced in the United
States.'' and inserting ``products.''; and
(2) in the second sentence, by inserting after ``produce
milk'' the following: ``or the right of any person to import
dairy products''.
CHAPTER 2--SUGAR
SEC. 161. SUGAR PROGRAM.
(a) Sugarcane.--The Secretary shall make loans available to
processors of domestically grown sugarcane at a rate equal to 18 cents
per pound for raw cane sugar.
(b) Sugar Beets.--The Secretary shall make loans available to
processors of domestically grown sugar beets at a rate equal to 22.9
cents per pound for refined beet sugar.
(c) Loan Rate Adjustments.--
(1) Definitions.--In this subsection:
(A) Agreement on agriculture.--The term ``Agreement
on Agriculture'' means the Agreement on Agriculture
referred to in section 101(d)(2) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(2)).
(B) Major sugar countries.--The term ``major sugar
growing, producing, and exporting countries'' means--
(i) the countries of the European Union;
and
(ii) the 10 foreign countries not covered
by subparagraph (A) that the Secretary
determines produce the greatest quantity of
sugar.
(2) Adjustments.--The Secretary may reduce the loan rate
specified in subsection (a) for domestically grown sugarcane
and subsection (b) for domestically grown sugar beets if the
Secretary determines that negotiated reductions in export
subsidies and domestic subsidies provided for sugar of other
major sugar growing, producing, and exporting countries in the
aggregate exceed the commitments made as part of the Agreement
on Agriculture.
(3) Extent of reduction.--The Secretary shall not reduce
the loan rate under subsection (a) or (b) below a rate that
provides an equal measure of support to that provided by other
major sugar growing, producing, and exporting countries, based
on an examination of both domestic and export subsidies subject
to reduct
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ion in the Agreement on Agriculture.
(4) Announcement of reduction.--The Secretary shall
announce any loan rate reduction to be made under this
subsection as far in advance as is practicable.
(d) Term of Loans.--
(1) In general.--A loan under this section during any
fiscal year shall be made available not earlier than the
beginning of the fiscal year and shall mature at the earlier
of--
(A) the end of the 9-month period beginning on the
first day of the first month after the month in which
the loan is made; or
(B) the end of the fiscal year in which the loan is
made.
(2) Supplemental loans.--In the case of a loan made under
this section in the last 3 months of a fiscal year, the
processor may repledge the sugar as collateral for a second
loan in the subsequent fiscal year, except that the second loan
shall--
(A) be made at the loan rate in effect at the time
the second loan is made; and
(B) mature in 9 months less the quantity of time
that the first loan was in effect.
(e) Loan Type; Processor Assurances.--
(1) Nonrecourse loans.--The Secretary shall carry out this
section through the use of nonrecourse loans.
(2) Processor assurances.--
(A) In general.--The Secretary shall obtain from
each processor that receives a loan under this section
such assurances as the Secretary considers adequate to
ensure that the processor will provide payments to
producers that are proportional to the value of the
loan received by the processor for sugar beets and
sugarcane delivered by producers served by the
processor.
(B) Minimum payments.--The Secretary may establish
appropriate minimum payments for purposes of this
paragraph.
(3) Administration.--The Secretary may not impose or
enforce any prenotification or similar administrative
requirement that has the effect of preventing a processor from
choosing to forfeit the loan collateral on the maturity of the
loan.
(f) Loans for In-Process Sugar.--
(1) Definition of in-process sugars and syrups.--In this
subsection, the term ``in-process sugars and syrups'' does not
include raw sugar, liquid sugar, invert sugar, invert syrup, or
other finished product that is otherwise eligible for a loan
under subsection (a) or (b).
(2) Availability.--The Secretary shall make nonrecourse
loans available to processors of a crop of domestically grown
sugarcane and sugar beets for in-process sugars and syrups
derived from the crops.
(3) Loan rate.--The loan rate shall be equal to 80 percent
of the loan rate applicable to raw cane sugar or refined beet
sugar, as determined on the basis of the source material for
the in-process sugars and syrups.
(4) Further processing on forfeiture.--
(A) In general.--As a condition on the forfeiture
of in-process sugars and syrups serving as collateral
for a loan under paragraph (2), the processor shall,
within such reasonable time period as the Secretary may
prescribe and at no cost to the Commodity Credit
Corporation, convert the in-process sugars and syrups
into raw cane sugar or refined beet sugar of acceptable
grade and quality for sugars eligible for loans under
subsection (a) or (b).
(B) Transfer to corporation.--Once the in-process
sugars and syrups are fully processed into raw cane
sugar or refined beet sugar, the processor shall
transfer the sugar to the Corporation.
(C) Payment to processor.--Subject to subsection
(g), on transfer of the sugar, the Secretary shall make
a payment to the processor in an amount equal to the
difference between--
(i) the loan rate for raw cane sugar or
refined beet sugar, as appropriate; and
(ii) the loan rate the processor received
under paragraph (1).
(5) Loan conversion.--If the processor does not forfeit the
collateral as described in paragraph (4), but instead further
processes the in-process sugars and syrups into raw cane sugar
or refined beet sugar and repays the loan on the in-process
sugars and syrups, the processor may obtain a loan under
subsection (a) or (b) on the raw cane sugar or refined beet
sugar, as appropriate.
(g) Forfeiture Penalty.--
(1) In general.--A penalty shall be assessed on the
forfeiture of any sugar pledged as collateral for a nonrecourse
loan under this section.
(2) Cane sugar.--The penalty for cane sugar shall be 1 cent
per pound.
(3) Beet sugar.--The penalty for beet sugar shall bear the
same relation to the penalty for cane sugar as the marketing
assessment for sugar beets bears to the marketing assessment
for sugarcane.
(4) Effect of forfeiture.--Any payments owed producers by a
processor that forfeits any sugar pledged as collateral for a
nonrecourse loan shall be reduced in proportion to the loan
forfeiture penalty incurred by the processor.
(h) Information Reporting.--
(1) Duty of processors and refiners to report.--A sugarcane
processor, cane sugar refiner, and sugar beet processor shall
furnish the Secretary, on a monthly basis, such information as
the Secretary may require to administer sugar programs,
including the quantity of purchases of sugarcane, sugar beets,
and sugar, and production, importation, distribution, and stock
levels of sugar.
(2) Duty of producers to report.--
(A) Proportionate share states.--The Secretary
shall require a producer of sugarcane located in a
State (other than Puerto Rico) in which there are in
excess of 250 producers of sugarcane to report, in the
manner prescribed by the Secretary, the sugarcane
yields and acres planted to sugarcane of the producer.
(B) Other states.--The Secretary may require each
producer of sugarcane or sugar beets not covered by
paragraph (1) to report, in a manner prescribed by the
Secretary, the yields and acres planted to sugarcane or
sugar beets, respectively, of the producer.
(3) Duty of importers to report.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall require an importer of sugars,
syrups, or molasses to be used for human consumption or
to be used for the extraction of sugar for human
consumption to report, in the manner prescribed by the
Secretary, the quantities of the products imported by
the importer and the sugar content or equivalent of the
products.
(B) Tariff-rate quotas.--Subparagraph (A) shall not
apply to sugars, syrups, or molasses that are within
the quantities of tariff-rate quotas that are at the
lower rate of duties.
(4) Penalty.--Any person willfully failing or refusing to
furnish the information, or furnishi
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ng willfully any false
information, shall be subject to a civil penalty of not more
than $10,000 for each such violation.
(5) Monthly reports.--Taking into consideration the
information received under this subsection, the Secretary shall
publish on a monthly basis composite data on production,
imports, distribution, and stock levels of sugar.
(i) Avoiding Forfeitures; Corporation Inventory Disposition.--
(1) No cost.--Subject to subsection (e)(3), to the maximum
extent practicable, the Secretary shall operate the program
established under this section at no cost to the Federal
Government by avoiding the forfeiture of sugar to the Commodity
Credit Corporation.
(2) Inventory disposition.--
(A) In general.--To carry out paragraph (1), the
Commodity Credit Corporation may accept bids to obtain
raw cane sugar or refined beet sugar in the inventory
of the Corporation from (or otherwise make available
such commodities, on appropriate terms and conditions,
to) processors of sugarcane and processors of sugar
beets (acting in conjunction with the producers of the
sugarcane or sugar beets processed by the processors)
in return for the reduction of production of raw cane
sugar or refined beet sugar, as appropriate.
(B) Additional authority.--The authority provided
under this paragraph is in addition to any authority of
the Corporation under any other law.
(j) Crops.--This section shall be effective only for the 1996
through 2006 crops of sugar beets and sugarcane.
SEC. 162. STORAGE FACILITY LOANS.
(a) In General.--Notwithstanding any other provision of law and as
soon as practicable after the date of the enactment of this Act, the
Commodity Credit Corporation shall amend part 1436 of title 7, Code of
Federal Regulations, to establish a sugar storage facility loan program
to provide financing for processors of domestically-produced sugarcane
and sugar beets to build or upgrade storage and handling facilities for
raw sugars and refined sugars.
(b) Eligible Processors.--A storage facility loan shall be made
available to any processor of domestically produced sugarcane or sugar
beets that (as determined by the Secretary of Agriculture)--
(1) has a satisfactory credit history;
(2) has a need for increased storage capacity, taking into
account the effects of marketing allotments); and
(3) demonstrates an ability to repay the loan.
(c) Term of Loans.--A storage facility loan shall--
(1) have a minimum term of 7 of seven years; and
(2) be in such amounts and on such terms and conditions
(including down payment, security requirements, and eligible
equipment) as are normal, customary, and appropriate for the
size and commercial nature of the borrower.
SEC. 163. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.
(a) Information Reporting.--Section 359a of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359aa) is repealed.
(b) Estimates.--Section 359b of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359bb) is amended--
(1) in the section heading--
(A) by inserting ``flexible'' before ``marketing'';
and
(B) by striking ``and crystalline fructose'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Before'' and inserting
``Not later than August 1 before'';
(ii) by striking ``1992 through 1998'' and
inserting ``2002 through 2006'';
(iii) in subparagraph (A), by striking
``(other than sugar'' and all that follows
through ``stocks'';
(iv) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (E), respectively;
(v) by inserting after subparagraph (A) the
following:
``(B) the quantity of sugar that would provide for
reasonable carryover stocks;'';
(vi) in subparagraph (C) (as so
redesignated)--
(I) by striking ``or'' and all that
follows through ``beets''; and
(II) by striking ``and'' following
the semicolon;
(vii) by inserting after subparagraph (C)
(as so redesignated) the following:
``(D) the quantity of sugar that will be available
from the domestic processing of sugarcane and sugar
beets; and''; and
(viii) in subparagraph (E) (as so
redesignated)--
(I) by striking ``quantity of
sugar'' and inserting ``quantity of
sugars, syrups, and molasses'';
(II) by inserting ``human'' after
``imported for'' the first place it
appears;
(III) by inserting after
``consumption'' the first place it
appears the following: ``or to be used
for the extraction of sugar for human
consumption'';
(IV) by striking ``year'' and
inserting ``year, whether such articles
are under a tariff-rate quota or are in
excess or outside of a tariff rate
quota''; and
(V) by striking ``(other than
sugar'' and all that follows through
``carry-in stocks'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Exclusion.--The estimates in this section shall not
include sugar imported for the production of polyhydric alcohol
or to be refined and re-exported in refined form or in products
containing sugar.''; and
(D) in paragraph (3) (as so redesignated)--
(i) in the paragraph heading, by striking
``Quarterly reestimates'' and inserting
``Reestimates''; and
(ii) by inserting ``as necessary, but''
after ``a fiscal year'';
(3) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--By the beginning of each fiscal year,
the Secretary shall establish for that fiscal year appropriate
allotments under section 359c for the marketing by processors
of sugar processed from sugar beets and from domestically-
produced sugarcane at a level that the Secretary estimates will
result in no forfeitures of sugar to the Commodity Credit
Corporation under the loan program for sugar established under
section 161 of the Agriculture, Conservation, and Rural
Enhancement Act of 2001.''; and
(B) in paragraph (2), by striking ``or crystalline
fructose'';
(4) by striking subsection (c);
(5) by redesignating subsecti
2000
on (d) as subsection (c); and
(6) in subsection (c) (as so redesignated)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(C) in paragraph (2) (as so redesignated)--
(i) by striking ``or manufacturer'' and all
that follows through ``(2)''; and
(ii) by striking ``or crystalline
fructose''.
(c) Establishment.--Section 359c of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359cc) is amended--
(1) in the section heading, by inserting ``flexible'' after
``of'';
(2) in subsection (a), by inserting ``flexible'' after
``establish'';
(3) in subsection (b)--
(A) in paragraph (1)(A), by striking ``1,250,000''
and inserting ``1,532,000''; and
(B) in paragraph (2), by striking ``to the maximum
extent practicable'';
(4) by striking subsection (c) and inserting the following:
``(c) Marketing Allotment for Sugar Derived from Sugar Beets and
Sugar Derived from Sugarcane.--The overall allotment quantity for the
fiscal year shall be allotted among--
``(1) sugar derived from sugar beets by establishing a
marketing allotment for a fiscal year at a quantity equal to
the product of multiplying the overall allotment quantity for
the fiscal year by 54.35 percent; and
``(2) sugar derived from sugarcane by establishing a
marketing allotment for a fiscal year at a quantity equal to
the product of multiplying the overall allotment quantity for
the fiscal year by 45.65 percent.'';
(5) by striking subsection (d) and inserting the following:
``(d) Filling Cane Sugar and Beet Sugar Allotments.--
``(1) Cane sugar.--Each marketing allotment for cane sugar
established under this section may only be filled with sugar
processed from domestically grown sugarcane.
``(2) Beet sugar.--Each marketing allotment for beet sugar
established under this section may only be filled with sugar
domestically processed from sugar beets.'';
(6) by striking subsection (e);
(7) by redesignating subsection (f) as subsection (e);
(8) in subsection (e) (as so redesignated)--
(A) by striking ``The allotment'' and inserting the
following:
``(1) In general.--The allotment'';
(B) in paragraph (1) (as so redesignated)--
(i) by striking ``the 5'' and inserting
``the'';
(ii) by inserting after ``sugarcane is
produced,'' the following: ``after a hearing
(if requested by the affected sugar cane
processors and growers) and on such notice as
the Secretary by regulation may prescribe,'';
and
(iii) by striking ``on the basis of past
marketings'' and all that follows through
``allotments'' and inserting ``as provided in
this subsection and section
359d(a)(2)(A)(iv)''; and
(C) by inserting after paragraph (1) (as so
designated) the following:
``(2) Offshore allotment.--
``(A) Collectively.--Prior to the allotment of
sugar derived from sugarcane to any other State,
325,000 short tons, raw value shall be allotted to the
offshore States.
``(B) Individually.--The collective offshore State
allotment provided for under subparagraph (A) shall be
further allotted among the offshore States in which
sugarcane is produced, after a hearing (if requested by
the affected sugar cane processors and growers) and on
such notice as the Secretary by regulation may
prescribe, in a fair and equitable manner on the basis
of--
``(i) past marketings of sugar, based on
the average of the 2 highest years of
production of raw cane sugar from the 1996
through 2000 crops;
``(ii) the ability of processors to market
the sugar covered under the allotments for the
crop year; and
``(iii) past processings of sugar from
sugarcane based on the 3-year average of the
crop years 1998 through 2000.
``(3) Mainland allotment.--The allotment for sugar derived
from sugarcane, less the amount provided for under paragraph
(2), shall be allotted among the mainland States in the United
States in which sugarcane is produced, after a hearing (if
requested by the affected sugar cane processors and growers)
and on such notice as the Secretary by regulation may
prescribe, in a fair and equitable manner on the basis of--
``(A) past marketings of sugar, based on the
average of the 2 highest years of production of raw
cane sugar from the 1996 through 2000 crops;
``(B) the ability of processors to market the sugar
covered under the allotments for the crop year; and
``(C) past processings of sugar from sugarcane,
based on the 3 crop years with the greatest processings
(in the mainland States collectively) during the 1991
through 2000 crop years.'';
(9) by inserting after subsection (e) (as so redesignated)
the following:
``(f) Filling Cane Sugar Allotments.--Except as provided in section
359e, a State cane sugar allotment established under subsection (e) for
a fiscal year may be filled only with sugar processed from sugarcane
grown in the State covered by the allotment.'';
(10) in subsection (g)--
(A) in paragraph (1), by striking ``359b(a)(2)--''
and all that follows through the comma at the end of
subparagraph (C) and inserting ``359b(a)(3), adjust
upward or downward marketing allotments in a fair and
equitable manner'';
(B) in paragraph (2), by striking ``359f(b)'' and
inserting ``359f(c)''; and
(C) in paragraph (3)--
(i) in the paragraph heading, by striking
``Reductions'' and inserting ``Carry-over of
reductions'';
(ii) by inserting after ``this subsection,
if'' the following: ``at the time of the
reduction'';
(iii) by striking ``price support'' and
inserting ``nonrecourse'';
(iv) by striking ``206'' and all that
follows through ``the allotment'' and inserting
``151 of the Agriculture, Conservation, and
Rural Enhancement Act of 2001,''; and
(v) by striking ``, if any,''; and
(11) by striking subsection (h) and inserting the
following:
``(h) Suspension of Allotments.--Whenever the Secretary estimates
or reestimates under section 359b(a), or has reason to believe, that
imports of sugars, syrups or molasses for human consumption or to be
used for the extraction of sugar for human consumption, wheth
2000
er under a
tariff-rate quota or in excess or outside of a tariff-rate quota, will
exceed 1,532,000 short tons (raw value equivalent), and that the
imports would lead to a reduction of the overall allotment quantity,
the Secretary shall suspend the marketing allotments until such time as
the imports have been restricted, eliminated, or reduced to or below
the level of 1,532,000 short tons (raw value equivalent).''.
(d) Allocation.--Section 359d(a)(2) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359dd(a)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking ``The Secretary'' and inserting the
following:
``(i) In general.--The Secretary'';
(B) in the first sentence of clause (i) (as so
designated)--
(i) by striking ``interested parties'' and
inserting ``the affected sugar cane processors
and growers''; and
(ii) by striking ``by taking'' and all that
follows through ``allotment allocated.'' and
inserting ``under this subparagraph.''; and
(C) by inserting after clause (i) the following:
``(ii) Multiple processor states.--Except
as provided in clauses (iii) and (iv), the
Secretary shall allocate the allotment for cane
sugar among multiple cane sugar processors in a
single State based on--
``(I) past marketings of sugar,
based on the average of the 2 highest
years of production of raw cane sugar
from among the 1996 through 2000 crops;
``(II) the ability of processors to
market sugar covered by that portion of
the allotment allocated for the crop
year; and
``(III) past processings of sugar
from sugarcane, based on the average of
the 3 highest years from among the 1996
through 2000 crop years.
``(iii) Talisman processing facility.--In
the case of allotments under clause (ii)
attributable to the former operations of the
Talisman processing facility, the Secretary
shall allocate the allotment among processors
in the State under clause (i) in accordance
with the agreements of March 25 and 26, 1999,
between the affected processors and the
Department of the Interior.
``(iv) Proportionate share states.--In the
case of States subject to section 359f(c), the
Secretary shall allocate the allotment for cane
sugar among multiple cane sugar processors in a
single state based on--
``(I) past marketings of sugar,
based on the average of the 2 highest
years of production of raw cane sugar
from among the 1997 through 2001 crop
years;
``(II) the ability of processors to
market sugar covered by that portion of
the allotments allocated for the crop
year; and
``(III) past processings of sugar
from sugarcane, based on the average of
the 2 highest crop years from the 1997
through 2001 crop years.
``(v) New entrants.--
``(I) In general.--Notwithstanding
clauses (ii) and (iii), the Secretary,
on application of any processor that
begins processing sugarcane on or after
the date of enactment of this clause,
and after a hearing (if requested by
the affected sugarcane processors and
growers) and on such notice as the
Secretary by regulation may prescribe,
may provide the processor with an
allocation that provides a fair,
efficient and equitable distribution of
the allocations from the allotment for
the State in which the processor is
located.
``(II) Proportionate share
states.--In the case of proportionate
share States, the Secretary shall
establish proportionate shares in a
quantity sufficient to produce the
sugarcane required to satisfy the
allocations.
``(III) Limitation.--The allotment
for a new processor under this clause
shall not exceed 50,000 short tons (raw
value).
``(vi) Transfer of ownership.--Except as
otherwise provided in section 359f(c)(8), in
the event that a sugarcane processor is sold or
otherwise transferred to another owner, or
closed as part of an affiliated corporate group
processing consolidation, the Secretary shall
transfer the allotment allocation for the
processor to the purchaser, new owner, or
successor in interest, as applicable, of the
processor.''; and
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``The
Secretary'' and inserting the following:
``(i) In general.--The Secretary'';
(B) in clause (i) (as so designated)--
(i) by striking ``interested parties'' and
inserting ``the affected sugar beet processors
and growers''; and
(ii) by striking ``processing capacity''
and all that follows through ``allotment
allocated'' and inserting the following: ``the
marketings of sugar processed from sugar beets
of any or all of the 1996 through 2000 crops,
and such other factors as the Secretary may
consider appropriate after consultation with
the affected sugar beet processors and
growers.''; and
(C) by adding at the end the following:
``(ii) New processors.--In the case of any
processor that has started processing sugar
beets after January 1, 1996, the Secretary
shall provide the processor with an allocation
that provides a fair, efficient and equitable
2000
distribution of the allocations.''.
(e) Reassignment.--Section 359e(b) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359ee(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the ``and''
after the semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B) the
following:
``(C) if after the reassignments, the deficit
cannot be completely eliminated, the Secretary shall
reassign the estimated quantity of the deficit to the
sale of any inventories of sugar held by the Commodity
Credit Corporation; and''; and
(D) in subparagraph (D) (as so redesignated), by
inserting ``and sales'' after ``reassignments''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking the ``and''
after the semicolon;
(B) in subparagraph (B), by striking ``reassign the
remainder to imports.'' and inserting ``use the
estimated quantity of the deficit for the sale of any
inventories of sugar held by the Commodity Credit
Corporation; and''; and
(C) by inserting after subparagraph (B) the
following:
``(C) if after the reassignments and sales, the
deficit cannot be completely eliminated, the Secretary
shall reassign the remainder to imports.''.
(f) Producer Provisions.--Section 359f of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ff) is amended--
(1) in subsection (a)--
(A) in the second sentence, by striking
``processor's allocation'' and inserting ``allocation
to the processor''; and
(B) by adding at the end the following: ``The
arbitration should be completed not more than 45 days
after the request and shall be completed not more than
60 days after the request.'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Sugar Beet Processing Facility Closures.--
``(1) In general.--If a sugar beet processing facility is
closed and the sugar beet growers that previously delivered
beets to the facility desire to deliver their beets to another
processing company, the growers may petition the Secretary to
modify existing allocations to allow the delivery.
``(2) Increased allocation for processing company.--The
Secretary may increase the allocation to the processing company
to which the growers desire to deliver their sugar beets, with
the approval of the processing company, to a level that does
not exceed the processing capacity of the processing company,
to accommodate the change in deliveries.
``(3) Decreased allocation for closed company.--The
increased allocation shall be deducted from the allocation to
the company that owned the processing facility that has been
closed and the remaining allocation will be unaffected.
``(4) Timing.--The determinations of the Secretary on the
issues raised by the petition shall be made within 60 days
after the filing of the petition.''; and
(4) in subsection (c) (as so redesignated)--
(A) in paragraph (3)(A), by striking ``the
preceding 5 years'' and inserting ``the 2 highest years
from among the 1999, 2000, and 2001 crop years'';
(B) in paragraph (4)(A), by striking ``each'' and
all that follows through ``in effect'' and inserting
``the 2 highest of the 1999, 2000, and 2001 crop
years''; and
(C) by inserting after paragraph (7) the following:
``(8) Processing facility closures.--
``(A) In general.--If a sugarcane processing
facility subject to this subsection is closed and the
sugarcane growers that previously delivered sugarcane
to the facility desire to deliver their sugarcane to
another processing company, the growers may petition
the Secretary to modify existing allocations to allow
the delivery.
``(B) Increased allocation for processing
company.--The Secretary may increase the allocation to
the processing company to which the growers desire to
deliver the sugarcane, with the approval of the
processing company, to a level that does not exceed the
processing capacity of the processing company, to
accommodate the change in deliveries;
``(C) Decreased allocation for closed company.--The
increased allocation shall be deducted from the
allocation to the company that owned the processing
facility that has been closed and the remaining
allocation will be unaffected.
``(D) Timing.--The determinations of the Secretary
on the issues raised by the petition shall be made
within 60 days after the filing of the petition.''.
(g) Conforming Amendments.--
(1) Part VII of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 359aa et seq.) is amended by
striking the part heading and inserting the following:
``PART VII--FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR''.
(2) Part VII of subtitle B of title III of the Agricultural
Adjustment Act of 1938 is amended by inserting before section
359a (7 U.S.C. 1359aa) the following:
``SEC. 359. DEFINITIONS.
``In this part:
``(1) Mainland state.--The term `mainland State' means a
State other than an offshore State.
``(2) Offshore state.--The term `offshore State' means a
sugarcane producing State located outside of the continental
United States.
``(3) State.--Notwithstanding section 301, the term `State'
means the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(4) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.''.
(3) Section 359g of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359gg) is amended--
(A) by striking ``359f'' each place it appears and
inserting ``359f(c)'';
(B) in the first sentence of subsection (b), by
striking ``3 consecutive'' and inserting ``5
consecutive''; and
(C) in subsection (c), by inserting ``or adjusted''
after ``share established''.
(4) Section 359j of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359jj) is amended to striking subsection (c).
CHAPTER 3--PEANUTS
SEC. 171. PEANUT PROGRAM.
(a) Quota Peanuts.--
(1) Availability of loans.--The Secretary shall make
nonrecourse loans available to producers of quota peanuts.
(2) Loan rate.--The national average quota loan rate for
quota peanuts shall be $610 per ton.
(3) Inspection, handling, or storage.--The loan amount may
not be reduced by the Secretary by any deductions for
inspection, handling, or storage.
(4) Location and other factors.--The Secretary may make
adjustments in the loan rate for quota peanuts for location of
2000
peanuts and such other factors as are authorized by this
section.
(5) Offers from handlers.--If a producer markets a quota
peanut crop, meeting quality requirements for domestic edible
use, through the marketing association loan for two consecutive
marketing years and the Secretary determines that a handler
provided the producer with a written offer, upon delivery, for
the purchase of the quota peanut crops at a price equal to or
in excess of the quota support price, the producer shall be
ineligible for quota price support for the next marketing year.
The Secretary shall establish the method by which a producer
may appeal a determination under this paragraph regarding
ineligibility for quota price support.
(b) Additional Peanuts.--
(1) In general.--Subject to paragraph (2), the Secretary
shall make nonrecourse loans available to producers of
additional peanuts at such rates as the Secretary finds
appropriate, taking into consideration the demand for peanut
oil and peanut meal, expected prices of other vegetable oils
and protein meals, and the demand for peanuts in foreign
markets.
(2) Limitation.--The Secretary shall establish the support
rate on additional peanuts at a level estimated by the
Secretary to ensure that there are no losses to the Commodity
Credit Corporation on the sale or disposal of the peanuts.
(3) Announcement.--The Secretary shall announce the loan
rate for additional peanuts of each crop not later than
February 15 preceding the marketing year for the crop for which
the loan rate is being determined.
(c) Area Marketing Associations.--
(1) Warehouse storage loans.--
(A) In general.--In carrying out subsections (a)
and (b), the Secretary shall make warehouse storage
loans available in each of the producing areas
(described in section 1446.95 of title 7 of the Code of
Federal Regulations (January 1, 1989)) to a designated
area marketing association of peanut producers that is
selected and approved by the Secretary and that is
operated primarily for the purpose of conducting the
loan activities. The Secretary may not make warehouse
storage loans available to any cooperative that is
engaged in operations or activities concerning peanuts
other than those operations and activities specified in
this section and section 358e of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359a).
(B) Administrative and supervisory activities.--An
area marketing association shall be used in
administrative and supervisory activities relating to
loans and marketing activities under this section and
section 358e of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359a).
(C) Association costs.--Loans made to the
association under this paragraph shall include such
costs as the area marketing association reasonably may
incur in carrying out the responsibilities, operations,
and activities of the association under this section
and section 358e of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359a).
(2) Pools for quota and additional peanuts.--
(A) In general.--The Secretary shall require that
each area marketing association establish pools and
maintain complete and accurate records by area and
segregation for quota peanuts handled under loan and
for additional peanuts placed under loan, except that
separate pools shall be established for Valencia
peanuts produced in New Mexico.
(B) Eligibility to participate in new mexico
pools.--
(i) In general.--Except as provided in
clause (ii), in the case of the 1996 and
subsequent crops, Valencia peanuts not
physically produced in the State of New Mexico
shall not be eligible to participate in the
pools of the State.
(ii) Exception.--A producer of Valencia
peanuts may enter Valencia peanuts that are
produced in Texas into the pools of New Mexico
in a quantity not greater than the average
annual quantity of the peanuts that the
producer entered into the New Mexico pools for
the 1990 through 1995 crops.
(C) Types of peanuts.--Bright hull and dark hull
Valencia peanuts shall be considered as separate types
for the purpose of establishing the pools.
(D) Net gains.--Net gains on peanuts in each pool,
unless otherwise approved by the Secretary, shall be
distributed only to producers who placed peanuts in the
pool and shall be distributed in proportion to the
value of the peanuts placed in the pool by each
producer. Net gains for peanuts in each pool shall
consist of the following:
(i) Quota peanuts.--For quota peanuts, the
net gains over and above the loan indebtedness
and other costs or losses incurred on peanuts
placed in the pool.
(ii) Additional peanuts.--For additional
peanuts, the net gains over and above the loan
indebtedness and other costs or losses incurred
on peanuts placed in the pool for additional
peanuts.
(d) Losses.--Losses in quota area pools shall be covered using the
following sources in the following order of priority:
(1) Transfers from additional loan pools.--The proceeds due
any producer from any pool shall be reduced by the amount of
any loss that is incurred with respect to peanuts transferred
from an additional loan pool to a quota loan pool by the
producer under section 358-1(b)(8) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1358-1(b)(8)).
(2) Producers in same pool.--Further losses in an area
quota pool shall be offset by reducing the gain of any producer
in the pool by the amount of pool gains attributed to the same
producer from the sale of additional peanuts for domestic and
edible export use.
(3) Offset within area.--Further losses in an area quota
pool shall be offset by any gains or profits from additional
peanuts (other than separate type pools established under
subsection (c)(2)(A) for Valencia peanuts produced in New
Mexico) owned or controlled by the Commodity Credit Corporation
in that area and sold for domestic edible use, in accordance
with regulations issued by the Secretary. This paragraph shall
not apply to profits or gains from a farm with 1 acre or less
of peanut production.
(4) First use of marketing assessments.--The Secretary
shall use funds collected under subsection (g) (except funds
attributable to handlers) to offset further losses in area
quota pools. The Secretary shall transfer to the Treasury those
funds collected under subsection (g) and available for use
under this para
2000
graph that the Secretary determines are not
required to cover losses in area quota pools.
(5) Cross compliance.--Further losses in area quota pools,
other than losses incurred as a result of transfers from
additional loan pools to quota loan pools under section 358-
1(b)(8) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1358-1(b)(8)), shall be offset by any gains or profits from
quota pools in other production areas (other than separate type
pools established under subsection (c)(2)(A) for Valencia
peanuts produced in New Mexico) in such manner as the Secretary
shall by regulation prescribe.
(6) Offset generally.--If losses in an area quota pool have
not been entirely offset under the preceding paragraphs,
further losses shall be offset by any gains or profits from
additional peanuts (other than separate type pools established
under subsection (c)(2)(A) for Valencia peanuts produced in New
Mexico) owned or controlled by the Commodity Credit Corporation
and sold for domestic edible use, in accordance with
regulations issued by the Secretary. This paragraph shall not
apply to profits or gains from a farm with 1 acre or less of
peanut production.
(7) Second use of marketing assessments.--The Secretary
shall use funds collected under subsection (g) and attributable
to handlers to offset further losses in area quota pools. The
Secretary shall transfer to the Treasury those funds collected
under subsection (g) and available for use under this paragraph
that the Secretary determines are not required to cover losses
in area quota pools.
(8) Increased assessments.--If use of the authorities
provided in the preceding paragraphs is not sufficient to cover
losses in an area quota pool, the Secretary shall increase the
marketing assessment for producers established under subsection
(g) by such an amount as the Secretary considers necessary to
cover the losses. The increased assessment shall apply only to
quota peanuts in the production area covered by the pool.
Amounts collected under subsection (g) as a result of the
increased assessment shall be retained by the Secretary to
cover losses in that pool.
(e) Disapproval of Quotas.--Notwithstanding any other provision of
law, no loan for quota peanuts may be made available by the Secretary
for any crop of peanuts with respect to which poundage quotas have been
disapproved by producers, as provided for in section 358-1(d) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(d)).
(f) Quality Improvement.--
(1) In general.--With respect to peanuts under loan, the
Secretary shall--
(A) promote the crushing of peanuts at a greater
risk of deterioration before peanuts of a lesser risk
of deterioration;
(B) ensure that all Commodity Credit Corporation
inventories of peanuts sold for domestic edible use
must be shown to have been officially inspected by
licensed Department inspectors both as farmer stock and
shelled or cleaned in-shell peanuts;
(C) continue to endeavor to operate the peanut
program so as to improve the quality of domestic
peanuts and ensure the coordination of activities under
the Peanut Administrative Committee established under
Marketing Agreement No. 146, regulating the quality of
domestically produced peanuts (under the Agricultural
Adjustment Act (7 U.S.C. 601 et seq.), reenacted with
amendments by the Agricultural Marketing Agreement Act
of 1937); and
(D) ensure that any changes made in the peanut
program as a result of this subsection requiring
additional production or handling at the farm level
shall be reflected as an upward adjustment in the
Department loan schedule.
(2) Exports and other peanuts.--The Secretary shall require
that all peanuts in the domestic and export markets fully
comply with all quality standards under Marketing Agreement No.
146.
(g) Marketing Assessment.--
(1) In general.--The Secretary shall provide for a
nonrefundable marketing assessment. The assessment shall be
made on a per pound basis in an amount equal to 1.1 percent for
each of the 1994 and 1995 crops, 1.15 percent for the 1996
crop, and 1.2 percent for each of the 1997 through 2006 crops,
of the national average quota or additional peanut loan rate
for the applicable crop.
(2) First purchasers.--
(A) In general.--Except as provided under
paragraphs (3) and (4), the first purchaser of peanuts
shall--
(i) collect from the producer a marketing
assessment equal to the quantity of peanuts
acquired multiplied by--
(I) in the case of each of the 1994
and 1995 crops, .55 percent of the
applicable national average loan rate;
(II) in the case of the 1996 crop,
.6 percent of the applicable national
average loan rate; and
(III) in the case of each of the
1997 through 2006 crops, .65 percent of
the applicable national average loan
rate;
(ii) pay, in addition to the amount
collected under clause (i), a marketing
assessment in an amount equal to the quantity
of peanuts acquired multiplied by .55 percent
of the applicable national average loan rate;
and
(iii) remit the amounts required under
clauses (i) and (ii) to the Commodity Credit
Corporation in a manner specified by the
Secretary.
(B) Definition of first purchaser.--In this
subsection, the term ``first purchaser'' means a person
acquiring peanuts from a producer except that in the
case of peanuts forfeited by a producer to the
Commodity Credit Corporation, the term means the person
acquiring the peanuts from the Commodity Credit
Corporation.
(3) Other private marketings.--In the case of a private
marketing by a producer directly to a consumer through a retail
or wholesale outlet or in the case of a marketing by the
producer outside of the continental United States, the producer
shall be responsible for the full amount of the assessment and
shall remit the assessment by such time as is specified by the
Secretary.
(4) Loan peanuts.--In the case of peanuts that are pledged
as collateral for a loan made under this section, the producer
portion of the assessment shall be deducted from the proceeds
of the loan. The remainder of the assessment shall be paid by
the first purchaser of the peanuts. For purposes of computing
net gains on peanuts under this section, the reduction in loan
proceeds shall be treated as having been paid to the producer.
(5) Penalties.--If any person fails to collect or remit the
redu
2000
ction required by this subsection or fails to comply with
the requirements for recordkeeping or otherwise as are required
by the Secretary to carry out this subsection, the person shall
be liable to the Secretary for a civil penalty up to an amount
determined by multiplying--
(A) the quantity of peanuts involved in the
violation; by
(B) the national average quota peanut rate for the
applicable crop year.
(6) Enforcement.--The Secretary may enforce this subsection
in the courts of the United States.
(h) Crops.--Subsections (a) through (g) shall be effective only for
the 1996 through 2006 crops of peanuts.
(i) Poundage Quotas.--Sections 358-1, 358b(c), 358c(d), and 358e(i)
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1, 1358b(c),
1358c(d), 1359a(i)) are amended by striking ``2002'' each place it
appears and inserting ``2006''.
Subtitle D--Administration
SEC. 181. ADMINISTRATION.
(a) Use of Commodity Credit Corporation.--The Secretary shall use
the funds, facilities, and authorities of the Commodity to carry out
this title through the Commodity Credit Corporation.
(b) Determinations by Secretary.--A determination made by the
Secretary under this title shall be final and conclusive.
(c) Regulations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary and the Commodity
Credit Corporation, as appropriate, shall promulgate such
regulations as are necessary to implement this title.
(2) Procedure.--The promulgation of the regulations shall
be made without regard to--
(A) the notice and comment provisions of section
553 of title 5, United States Code;
(B) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking; and
(C) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
(d) Protection of Producers.--The protection afforded by section
525 of Public Law 106-170 (7 U.S.C. 7212 note) to producers on a farm
that elect to accelerate the receipt of any payment under a production
flexibility contract payable under subtitle B of title I of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7201 et seq.)
shall apply to the initial payment of counter-cyclical payments made
under section 116(b)(7)(A).
SEC. 182. COMMODITY CREDIT CORPORATION SALES PRICE RESTRICTIONS.
(a) General Sales Authority.--The Commodity Credit Corporation may
sell any commodity owned or controlled by the Corporation at any price
that the Secretary determines will maximize returns to the Corporation.
(b) Nonapplication of Sales Price Restrictions.--Subsection (a)
shall not apply to--
(1) a sale for a new or byproduct use;
(2) a sale of peanuts or oilseeds for the extraction of
oil;
(3) a sale for seed or feed if the sale will not
substantially impair any loan program;
(4) a sale of a commodity that has substantially
deteriorated in quality or as to which there is a danger of
loss or waste through deterioration or spoilage;
(5) a sale for the purpose of establishing a claim arising
out of a contract or against a person that has committed fraud,
misrepresentation, or other wrongful act with respect to the
commodity;
(6) a sale for export, as determined by the Corporation;
and
(7) a sale for other than a primary use.
(c) Presidential Disaster Areas.--
(1) In general.--Notwithstanding subsection (a), on such
terms and conditions as the Secretary may consider in the
public interest, the Corporation may make available any
commodity or product owned or controlled by the Corporation for
use in relieving distress--
(A) in any area in the United States (including the
Virgin Islands) declared by the President to be an
acute distress area because of unemployment or other
economic cause, if the President finds that the use
will not displace or interfere with normal marketing of
agricultural commodities; and
(B) in connection with any major disaster
determined by the President to warrant assistance by
the Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
(2) Costs.--Except on a reimbursable basis, the Corporation
shall not bear any costs in connection with making a commodity
available under paragraph (1) beyond the cost of the commodity
to the Corporation incurred in--
(A) the storage of the commodity; and
(B) the handling and transportation costs in making
delivery of the commodity to designated agencies at 1
or more central locations in each State or other area.
(d) Efficient Operations.--Subsection (a) shall not apply to the
sale of a commodity the disposition of which is desirable in the
interest of the effective and efficient conduct of the operations of
the Corporation because of the small quantity of the commodity
involved, or because of the age, location, or questionable continued
storability of the commodity.
SEC. 183. COMMODITY CERTIFICATES.
(a) In General.--In making in-kind payments under this title, the
Commodity Credit Corporation may--
(1) acquire and use commodities that have been pledged to
the Commodity Credit Corporation as collateral for loans made
by the Corporation;
(2) use other commodities owned by the Commodity Credit
Corporation; and
(3) redeem negotiable marketing certificates for cash under
terms and conditions established by the Secretary.
(b) Methods of Payment.--The Commodity Credit Corporation may make
in-kind payments--
(1) by delivery of the commodity at a warehouse or other
similar facility;
(2) by the transfer of negotiable warehouse receipts;
(3) by the issuance of negotiable certificates, which the
Commodity Credit Corporation shall exchange for a commodity
owned or controlled by the Corporation in accordance with
regulations promulgated by the Corporation; or
(4) by such other methods as the Commodity Credit
Corporation determines appropriate to promote the efficient,
equitable, and expeditious receipt of the in-kind payments so
that a person receiving the payments receives the same total
return as if the payments had been made in cash.
(c) Administration.--
(1) Form.--At the option of a person, the Commodity Credit
Corporation shall make negotiable certificates authorized under
subsection (b)(3) available to the person, in the form of
program payments or by sale, in a manner that the Corporation
determines will encourage the orderly marketing of commodities
pledged as collateral for loans made by the Commodity Credit
Corporation.
(2) Transfer.--A negotiable certificate issued in
accordance with this subsection may be transferred to another
person in accordance with regulations promulgated by the
Secretary.
SEC. 184. AS
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SIGNMENT OF PAYMENTS.
(a) In General.--The provisions of section 8(g) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)), relating
to assignment of payments, shall apply to payments made under this
title.
(b) Notice.--The producers on a farm making the assignment, or the
assignee, shall provide the Secretary with notice, in such manner as
the Secretary may require, of any assignment made under this section.
SEC. 185. SUSPENSION OF PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following provisions
of the Agricultural Adjustment Act of 1938 shall not be applicable to
the 1996 through 2006 crops of loan commodities, peanuts, and sugar and
shall not be applicable to milk during the period beginning on the date
of enactment of this title and ending on December 31, 2006:
(1) Parts II through V of subtitle B of title III (7 U.S.C.
1326-1351).
(2) Subsections (a) through (j) of section 358 (7 U.S.C.
1358).
(3) Subsections (a) through (h) of section 358a (7 U.S.C.
1358a).
(4) Subsections (a), (b), (d), and (e) of section 358d (7
U.S.C. 1359).
(5) Part VII of subtitle B of title III (7 U.S.C. 1359aa-
1359jj), but only with respect to sugar marketings through
fiscal year 2002.
(6) In the case of peanuts, part I of subtitle C of title
III (7 U.S.C. 1361-1368).
(7) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(8) Subtitle D of title III (7 U.S.C. 1379a-1379j).
(9) Title IV (7 U.S.C. 1401-1407).
(b) Agricultural Act of 1949.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 1996 through
2006 crops of loan commodities, peanuts, and sugar and shall not be
applicable to milk during the period beginning on the date of enactment
of this title and ending on December 31, 2006:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447-1449).
(10) Title IV (7 U.S.C. 1421-1433d), other than sections
404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461-1469).
(12) Title VI (7 U.S.C. 1471-1471j).
(c) Suspension of Certain Quota Provisions.--The joint resolution
entitled ``A joint resolution relating to corn and wheat marketing
quotas under the Agricultural Adjustment Act of 1938, as amended'',
approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable
to the crops of wheat planted for harvest in the calendar years 1996
through 2006.
SEC. 186. CONFORMING AMENDMENTS.
(a) Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308)
is amended--
(1) in paragraph (2)--
(A) by inserting ``or title I of the Agriculture,
Conservation, and Rural Enhancement Act of 2001'' after
``the Agricultural Market Transition Act''; and
(B) by inserting ``, or covered commodities,
respectively,'' after ``oilseeds''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Description of payments subject to limitation.--The
payments referred to in paragraph (2) are the following:
``(A) Any gain realized by a producer from repaying
a marketing assistance loan under section 131 of the
Agricultural Market Transition Act (7 U.S.C. 7231) or
section 111 of the Agriculture, Conservation, and Rural
Enhancement Act of 2001 for a crop of any commodity at
a lower level than the original loan rate established
for the commodity under section 132 of the Agricultural
Market Transition Act (7 U.S.C. 7232) or section 132 of
the Agriculture, Conservation, and Rural Enhancement
Act of 2001, respectively.
``(B) Any loan deficiency payment received for a
commodity under section 135 of the Agricultural Market
Transition Act (7 U.S.C. 7235) or section 135 of the
Agriculture, Conservation, and Rural Enhancement Act of
2001.''.
(b) Section 1001C(a) of the Food Security Act of 1985 (7 U.S.C.
1308-3(a)) is amended by inserting ``title I of the Agriculture,
Conservation, and Rural Enhancement Act of 2001,'' after ``the
Agricultural Market Transition Act,''.
(c) The Federal Crop Insurance Act is amended--
(1) in section 506(h)(3) (7 U.S.C. 1506(h)(3)--
(A) by striking ``section 196 of the Agricultural
Market Transition Act (7 U.S.C. 7333)'' and inserting
``section 192 of the Agriculture, Conservation, and
Rural Enhancement Act of 2001''; and
(B) by striking ``such section 196'' and inserting
``section 192 of that Act'';
(2) in section 508(b)(7)(A) (7 U.S.C. 1508(b)(7)(A)), by
inserting ``or title I of the Agriculture, Conservation, and
Rural Enhancement Act of 2001'' after ``the Agricultural Market
Transition Act'';
(3) in section 508A(e) (7 U.S.C. 1508a(e)), by striking
``section 196 of the Agricultural Market Transition Act (7
U.S.C. 7333)'' and inserting ``section 192 of the Agriculture,
Conservation, and Rural Enhancement Act of 2001'';
(4) in section 515(h)(3)(B) (7 U.S.C. 1515(h)(3)(B)), is
amended by striking clause (ii) and inserting the following:
``(ii) The Agricultural Market Transition
Act (7 U.S.C. 7201 et seq.) and title I of the
Agriculture, Conservation, and Rural
Enhancement Act of 2001, including the
noninsured crop disaster assistance program.'';
and
(5) in section 522(d)(1) (7 U.S.C. 1522(d)(1)), by striking
``section 196 of the Agricultural Market Transition Act (7
U.S.C. 7333)'' and inserting ``section 192 of the Agriculture,
Conservation, and Rural Enhancement Act of 2001''.
(d) Title I of the Federal Agriculture Improvement and Reform Act
of 1996 is amended--
(1) in subtitle E, by striking sections 163 and 165 (7
U.S.C. 7283, 7285); and
(2) by striking subtitles F, G, and H (7 U.S.C. 7301 et
seq.), other than section 191 (7 U.S.C. 7331).
(e) Section 385 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7334) is amended--
(1) in subsection (a), by inserting ``, or base acres under
title I of the Agriculture, Conservation, and Rural Enhancement
Act of 2001,''; and
(2) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) the termination of--
``(A) any contract acreage and production
flexibility contract under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.); and
``(B) any base acres and contract under title I of
the Agriculture, Conservation, and Rural Enhancement
Act of 2001;''; and
(3) in subsection (c), by inserting ``and title I of the
Agriculture, Conservation, and Rural Enhancement Act of 2001''
after ``Agricultural Market Transition Act''.
(f) Section 1211(1)(A) of the Food Security Act of 1985 (16 U.S.C.
3811(1)(A)) is amended by inserting ``title I of the Agriculture,
Conservation, and Rural Enhancement
2000
Act of 2001,'' after ``the
Agricultural Market Transition Act,''.
(g) Section 1221(b)(1) of the Food Security Act of 1985 (16 U.S.C.
3811(1)(A)) is amended by inserting ``title I of the Agriculture,
Conservation, and Rural Enhancement Act of 2001,'' after ``the
Agricultural Market Transition Act,''.
(h) Section 519(b)(1) of the Controlled Substances Act (21 U.S.C.
889(b)(1)) is amended by inserting ``the Agricultural Market Transition
Act, (7 U.S.C. 7201 et seq.), title I of the Agriculture, Conservation,
and Rural Enhancement Act of 2001,'' after ``the Agricultural Act of
1949 (7 U.S.C. 1421 et seq.),''.
(i) Section 3720B(a) of title 31, United States Code, is amended by
inserting ``or subtitle B of title I of the Agriculture, Conservation,
and Rural Enhancement Act of 2001'' after ``the Agricultural Market
Transition Act (7 U.S.C. 7231 et seq.)''.
(j) Effective January 1, 2004, the Agricultural Market Transition
Act (7 U.S.C. 7201 et seq.) is repealed.
SEC. 187. EFFECT OF AMENDMENTS.
(a) Effect on Prior Crops.--Except as otherwise specifically
provided in this title and notwithstanding any other provision of law,
this title and the amendments made by this title shall not affect the
authority of the Secretary to carry out a price support or production
adjustment program for any of the 1996 through 2001 crops of an
agricultural commodity established under a provision of law in effect
immediately before the date of enactment of this title.
(b) Liability.--A provision of this title or an amendment made by
this title shall not affect the liability of any person under any
provision of law as in effect before the date of enactment of this
title.
Subtitle E--Miscellaneous Commodity Provisions
SEC. 191. RISK MANAGEMENT EDUCATION.
(a) In General.--In consultation with the Commodity Futures Trading
Commission, the Secretary shall provide such education in management of
the financial risks inherent in the production and marketing of
agricultural commodities as the Secretary considers appropriate.
(b) Programs.--As part of the educational activities, the Secretary
may develop and implement programs to facilitate the participation of
agricultural producers in--
(1) commodity futures trading programs;
(2) forward contracting options; and
(3) insurance protection programs by assisting and training
producers in the usage of the programs.
(c) Existing Authorities and Resources.--In implementing this
section, the Secretary may use existing research and extension
authorities and resources of the Department of Agriculture.
SEC. 192. ADMINISTRATION AND OPERATION OF NONINSURED CROP ASSISTANCE
PROGRAM.
(a) Operation and Administration of Program.--
(1) In general.--In the case of an eligible crop described
in paragraph (2), the Secretary, acting through the Farm
Service Agency (referred to in this section as the ``Agency''),
shall operate a noninsured crop disaster assistance program to
provide coverage equivalent to the catastrophic risk protection
otherwise available under section 508(b) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)).
(2) Eligible crops.--
(A) In general.--In this section, the term
``eligible crop'' means each commercial crop or other
agricultural commodity (except livestock)--
(i) for which catastrophic risk protection
under section 508(b) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)) is not
available; and
(ii) that is produced for food or fiber.
(B) Crops specifically included.--The term
``eligible crop'' shall include floricultural,
ornamental nursery, and Christmas tree crops, turfgrass
sod, seed crops, aquaculture (including ornamental
fish), and industrial crops.
(C) Combination of similar types or varieties.--At
the option of the Secretary, all types or varieties of
a crop or commodity, described in subparagraphs (A) and
(B), may be considered to be a single eligible crop
under this section.
(3) Cause of loss.--To qualify for assistance under this
section, the losses of the noninsured commodity shall be due to
drought, flood, or other natural disaster, as determined by the
Secretary.
(b) Application for Noninsured Crop Disaster Assistance.--
(1) Timely application.--
(A) In general.--To be eligible for assistance
under this section, a producer shall submit an
application for noninsured crop disaster assistance at
a local office of the Department.
(B) Administration.--The application shall be in
such form, contain such information, and be submitted
not later than 30 days before the beginning of the
coverage period, as determined by the Secretary.
(2) Records.--To be eligible for assistance under this
section, a producer shall provide annually to the Secretary
records of crop acreage, yields, and production for each crop,
as required by the Secretary.
(3) Acreage reports.--A producer shall provide annual
reports on acreage planted or prevented from being planted, as
required by the Secretary, by the designated acreage reporting
date for the crop and location as established by the Secretary.
(c) Loss Requirements.--
(1) Cause.--To be eligible for assistance under this
section, a producer of an eligible crop shall have suffered a
loss of a noninsured commodity as the result of a cause
described in subsection (a)(3).
(2) Assistance.--On making a determination described in
subsection (a)(3), the Secretary shall provide assistance under
this section to producers of an eligible crop that have
suffered a loss as a result of the cause described in
subsection (a)(3).
(3) Prevented planting.--Subject to paragraph (1), the
Secretary shall make a prevented planting noninsured crop
disaster assistance payment if the producer is prevented from
planting more than 35 percent of the acreage intended for the
eligible crop because of drought, flood, or other natural
disaster, as determined by the Secretary.
(4) Area trigger.--The Secretary shall provide assistance
to individual producers without any requirement of an area
loss.
(d) Payment.--The Secretary shall make available to a producer
eligible for noninsured assistance under this section a payment
computed by multiplying--
(1) the quantity that is less than 50 percent of the
established yield for the crop; by
(2)(A) in the case of each of the 1996 through 1998 crop
years, 60 percent of the average market price for the crop (or
any comparable coverage determined by the Secretary); or
(B) in the case of each of the 1999 and subsequent crop
years, 55 percent of the average market price for the crop (or
any comparable coverage determined by the Secretary); by
(3) a payment rate for the type of crop (as determined by
the Secretary) that--
(A) in the case of a crop that is produced with a
significant and variable harvesting expense, reflects
the decreasing cost incurred in the production cycle
for the crop that is--
(i) harvested;
(ii) planted but not harvested; and
(iii) prevented from being planted because
2000
of drought, flood, or other natural disaster
(as determined by the Secretary); and
(B) in the case of a crop that is not produced with
a significant and variable harvesting expense, as
determined by the Secretary.
(e) Yield Determinations.--
(1) Establishment.--The Secretary shall establish farm
yields for purposes of providing noninsured crop disaster
assistance under this section.
(2) Actual production history.--
(A) In general.--The Secretary shall determine
yield coverage using the actual production history of
the producer over a period of not less than the 4
previous consecutive crop years and not more than 10
consecutive crop years.
(B) Quantity.--Subject to paragraph (3), the yield
for the year in which noninsured crop disaster
assistance is sought shall be equal to the average of
the actual production history of the producer during
the period considered.
(3) Assignment of yield.--If a producer does not submit
adequate documentation of production history to determine a
crop yield under paragraph (2), the Secretary shall assign to
the producer a yield equal to not less than 65 percent of the
transitional yield of the producer (adjusted to reflect actual
production reflected in the records acceptable to the Secretary
for continuous years), as specified in regulations issued by
the Secretary based on production history requirements.
(4) Prohibition on assigned yields in certain counties.--
(A) In general.--
(i) Documentation.--
(I) In general.--If sufficient data
are available to demonstrate that the
acreage of a crop in a county for the
crop year has increased by more than
100 percent over any year in the
preceding 7 crop years or, if data are
not available, if the acreage of the
crop in the county has increased
significantly from the previous crop
years, a producer must provide such
detailed documentation of production
costs, acres planted, and yield for the
crop year for which benefits are being
claimed as is required by the
Secretary.
(II) Insufficient documentation.--
If the Secretary determines that the
documentation provided is not
sufficient, the Secretary may require
documenting proof that the crop, had
the crop been harvested, could have
been marketed at a reasonable price.
(ii) Prohibition.--Except as provided in
subparagraph (B), a producer that produces a
crop on a farm located in a county described in
clause (i) may not obtain an assigned yield.
(B) Exception.--A crop or a producer shall not be
subject to this subsection if--
(i) the planted acreage of the producer for
the crop has been inspected by a third party
acceptable to the Secretary; or
(ii)(I) the County Executive Director and
the State Executive Director recommend an
exemption from the requirement to the
Administrator of the Agency; and
(II) the Administrator approves the
recommendation.
(5) Limitation on receipt of subsequent assigned yield.--A
producer that receives an assigned yield for the current year
of a natural disaster because required production records were
not submitted to the local office of the Department shall not
be eligible for an assigned yield for the year of the next
natural disaster unless the required production records of the
previous 1 or more years (as applicable) are provided to the
local office.
(6) Yield variations due to different farming practices.--
The Secretary shall ensure that noninsured crop disaster
assistance accurately reflects significant yield variations due
to different farming practices, such as between irrigated and
nonirrigated acreage.
(f) Contract Payments.--A producer that has received a guaranteed
payment for production, as opposed to delivery, of a crop pursuant to a
contract shall have the production of the producer adjusted upward by
the amount of the production equal to the amount of the contract
payment received.
(g) Use of Commodity Credit Corporation.--The Secretary may use the
funds of the Commodity Credit Corporation to carry out this section.
(h) Exclusions.--Noninsured crop disaster assistance under this
section shall not cover losses due to--
(1) the neglect or malfeasance of the producer;
(2) the failure of the producer to reseed to the same crop
in those areas and under such circumstances where it is
customary to reseed; or
(3) the failure of the producer to follow good farming
practices, as determined by the Secretary.
(i) Payment and Income Limitations.--
(1) Definitions.--In this subsection:
(A) Person.--
(i) In general.--The term ``person'' has
the meaning provided the term in regulations
issued by the Secretary.
(ii) Administration.--The regulations shall
conform, to the extent practicable, to the
regulations defining the term ``person'' issued
under section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308).
(B) Qualifying gross revenues.--The term
``qualifying gross revenues'' means--
(i) if a majority of the gross revenue of
the person is received from farming, ranching,
and forestry operations, the gross revenue from
the farming, ranching, and forestry operations
of the person; and
(ii) if less than a majority of the gross
revenue of the person is received from farming,
ranching, and forestry operations, the gross
revenue of the person from all sources.
(2) Payment limitation.--The total amount of payments that
a person shall be entitled to receive annually under this
section may not exceed $100,000.
(3) Limitation on multiple benefits for same loss.--
(A) In general.--Except as provided in subparagraph
(B), if a producer that is eligible to receive benefits
under this section is also eligible to receive
assistance for the same loss under any other program
administered by the Secretary, the producer shall be
required to elect whether to receive benefits under
this section or under the other pro
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gram, but not both.
(B) Exception.--Subparagraph (A) shall not apply to
emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et seq.).
(4) Income limitation.--A person that has qualifying gross
revenues in excess of the amount specified in section 2266(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 1421 note) (as in effect on November 28, 1990) during
the taxable year (as determined by the Secretary) shall not be
eligible to receive any noninsured assistance payment under
this section.
(5) Regulations.--The Secretary shall issue regulations
prescribing such rules as the Secretary determines necessary to
ensure a fair and equitable application of section 1001 of the
Food Security Act of 1985 (7 U.S.C. 1308), the general payment
limitation regulations of the Secretary, and the limitations
established under this subsection.
(j) Service Fee.--
(1) In general.--To be eligible to receive assistance for
an eligible crop for a crop year under this section, a producer
shall pay to the Secretary (at the time at which the producer
submits the application under subsection (b)(1)) a service fee
for the eligible crop in an amount that is equal to the lesser
of--
(A) $100 per crop per county; or
(B) $300 per producer per county, but not to exceed
a total of $900 per producer.
(2) Waiver.--The Secretary shall waive the service fee
required under paragraph (1) in the case of a limited resource
farmer, as defined by the Secretary.
(3) Use.--The Secretary shall deposit service fees
collected under this subsection in the Commodity Credit
Corporation Fund.
TITLE II--CONSERVATION
Subtitle A--Conservation Security
SEC. 201. CONSERVATION SECURITY PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3830 et seq.) is amended by inserting after chapter 1 the following:
``CHAPTER 2--CONSERVATION SECURITY AND FARMLAND PROTECTION
``Subchapter A--Conservation Security Program
``SEC. 1238. DEFINITIONS.
``In this subchapter:
``(1) Base payment.--The term `base payment' means the
amount paid to an owner or operator under a conservation
security contract that is comprised of the sum of the amounts
described in clauses (i) and (ii) of subparagraphs (B), (C), or
(D) of section 1238C(b)(1), as appropriate.
``(2) Bonus amount.--The term `bonus amount' means the
amount paid to an owner or operator under a conservation
security contract consisting of the sum of the amounts
described in clauses (iii) and (iv) of subparagraph (B), of
clause (iii) of subparagraph (C) or (D), of section
1238C(b)(1), as appropriate.
``(3) Conservation practice.--The term `conservation
practice' means a land-based farming technique that--
``(A) requires planning, implementation,
management, and maintenance; and
``(B) promotes 1 or more of the purposes described
in section 1238A(a).
``(4) Conservation security contract.--The term
`conservation security contract' means a contract described in
section 1238A(e).
``(5) Conservation security plan.--The term `conservation
security plan' means a plan described in section 1238A(c).
``(6) Conservation security program.--The term
`conservation security program' means the program established
under section 1238A(a).
``(7) Continuous signup.--The term `continuous signup'
means land enrolled under section 1231(b)(4).
``(8) Indian tribe.--The term `Indian tribe' has the
meaning given the term by section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
``(9) Nutrient management.--The term `nutrient management'
means management of the quantity, source, placement, form, and
timing of the land application of nutrients and other additions
to soil on land enrolled in the conservation security program--
``(A) to achieve or maintain adequate soil
fertility for agricultural production;
``(B) to minimize the potential for loss of
environmental quality, including soil, water, fish and
wildlife habitat, and air and water quality; and
``(C) to reduce energy consumption.
``(10) Resource of concern.--The term `resource of concern'
means a conservation priority of a State and locality under
section 1238A(c)(3).
``(11) Resource-conserving crop.--The term `resource-
conserving crop' means--
``(A) a perennial grass;
``(B) a legume grown for use as--
``(i) forage;
``(ii) seed for planting; or
``(iii) green manure;
``(C) a legume-grass mixture;
``(D) a small grain grown in combination with a
grass or legume, whether interseeded or planted in
succession; and
``(E) such other plantings, including trees and
annual grasses, as the Secretary considers appropriate
for a particular area.
``(12) Resource-conserving crop rotation.--The term
`resource-conserving crop rotation' means a crop rotation
that--
``(A) includes at least 1 resource-conserving crop;
``(B) reduces erosion;
``(C) improves soil fertility and tilth; and
``(D) interrupts pest cycles.
``(13) Resource management system.--The term `resource
management system' means a system of conservation practices and
management relating to land or water use that is designed to
prevent resource degradation and permit sustained use of land
and water, as defined in accordance with the Natural Resources
Conservation Service technical guide.
``(14) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Natural Resources
Conservation Service.
``(15) Tier i conservation practice.--The term `Tier I
conservation practice' means a conservation practice described
in section 1238A(d)(5)(A).
``(16) Tier ii conservation practice.--The term `Tier II
conservation practice' means a conservation practice described
in section 1238A(d)(5)(B).
``(17) Tier iii conservation practice.--The term `Tier III
conservation practice' means a conservation practice described
in section 1238A(d)(5)(C).
``SEC. 1238A. CONSERVATION SECURITY PROGRAM.
``(a) In General.--Beginning in fiscal year 2003, the Secretary
shall establish a conservation security program to assist owners and
operators of agricultural operations to promote, as is applicable for
each operation--
``(1) conservation of soil, water, energy, and other
related resources;
``(2) soil quality protection and improvement;
``(3) water quality protection and improvement;
``(4) air quality protection and improvement;
``(5) soil, plant, or animal health and well-being;
``(6) diversity of flora and fauna;
``(7) on-farm conservation and regeneration of biological
resources, including plant and animal germplasm;
``(8) wetland restoration, conservation, and enhancement;
``(9)
2000
wildlife habitat management, with special emphasis on
species identified by any natural heritage program of the
applicable State;
``(10) reduction of greenhouse gas emissions and
enhancement of carbon sequestration;
``(11) environmentally sound management of invasive
species;
``(12) enhancement of conservation technology and resource
management practices approved by the Secretary; or
``(13) any similar conservation purpose (as determined by
the Secretary).
``(b) Eligibility.--
``(1) Eligible owners and operators.--To be eligible to
participate in the conservation security program (other than to
receive technical assistance under section 1238C(f) for the
development of conservation security contracts), an owner or
operator shall--
``(A) develop and submit to the Secretary, and
obtain the approval of the Secretary of, a conservation
security plan that meets the requirements of subsection
(c)(1); and
``(B) enter into a conservation security contract
with the Secretary to carry out the conservation
security plan.
``(2) Eligible land.--
``(A) In general.--Except as provided in
subparagraph (C)(iii), private agricultural land
(including cropland, grassland, prairie land, pasture
land, and rangeland) shall be eligible for enrollment
in the conservation security program.
``(B) Forested land.--Private forested land shall
be eligible for enrollment in the conservation security
program if the forested land is integrated into the
agricultural operation described in subparagraph (A),
including land that is used for--
``(i) alley cropping;
``(ii) forest farming;
``(iii) forest buffers;
``(iv) windbreaks;
``(v) silvopasture systems; and
``(vi) such other uses as the Secretary may
determine to be appropriate.
``(C) Exclusions.--
``(i) Conservation reserve program.--Land
enrolled in the conservation reserve program
under subchapter B of chapter 1 shall not be
eligible for enrollment in the conservation
security program except for land described in
section 1231(b)(4).
``(ii) Wetlands reserve program.--Land
enrolled in the wetlands reserve program
established under subchapter C of chapter 1
shall not be eligible for enrollment in the
conservation security program.
``(iii) Conversion to cropland.--Land that
is converted to cropland after the date of
enactment of this subchapter shall not be
eligible for enrollment in the conservation
security program.
``(c) Conservation Security Plans.--
``(1) In general.--A conservation security plan shall--
``(A) identify the resources and designated land to
be conserved under the conservation security plan;
``(B) describe--
``(i) the tier of conservation practices,
and the particular conservation practices to be
implemented, maintained, or improved, in
accordance with subsection (d) on the land
covered by the conservation security contract
for the specified term; and
``(ii) as appropriate for the land covered
by the conservation security contract, the
minimum number and scope of conservation
practices described in clause (i) that are
required to be carried out on the land before
the owner or operator is eligible to receive--
``(I) a base payment; and
``(II) a bonus amount, if the owner
or operator implements, maintains, or
improves any conservation practice in
addition to the conservation practices
described in clause (i);
``(C) contain a schedule for the implementation,
maintenance, or improvement of the conservation
practices described in the conservation security plan
during the term of the conservation security contract;
``(D) meet the requirements of the highly erodible
land and wetland conservation requirements of subtitles
B and C; and
``(E) identify sustainable economic uses to be
applied to the land that--
``(i) maintain the agricultural nature of
land; and
``(ii) are consistent with the natural
resource and environmental benefits of the
conservation security plan; and
``(F) contain such other terms as the Secretary
determines to be appropriate.
``(2) Comprehensive planning.--The Secretary shall
encourage owners and operators that enter into conservation
security contracts--
``(A) to undertake a comprehensive examination of
the opportunities for conserving natural resources and
improving the profitability, environmental health, and
quality of life in relation to their entire
agricultural operation;
``(B) to develop a long-term strategy for
implementing, monitoring, and evaluating conservation
practices and environmental results in the entire
agricultural operation;
``(C) to participate in other Federal, State,
local, or private conservation programs;
``(D) to maintain the agricultural integrity of the
land; and
``(E) to adopt innovative conservation technologies
and management practices.
``(3) State and local conservation priorities.--To the
maximum extent practicable and in a manner consistent with the
conservation security program, each conservation security plan
shall address the minimum number of conservation priorities of
the State and locality in which the agricultural operation is
located (as determined by the State conservationist in
consultation with the State technical committee established
under subtitle G and the local subcommittee of the State
technical committee) as the Secretary determines to be
appropriate.
``(4) Submission of plan.--
``(A) In general.--During the development of a
conservation security plan by an owner or operator and
the Secretary, the Secretary shall supply to the owner
or operator a statement of the minimum number, type,
and scope of conservation practices described in
paragraph (1)(B)(ii).
``(B) Approval for base payments.--If a
conservation security plan submitted to the Sec
2000
retary
contains the minimum number, type, and scope of
conservation practices referred to in paragraph
(1)(B)(ii)--
``(i) the Secretary may approve the
conservation security plan; and
``(ii) the owner or operator of the
conservation security plan, on approval of and
compliance with the plan, as determined by the
Secretary, shall be eligible to receive a base
payment.
``(C) Approval for bonus amounts.--If a
conservation security plan submitted to the Secretary
contains a proposal for the implementation,
maintenance, or improvement of a conservation practice
that is greater than the minimum number, type, and
scope of a conservation practice referred to in
paragraph (1)(B)(ii)(I), the Secretary may increase the
base payment of the owner or operator by such bonus
amount as the Secretary determines is appropriate.
``(d) Conservation Practices.--
``(1) In general.--
``(A) Establishment of tiers.--The Secretary shall
establish 3 tiers of conservation practices that are
eligible for payment under a conservation security
contract.
``(B) Eligible conservation practices.--
``(i) In general.--The Secretary shall make
eligible for payment under a conservation
security contract land management, vegetative,
and structural practices that--
``(I) are necessary to achieve the
objectives of the conservation security
plan; and
``(II) primarily provide for and
have as the primary purpose resource
protection and environmental
improvement.
``(ii) Determination.--
``(I) In general.--In determining
the eligibility of a practice described
in clause (i), the Secretary shall
require the lowest cost alternatives be
used to fulfill the objectives of the
conservation security plan.
``(II) Limitation.--Notwithstanding
subclause (I), the adoption of
innovative technologies shall, to the
maximum extent practicable, not be
limited.
``(2) On-farm research and demonstration.--With respect to
land enrolled in the conservation security program that will be
maintained using a Tier II conservation practice or Tier III
conservation practice, the Secretary may approve a conservation
security plan that includes on-farm conservation research and
demonstration activities, including--
``(A) total farm planning;
``(B) total resource management;
``(C) integrated farming systems;
``(D) germplasm conservation and regeneration;
``(E) greenhouse gas reduction and carbon
sequestration;
``(F) agro-ecological restoration and wildlife
habitat restoration;
``(G) agro-forestry;
``(H) invasive species control;
``(I) energy conservation and management;
``(J) farm and environmental results monitoring and
evaluation; or
``(K) participation in research projects relating
to water conservation and management through--
``(i) recycling or reuse of water; or
``(ii) more efficient irrigation of
farmland.
``(3) Use of handbook and guides.--
``(A) In general.--In determining eligible
conservation practices under the conservation security
program, the Secretary shall use the National Handbook
of Conservation Practices and the field office
technical guides of the Natural Resources Conservation
Service.
``(B) Conservation practice standards.--To the
maximum extent practicable, the Secretary shall
establish guidance standards for implementation of
eligible conservation practices that shall include
measurable goals for enhancing and preventing
degradation of resources.
``(C) Adjustments.--
``(i) In general.--After providing notice
and an opportunity for public participation,
the Secretary shall make such adjustments to
the National Handbook of Conservation Practices
as are necessary to carry out this chapter.
``(ii) Effect on plan.--If the Secretary
makes an adjustment to a practice under clause
(i), the Secretary may require an adjustment to
a conservation security plan in effect as of
the date of the adjustment if the Secretary
determines that the plan, without the
adjustment, would significantly interfere with
achieving the purposes of the conservation
security program.
``(D) Pilot testing.--
``(i) In general.--Under any of the 3 tiers
of conservation practices established under
paragraph (5), the Secretary may approve
requests by an owner or operator for pilot
testing of new technologies and innovative
conservation practices and systems.
``(ii) Incorporation into standards.--After
evaluation by the Secretary and provision of
notice and an opportunity for public
participation, the Secretary may incorporate
new technologies and innovative conservation
practices and systems into the standards for
implementation of conservation practices
established under paragraph (1).
``(4) Tiers.--To carry out this subsection, the Secretary
shall establish the following 3 tiers of conservation
practices, the minimum requirements for which shall be
determined by the State conservationist in consultation with
the State technical committee established under subtitle G and
the local subcommittee of the State technical committee:
``(A) Tier i conservation practices.--
``(i) In general.--A conservation security
plan for land enrolled in the conservation
security program that will be maintained using
Tier I conservation practices shall, at a
minimum--
``(I) if applicable, address at
least 1 resource of concern to the
particular agricultural operation;
2000
``(II) apply to the total
agricultural operation or to a
particular unit of the agricultural
operation;
``(III) cover--
``(aa) conservation
practices that are being
implemented as of the date on
which the conservation security
contract is entered into; and
``(bb) conservation
practices that are newly
implemented under the
conservation security contract;
and
``(IV) meet applicable standards
for implementation of conservation
practices established under paragraph
(4).
``(ii) Conservation practices.--Tier I
conservation practices shall consist of, as
appropriate for the agricultural operation of
an owner or operator, 1 or more of the
following basic conservation activities:
``(I) Soil conservation, quality,
and residue management.
``(II) Invasive species management.
``(III) Fish and wildlife habitat
management, with special emphasis on
species identified by any natural
heritage program of the applicable
State or the appropriate State agency.
``(IV) Fish and wildlife
conservation and enhancement.
``(V) Air quality management.
``(VI) Energy conservation
measures.
``(VII) Biological resource
conservation and regeneration.
``(VIII) Animal health management.
``(IX) Plant and animal germplasm
conservation, evaluation, and
development.
``(X) Contour farming.
``(XI) Strip cropping.
``(XII) Cover cropping.
``(XIII) Sediment dams.
``(XIV) Any other conservation
practice that the Secretary determines
to be to be appropriate and comparable
to other conservation practices
described in this clause.
``(iii) Tier ii conservation practices.--A
conservation security plan for land enrolled in
the conservation security program that will be
maintained using Tier I conservation practices
may include Tier II conservation practices.
``(B) Tier ii conservation practices.--
``(i) In general.--A conservation security
plan for land enrolled in the conservation
security program that will be maintained using
Tier II conservation practices shall, at a
minimum--
``(I) address at least 1 resource
of concern, as specified in the
conservation security plan covering the
total agricultural operation;
``(II) cover--
``(aa) conservation
practices that are being
implemented as of the date on
which the conservation security
contract is entered into; and
``(bb) conservation
practices that are newly
implemented under the
conservation security contract;
and
``(III) meet applicable resource
management system criteria for the
chosen resource of concern of the
agricultural operation.
``(ii) Conservation practices.--Tier II
conservation practices shall consist of, as
appropriate for the agricultural operation of
an owner or operator, 1 or more of the
following land use adjustment or protection
practices:
``(I) Resource-conserving crop
rotations.
``(II) Controlled, rotational
grazing.
``(III) Conversion of portions of
cropland from a soil-depleting use to a
soil-conserving use, including
production of cover crops.
``(IV) Partial field conservation
practices (including windbreaks, grass
waterways, shelter belts, filter
strips, riparian buffers, wetland
buffers, contour buffer strips, living
snow fences, crosswind trap strips,
field borders, wildlife corridors, and
critical area planting appropriate to
the agricultural operation).
``(V) Fish and wildlife habitat
conservation and restoration.
``(VI) Native grassland and prairie
protection and restoration.
``(VII) Wetland protection and
restoration.
``(VIII) Agroforestry practices and
systems.
``(IX) Any other conservation
practice involving modification of the
use of land (including advanced till
practices) that the Secretary
determines to be appropriate and
comparable to other conservation
practices described in this clause.
``(C) Tier iii conservation practices.--
``(i) In general.--A conservation security
plan for land enrolled in the conservation
security program that will be maintained using
Tier III conservation practices shall, at a
minimum--
``(I) address all applicable
2000
resources of concern in the total
agricultural operation;
``(II) cover--
``(aa) conservation
practices that are being
implemented as of the date on
which the conservation security
contract is entered into; and
``(bb) conservation
practices that are newly
implemented under the
conservation security contract;
and
``(III) meet applicable resource
management system criteria.
``(ii) Conservation practices.--Tier III
conservation practices shall consist of, as
appropriate for the agricultural operation of
an owner or operator, development,
implementation, and maintenance of a
conservation security plan that, over the term
of the conservation security contract--
``(I) integrates a full complement
of conservation practices to foster
environmental enhancement and the long-
term sustainability of the natural
resource base of an agricultural
operation; and
``(II) improves profitability and
quality of life associated with the
agricultural operation.
``(e) Conservation Security Contracts.--
``(1) Contracts.--
``(A) In general.--On approval of a conservation
security plan of an owner or operator, the Secretary
shall enter into a conservation security contract with
the owner or operator to enroll the land covered by the
conservation security plan in the conservation security
program.
``(B) Required components.--A conservation security
contract shall specifically describe--
``(i) the minimum criteria that an owner or
operator is required to meet to receive a base
payment; and
``(ii) the minimum conservation practices
that an owner or operator is required to
implement, maintain, or improve to receive a
bonus amount.
``(2) Term.--Subject to paragraphs (3) and (4)--
``(A) a conservation security contract for land
enrolled in the conservation security program that will
be maintained using 1 or more Tier I conservation
practices shall have a term of 5 years; and
``(B) a conservation security contract for land
enrolled in the conservation security program that will
be maintained using a Tier II conservation practice or
Tier III conservation practice shall have a 5-year to
10-year term, as determined by the owner or operator.
``(3) Modifications.--
``(A) Optional modifications.--
``(i) In general.--An owner or operator may
apply to the Secretary to modify the
conservation security plan in a manner
consistent with the purposes of the
conservation security program.
``(ii) Approval by the secretary.--To be
effective, any modification under clause (i)--
``(I) shall be approved by the
Secretary; and
``(II) shall authorize the
Secretary to redetermine, if necessary,
the amount and timing of the payments
under the conservation security
contract and section 1238C(b)(1).
``(B) Other modifications.--
``(i) In general.--The Secretary may in
writing require an owner or operator to modify
a conservation security contract before the
expiration of the conservation security
contract if--
``(I) the Secretary determines that
a change made to the type, size,
management, or other aspect of the
agricultural operation of the owner or
operator would, without the
modification of the contract,
significantly interfere with achieving
the purposes of the conservation
security program; or
``(II) the Secretary makes a change
to the National Handbook of
Conservation Practices under subsection
(d)(3)(C).
``(ii) Payments.--The Secretary may adjust
the amount and timing of the payment schedule
under the conservation security contract to
reflect any modifications required under this
subparagraph.
``(iii) Deadline.--The Secretary may
terminate a conservation security contract if a
modification required under this subparagraph
is not submitted to the Secretary in the form
of an amended conservation security contract by
the date that is 90 days after the date on
which the Secretary issues a written request
for the modification.
``(iv) Termination.--An owner or operator
that is required to modify a conservation
security contract under this subparagraph may,
in lieu of modifying the contract--
``(I) terminate the conservation
security contract; and
``(II) retain payments received
under the conservation security
contract, if the owner or operator
fully complied with the terms and
conditions of the conservation security
contract before termination of the
contract.
``(4) Renewal.--
``(A) In general.--At the option of an owner or
operator, the conservation security contract of the
owner or operator may be renewed, for a term described
in subparagraph (B), if--
``(i) the owner or operator agrees to any
modification of the applicable conservation
security contract that the Secretary determines
to be necessary to achieve the purposes of the
2000
conservation security program;
``(ii) the Secretary determines that the
owner or operator has complied with the terms
and conditions of the conservation security
contract, including the conservation security
plan; and
``(iii) in the case of a conservation
security contract for land previously enrolled
using only Tier I conservation practices, the
owner or operator agrees to increase the level
of conservation treatment on land enrolled in
the conservation security program by--
``(I) adopting new conservation
practices; or
``(II) expanding existing practices
to meet the resource management systems
criteria.
``(B) Terms of renewal.--Under subparagraph (A)--
``(i) a conservation security contract for
land enrolled in the conservation security
program that will be maintained using only Tier
I conservation practices may be renewed for 5-
year terms;
``(ii) a conservation security contract for
land enrolled in the conservation security
program that will be maintained using only Tier
II conservation practices or Tier III
conservation practices shall be renewed for 5-
year to 10-year terms, at the option of the
owner or operator; and
``(iii) previous participation in the
conservation security program does not bar
renewal more than once.
``(f) No Violation for Noncompliance Due to Circumstances Beyond
the Control of the Owner or Operator.--The Secretary shall include in
the conservation security contract a provision, and may modify a
conservation security contract under subsection (e)(3)(B), to ensure
that an owner or operator shall not be considered in violation of a
conservation security contract for failure to comply with the
conservation security contract due to circumstances beyond the control
of the owner or operator, including a disaster or related condition, as
determined by the Secretary.
``SEC. 1238B. DUTIES OF OWNERS AND OPERATORS.
``Under a conservation security contract, an owner or operator
shall agree, during the term of the conservation security contract--
``(1) to implement the applicable conservation security
plan approved by the Secretary;
``(2) to keep, and make available to the Secretary at such
times as the Secretary may request, appropriate records showing
the effective and timely implementation of the conservation
security plan;
``(3) not to engage in any activity that would interfere
with the purposes of the conservation security plan; and
``(4) on the violation of a term or condition of the
conservation security contract--
``(A) if the Secretary determines that the
violation warrants termination of the conservation
security contract--
``(i) to forfeit all rights to receive
payments under the conservation security
contract; and
``(ii) to refund to the Secretary all or a
portion of the payments received by the owner
or operator under the conservation security
contract, including any advance payment and
interest on the payments, as determined by the
Secretary; or
``(B) if the Secretary determines that the
violation does not warrant termination of the
conservation security contract, to refund to the
Secretary, or accept adjustments to, the payments
provided to the owner or operator, as the Secretary
determines to be appropriate.
``SEC. 1238C. DUTIES OF THE SECRETARY.
``(a) Advance Payment.--At the time at which an owner or operator
enters into a conservation security contract, the Secretary shall, at
the option of the owner or operator, make an advance payment to the
owner or operator in an amount not to exceed--
``(1) in the case of a contract to maintain Tier I
conservation practices, the greater of--
``(A) $1,000; or
``(B) 20 percent of the value of the annual payment
under the contract, as determined by the Secretary;
``(2) in the case of a contract to maintain Tier II
conservation practices, the greater of--
``(A) $2,000; or
``(B) 20 percent of the value of the annual payment
under the contract, as determined by the Secretary; or
``(3) in the case of a contract to maintain Tier III
conservation practices, the greater of--
``(A) $3,000; or
``(B) 20 percent of the value of the annual payment
under the contract, as determined by the Secretary.
``(b) Annual Payments.--
``(1) Criteria for determining amount of payments.--
``(A) Base rate.--In this paragraph, the term `base
rate' means the average county rental rate for the
specific land use during the 2001 crop year, or another
appropriate average county rate for the 2001 crop year,
as determined by the Secretary.
``(B) Payments.--A payment for a conservation
practice under this paragraph shall be determined in
accordance with subparagraphs (C) through (F).
``(C) Tier i conservation practices.--The payment
for a conservation security contract covering only Tier
I conservation practices shall be comprised of the sum
of the following:
``(i) An amount equal to 6 percent of the
base rate for land covered by the contract.
``(ii) An amount equal to the cost of
practices described in the conservation
security contract, based on average county
costs for practices for the 2001 crop year,
comprised of--
``(I) 100 percent of the cost of
the adoption of new, and the cost of
maintenance of new and existing,
management practices;
``(II) 100 percent of the cost of
maintenance of existing land-based
structural practices approved by the
Secretary; and
``(III)(aa) subject to item (bb),
75 percent of the cost of adoption of
new land-based structural practices
(or, in the case of a limited resource
or beginning farmer or rancher (as
defined in section 343(a) of the
Consolidated Farm and Rural Development
Act (7 U.S.C. 1991(a))), 90 percent of
2000
the cost of that adoption); or
``(bb) in a case in which a
structural practice for which a similar
structural practice under the
environmental quality incentives
program established under chapter 4
would require maintenance, if the owner
or operator agrees to provide, without
reimbursement, substantially equivalent
maintenance, the amount specified in
item (aa).
``(iii) A bonus amount determined by the
Secretary for implementing or adopting 1 or
more of the following practices:
``(I) A practice adopted or
maintained that maximizes the
objectives of the conservation security
program beyond the minimum requirements
of the practices adopted or maintained.
``(II) A practice adopted or
maintained to address eligible resource
and conservation concerns that are not
identified as local conservation
priorities.
``(III) A practice adopted or
maintained to address national priority
concerns, as determined by the
Secretary.
``(IV) Participation by the owner
or operator in a conservation research
project.
``(V) Participation by the owner or
operator in a watershed or regional
resource conservation plan that
involves at least 75 percent of owners
or operators in a targeted area.
``(VIII) Recordkeeping, monitoring,
and evaluation carried out by the owner
or operator that furthers the purposes
of the conservation security program.
``(iv) A bonus amount determined by the
Secretary that reflects the status of an owner
or operator as a beginning farmer or rancher
(as defined in section 343(a) of the
Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)).
``(D) Tier ii conservation practices.--The payment
for a conservation security contract covering Tier II
conservation practices shall be comprised of the sum of
the following:
``(i) An amount equal to 11 percent of the
base rate for land covered by the conservation
security contract.
``(ii) An amount equal to the costs of
practices described in the conservation
security contract, based on average county
costs for practices for the 2001 crop year,
described in subparagraph (C)(ii).
``(iii) A bonus amount determined by the
Secretary in accordance with clauses (iii) and
(iv) of subparagraph (C) (including
consideration of any practices adopted or
maintained by the owner or operator that exceed
resource management system standards).
``(E) Tier iii conservation practices.--The payment
for a conservation security contract covering Tier III
conservation practices shall be comprised of the sum of
the following:
``(i) An amount equal to 20 percent of the
base rate for land covered by the conservation
security contract.
``(ii) An amount equal to the costs of
practices described in the conservation
security contract, based on average county
costs for practices for the 2001 crop year,
described in subparagraph (C)(ii).
``(iii) A bonus amount determined by the
Secretary in accordance with subparagraph
(D)(iii).
``(F) Exclusion of costs for purchase or
maintenance of equipment or non-land based
structures.--A payment under this subchapter shall not
include any amount for the purchase or maintenance of
equipment or a non-land based structure.
``(2) Time of payment.--The Secretary shall provide
payments under a conservation security contract as soon as
practicable after October 1 of each fiscal year.
``(3) Limitation on payments.--
``(A) In general.--Subject to paragraphs (1), (2),
(4), and (5), under a conservation security contract,
the Secretary shall, in amounts and for a term
specified in the conservation security contract and
taking into account any advance payments, make an
annual payment to the individual or entity in an amount
not to exceed--
``(i) in the case of a contract to maintain
Tier I conservation practices, $20,000;
``(ii) in the case of a contract to
maintain Tier II conservation practices,
$35,000; or
``(iii) in the case of a contract to
maintain Tier III conservation practices,
$50,000.
``(B) Limitation on nonbonus payments.--In applying
the payment limitation under each of clauses (i), (ii),
and (iii) of subparagraph (A), an individual or entity
may not receive payments described in clauses (i) and
(ii) of paragraph (3)(C), (3)(D), or (3)(E), as
appropriate, in an amount that exceeds 75 percent of
the applicable payment limitation.
``(C) Other usda payments.--If an owner or operator
has the same practices on the same land enrolled in the
conservation security program and 1 or more other
conservation programs administered by the Secretary,
the Secretary shall include all payments, other than
payments for conservation easements, from the
conservation security program and the other
conservation programs in applying the annual payment
limitations this paragraph.
``(D) Non-usda payments.--Payments received from a
Federal program not administered by the Secretary, or
administered by any State, local, or private
agricultural program, shall not be considered an annual
payment for purposes of the annual payment limitations
under this paragraph.
``(E) Commensurate share.--To be eligible to
receive a payment under this subchapter, an individual
2000
or entity shall make contributions of land, labor,
management, equipment, and capital to the operation of
the farm that are at least commensurate with the share
of the proceeds of the operation of the individual or
entity.
``(4) Land enrolled in other conservation programs.--
Notwithstanding any other provision of law, if an owner or
operator has land enrolled in another conservation program
administered by the Secretary and has applied to enroll the
same land in the conservation security program, the owner or
operator may elect to--
``(A) convert the contract under the other
conservation program to a conservation security
contract, without penalty, except that this
subparagraph shall not apply to a long-term or
permanent conservation easement; or
``(B) have each annual payment to the owner or
operator under this subsection reduced to reflect
payment for practices the owner or operator receives
under the other conservation program, except that the
annual payment under this subsection may include
incentives for qualified practices that enhance or
extend the conservation benefit achieved under the
other conservation program.
``(5) Waste storage or treatment facilities.--A payment to
an owner or operator under this subchapter shall not be
provided for the purpose of construction or maintenance of
animal waste storage or treatment facilities or associated
waste transport or transfer devices for animal feeding
operations.
``(c) Regulations.--
``(1) In general.--The Secretary shall promulgate
regulations that--
``(A) provide that no individual or entity,
directly or indirectly, may receive payments exceeding
the applicable amount specified in subsection (a) or
(b);
``(B) provide for adequate safeguards to protect
the interests of tenants and sharecroppers, including
provision for sharing payments, on a fair and equitable
basis; and
``(C) prescribe such other rules as the Secretary
determines to be necessary to ensure a fair and
reasonable application of the limitations established
under subsections (a) and (b).
``(2) Penalties for schemes or devices.--
``(A) In general.--If the Secretary determines that
an individual or entity has adopted a scheme or device
to evade, or that has the purpose of evading, the
regulations promulgated under paragraph (1), the
individual or entity shall be ineligible to participate
in the conservation security program for the year for
which the scheme or device was adopted and each of the
following 5 years.
``(B) Fraud.--If the Secretary determines that
fraud was committed in connection with the scheme or
device, the individual or entity shall be ineligible to
participate in the conservation security program for
the year for which the scheme or device was adopted and
each of the following 10 years.
``(d) Termination.--
``(1) In general.--Subject to section 1238B, the Secretary
shall allow an owner or operator to terminate the conservation
security contract.
``(2) Payments.--The owner or operator may retain any or
all payments received under a terminated conservation security
contract if--
``(A) the owner or operator is in full compliance
with the terms and conditions (including any
maintenance requirements) of the conservation security
contract as of the date of the termination; and
``(B) the Secretary determines that termination of
the contract will not defeat the goals described in the
conservation security plan of the owner or operator.
``(e) Transfer or Change of Interest in Land Subject to
Conservation Security Contract.--
``(1) In general.--Except as provided in paragraph (2), the
transfer, or change in the interest, of an owner or operator in
land subject to a conservation security contract shall result
in the termination of the conservation security contract.
``(2) Transfer of duties and rights.--Paragraph (1) shall
not apply if, not later than 60 days after the date of the
transfer or change in the interest in land, the transferee of
the land provides written notice to the Secretary that all
duties and rights under the conservation security contract have
been transferred to the transferee.
``(f) Technical Assistance.--
``(1) In general.--For each fiscal year, the Secretary
shall provide technical assistance to owners and operators for
the development and implementation of conservation security
contracts, in an amount not to exceed 20 percent of funds
expended for the fiscal year.
``(2) Coordination by the secretary.--The Secretary shall
provide overall technical coordination and leadership for the
conservation security program, including final approval of all
conservation security plans.
``(g) Conservation Security Pilot Program.--
``(1) In general.--The Secretary, in cooperation with
appropriate State agencies, may establish a pilot program to
demonstrate and evaluate the implementation of a conservation
security program in a State described in paragraph (2).
``(2) Eligible state.--The State referred to in paragraph
(1) is a State selected by the Secretary--
``(A) in consultation with the Committee on
Agriculture, Nutrition, and Forestry of the Senate; and
``(B) after taking into consideration--
``(i) the percentage of private working
land in the State; and
``(ii) infrastructure in the State that is
available to implement the pilot program under
paragraph (1).''.
SEC. 202. FUNDING.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended by adding at the end the following:
``(c) Conservation Security Program.--Of the funds of the Commodity
Credit Corporation, the Corporation shall make available such sums as
are necessary to carry out subchapter A of chapter 2 (including the
provision of technical assistance).''.
SEC. 203. PARTNERSHIPS AND COOPERATION.
Section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843) is
amended by adding at the end the following:
``(f) Partnerships and Cooperation.--
``(1) In general.--In carrying out any program under
subtitle D, the Secretary may designate special projects, as
recommended by the State Conservationist, with advice from the
State technical committee, to enhance technical and financial
assistance provided to producers to address environmental
issues affected by agricultural production with respect to--
``(A) meeting the purposes of--
``(i) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) or comparable
State laws in impaired or threatened
watersheds;
``(ii) the Safe Drinking Water Act (42
2000
U.S.C. 300f et seq.) or comparable State laws
in watersheds providing water for drinking
water supplies; or
``(iii) the Clean Air Act (42 U.S.C. 7401
et seq.) or comparable State laws; or
``(B) watersheds of special significance or other
geographic areas of environmental sensitivity, such as
wetland (including State or multi-State projects to
facilitate surface and ground water conservation, to
protect water quality, or for protection of endangered
or threatened species or habitat, such as conservation
corridors).
``(2) Incentives.--To realize the objectives of the special
projects under paragraph (1), the Secretary may provide
incentives to producers participating in the special projects
to encourage partnerships and sharing of technical and
financial resources among producers and among producers and
governmental and nongovernmental organizations.
``(3) Flexibility.--
``(A) In general.--The Secretary may enter into
agreements with States to allow greater flexibility to
adjust the application of eligibility criteria,
approved practices, innovative conservation practices,
and other elements of the programs under this subtitle
to better reflect unique local circumstances and goals
in a manner that is consistent with--
``(i) environmental enhancement and long
term sustainability of the natural resource
base; and
``(ii) the purposes of this subtitle.
``(B) Plan.--Each party to an agreement under
subparagraph (A) shall submit to the Secretary, for
approval by the Secretary, a special project area or
priority area program plan for each program to be
carried out by the party that includes--
``(i) a description of the proposed
adjustments to program implementation
(including a description of how those
adjustments will accelerate the achievement of
environmental benefits);
``(ii) an analysis of the contribution
those adjustments will make to the
effectiveness of programs in achieving the
purposes of the special project or priority
area program;
``(iii) a timetable for reevaluating the
need for or performance of those proposed
adjustments;
``(iv) a description of non-Federal
programs and resources that will contribute to
achieving the objectives of the special project
or priority area program; and
``(v) a plan for regular monitoring,
evaluation, and reporting of progress toward
the objectives of the special project or
priority area program.
``(4) Unused funding.--Any funds made available for a
fiscal year under this subsection that are not obligated by
September 30 of the fiscal year may be used to carry out other
activities under this chapter during future fiscal years.''.
SEC. 204. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C.
3841 et seq.) is amended by adding at the end the following:
``SEC. 1244. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.
``(a) Good Faith Reliance.--
``(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (4), the Secretary shall
provide equitable relief to an owner or operator that has
entered into a contract under a conservation program
administered by the Secretary, and that is subsequently
determined to be in violation of the contract, if the owner or
operator in attempting to comply with the terms of the contract
and enrollment requirements--
``(A) took actions in good faith reliance on the
action or advice of an employee of the Secretary; and
``(B) had no knowledge that the actions taken were
in violation of the contract.
``(2) Types of relief.--The Secretary shall--
``(A) to the extent the Secretary determines that
an owner or operator has been injured by good faith
reliance described in paragraph (1), allow the owner or
operator--
``(i) to retain payments received under the
contract;
``(ii) to continue to receive payments
under the contract;
``(iii) to keep all or part of the land
covered by the contract enrolled in the
applicable program under this chapter;
``(iv) to reenroll all or part of the land
covered by the contract in the applicable
program under this chapter; or
``(v) to receive any other equitable relief
the Secretary considers appropriate; and
``(B) require the owner or operator to take such
actions as are necessary to remedy any failure to
comply with the contract.
``(3) Relationship to other law.--The authority to provide
relief under this subsection shall be in addition to any other
authority provided in this or any other Act.
``(4) Exceptions.--This section shall not apply to--
``(A) any pattern of conduct in which an employee
of the Secretary takes actions or provides advice with
respect to an owner or operator that the employee and
the owner or operator know are inconsistent with
applicable law (including regulations); or
``(B) an owner or operator takes any action,
independent of any advice or authorization provided by
an employee of the Secretary, that the owner or
operator knows or should have known to be inconsistent
with applicable law (including regulations).
``(5) Applicability of relief.--Relief under this section
shall be available for contracts in effect on the date of
enactment of this section.
``(b) Education, Outreach, Monitoring, and Evaluation.--In carrying
out any conservation program administered by the Secretary, the
Secretary--
``(1) shall provide education, outreach, monitoring,
evaluation, and related services to agricultural producers
(including owners and operators of small and medium-sized
farms, socially disadvantaged agricultural producers, and
limited resource agricultural producers);
``(2) may enter into contracts with private nonprofit,
community-based organizations and educational institutions with
demonstrated experience in providing the services described in
paragraph (1), to provide those services; and
``(3) shall use such sums as are necessary from funds of
the Commodity Credit Corporation to carry out activities
described in paragraphs (1) and (2).
``(c) Socially Disadvantaged a
2000
nd Limited Resource Owners and
Operators.--The Secretary shall provide outreach, training, and
technical assistance specifically to encourage and assist socially
disadvantaged and limited resource owners and operators to participate
in conservation programs administered by the Secretary.
``(d) Program Evaluation.--The Secretary shall maintain data
concerning conservation security plans, conservation practices planned
or implemented, environmental outcomes, economic costs, and related
matters under conservation programs administered by the Secretary.
``(e) Mediation and Informal Hearings.--If the Secretary makes a
decision under a conservation program administered by the Secretary
that is adverse to an owner or operator, at the request of the owner or
operator, the Secretary shall provide the owner or operator with
mediation services or an informal hearing on the decision.
``(f) Exemption From Automatic Sequester.--Notwithstanding any
other provision of law, no order issued for any fiscal year under
section 252 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 902) shall affect any payment a conservation program
administered by the Secretary.
``(g) Reports.--Not later than 18 months after the date of
enactment of this subsection and at the end of each 2-year period
thereafter, the Secretary shall submit to Congress a report evaluating
the results of each conservation program administered by the Secretary,
including--
``(1) an evaluation of the scope, quality, and outcomes of
the conservation practices carried out under the program; and
``(2) recommendations for achieving specific and
quantifiable improvements for the purposes of each of the
programs.
``(h) Technical Assistance.--
``(1) In general.--Under any conservation program
administered by the Secretary, subject to paragraph (2),
technical assistance provided by persons certified under
paragraph (3) (including farmers and ranchers) may include--
``(A) conservation planning;
``(B) design, installation, and certification of
conservation practices;
``(C) training for producers; and
``(D) such other activities as the Secretary
determines to be appropriate.
``(2) Outside assistance.--
``(A) In general.--The Secretary may contract
directly with qualified persons not employed by the
Department to provide conservation technical
assistance.
``(B) Payment by secretary.--
``(i) In general.--The Secretary may
provide a payment or voucher to an owner or
operator enrolled in a conservation program
administered by the Secretary if the owner or
operator chooses to obtain technical assistance
from a person certified to provide technical
assistance under this section.
``(ii) Determination.--In determining
whether to provide a payment or voucher under
clause (i), the Secretary shall seek to
maximize the assistance received from qualified
persons to most expeditiously and efficiently
achieve the objectives of this title.
``(3) Certification of private providers of technical
assistance.--
``(A) Establishment of procedures.--The Secretary
shall establish procedures for certifying persons not
employed by the Department to provide technical
assistance in planning, designing, or certifying any
aspect of a particular project under any conservation
program administered by the Secretary to agricultural
producers and landowners participating, or seeking to
participate, in conservation programs administered by
the Secretary.
``(B) Standards.--The Secretary shall establish
standards for the conduct of--
``(i) the certification process conducted
by the Secretary; and
``(ii) periodic recertification by the
Secretary of providers.
``(C) Certification required.--A provider may not
provide to any producer technical assistance described
in subparagraph (B) unless the provider is certified by
the Secretary.
``(E) Fee.--
``(i) In general.--In exchange for
certification or recertification, a private
provider shall pay a fee to the Secretary in an
amount determined by the Secretary.
``(ii) Account.--A fee paid to the
Secretary under clause (i) shall be--
``(I) credited to the account in
the Treasury that incurs costs relating
to implementing this section; and
``(II) made available to the
Secretary for use for conservation
programs administered by the Secretary,
without further appropriation, until
expended.
``(F) Other requirements.--The Secretary may
establish such other requirements as the Secretary
determines are necessary to carry out this subsection.
``(i) Confidentiality.--
``(1) In general.--In accordance with section 552(b)(3) of
title 5, United States Code, to maintain confidentiality, the
Secretary shall not release or disclose publicly the
conservation plan of an owner or operator under any component
of a conservation program administered by the Secretary, or any
related records, unless the Secretary--
``(A) releases the information in an anonymous or
aggregated form; and
``(B) obtains the consent of the owner or operator
prior to releasing the information.
``(2) Applicability to other federal agencies.--The
confidentiality restrictions described in paragraph (1) shall
apply to any Federal agency that obtains from the Secretary any
plan or record described in that paragraph.
``(j) Indian Tribes.--In carrying out any conservation program
administered by the Secretary on land under the jurisdiction of an
Indian tribe, the Secretary shall cooperate with the tribal government
of the Indian tribe to ensure, to the maximum extent practicable, that
the program is administered--
``(1) in a fair and equitable manner; and
``(2) in accordance with any Federal law (including a
regulation) applicable to the Indian tribe.
``(k) Beginning Farmers and Ranchers and Indian Tribes.--In
carrying out any conservation program administered by the Secretary,
the Secretary may provide to beginning farmers and ranchers (as
identified by the Secretary) and Indian tribes, incentives to
participate in the conservation program to--
``(1) foster new farming opportunities; and
``(2) enhance environmental stewardship over the long
term.''.
SEC. 205. REFORM AND CONSOLIDATION OF CONSERVATION PROGRAMS.
(a) In General.--The Secretary of Agriculture shall develop a plan
for--
(1) consolidating conservation programs administered by the
Secretary that are targeted at agricultural land; and
(2) to th
2000
e maximum extent practicable--
(A) designing forms that are applicable to all such
conservation programs;
(B) reducing and consolidating paperwork
requirements for such programs;
(C) developing universal classification systems for
all information obtained on the forms that can be used
by other agencies of the Department of Agriculture;
(D) ensuring that the information and
classification systems developed under this paragraph
can be shared with other agencies of the Department
through computer technologies used by agencies; and
(E) developing 1 format for a conservation plan
that can be applied to all conservation programs
targeted at agricultural land.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes the plan
developed under subsection (a), including any recommendations for
implementation of the plan.
(c) National Conservation Plan.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate a plan
and estimated budget for implementing the appraisal of the soil, water,
and related resources of the Nation contained in the National
Conservation Program under section 5 of the Soil and Water Resources
Conservation Act of 1977 (16 U.S.C. 2004) as the primary vehicle for
managing conservation on agricultural land in the United States.
SEC. 206. CONSERVATION SECURITY PROGRAM REGULATIONS.
Beginning on the date of enactment of this Act, the Secretary of
Agriculture may promulgate regulations and carry out other actions
relating to the implementation of the conservation security program
under subchapter A of chapter 2 of subtitle D of title XII of the Food
Security Act of 1985 (as added by section 201).
SEC. 207. CONFORMING AMENDMENTS.
(a) Section 1230 of the Food Security Act of 1985 (16 U.S.C. 3830)
is amended by striking ``ECARP'' each place it appears and inserting
``CCEP''.
(b) Section 1230A of the Food Security Act of 1985 (16 U.S.C.
3830a) is repealed.
(c) Section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843)
is amended by striking the section heading and inserting the following:
``SEC. 1243. ADMINISTRATION OF CCEP.''.
Subtitle B--Program Extensions
SEC. 211. COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM.
(a) In General.--Section 1230(a)(1) of the Food Security Act of
1985 (16 U.S.C. 3830(a)(1)) is amended by striking ``2002'' and
inserting ``2006''.
(b) Funding.--Section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)) is amended--
(1) by striking ``2002'' and inserting ``2006'';
(2) by inserting ``(including the provision of technical
assistance)'' after ``the programs''; and
(3) in paragraph (2), by striking ``subchapter C'' and
inserting ``subchapters C and D''.
SEC. 212. CONSERVATION RESERVE PROGRAM.
(a) Reauthorization.--
(1) In general.--Section 1231 of the Food Security Act of
1985 (16 U.S.C. 3831) is amended--
(A) in subsections (a), (b)(3), and (d), by
striking ``2002'' each place it appears and inserting
``2006''; and
(B) in subsection (h)(1), by striking ``the 2001
and 2002'' and inserting ``each of the 2002 through
2006''.
(2) Duties of owners and operators.--Section 1232(c) of the
Food Security Act of 1985 (16 U.S.C. 3832(c)) is amended by
striking ``2002'' and inserting ``2006''.
(b) Conservation Priority Areas.--
(1) In general.--Section 1230(c) of the Food Security Act
of 1985 (16 U.S.C. 3830(c)) is amended by adding at the end the
following:
``(4) Priority.--In designating conservation priority areas
under paragraph (1), the Secretary shall give priority to areas
in which designated land would facilitate the most rapid
completion of projects that--
``(A) are ongoing as of the date of the
application; and
``(B) meet the objectives of a program established
under this title.''.
(2) Eligibility.--Section 1231(b) of the Food Security Act
is amended--
(A) by striking paragraph (1) and inserting the
following:
``(1) highly erodible cropland that--
``(A)(i) if permitted to remain untreated could
substantially reduce the production capability for
future generations; or
``(ii) cannot be farmed in accordance with a
conservation plan that complies with the requirements
of subtitle B; and
``(B) the Secretary determines had a cropping
history or potential for cropping for 3 of the 6 years
preceding the date of enactment of the Agriculture,
Conservation, and Rural Enhancement Act of 2001 (except
for land enrolled in the conservation reserve program
on that date);'';
(B) in paragraph (4)--
(i) by striking ``croplands'' each place it
appears and inserting ``lands''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) the portion of land in a field not enrolled in the
conservation reserve where more than 50 percent of the land in
the field is enrolled as a buffer, if the land is enrolled as
part of the buffer.''.
(3) CRP priority areas.--Section 1231(f) of the Food
Security Act of 1985 (16 U.S.C. 3831(f)) is amended by adding
at the end the following:
``(5) Priority.--In designating conservation priority areas
under paragraph (1), the Secretary shall give priority to areas
in which designated land would facilitate the most rapid
completion of projects that--
``(A) are ongoing as of the date of the
application; and
``(B) meet the objectives of the program
established under this subchapter.''.
(c) Maximum Enrollment.--Section 1231(d) of the Food Security Act
of 1985 (16 U.S.C. 3831(d)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(2) by striking ``36,400,000'' and inserting
``40,000,000''; and
(3) by adding at the end the following:
``(2) Reservation.--Of the acres maintained under paragraph
(1), the Secretary shall reserve not less than 4,000,000 acres
under--
``(A) a program of conservation activities
described in a notice issued on March 24, 1998 (63 Fed.
Reg. 14109) or a successor program; or
``(B) the conservation reserve enhancement program
described in a notice issued on May 27, 1998 (63 Fed.
Reg. 28965) or a successor program.''.
(d) Duration of Contracts; Hardwood Trees.--Section 1231(e) of the
Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended--
(1) in paragraph (1), by striking ``shall enter into
contracts of not less than 10, nor more than 15, years.'' and
inserting the following: ``may enter into contracts--
``(A) for permanent easements on land enrolled in
2000
the conservation reserve program that is not covered by
a hardwood tree contract, covering not to exceed
3,000,000 acres, for 30 or more years; and
``(B) covering any remaining acreage, with terms of
not less than 10, nor more than 15, years.''; and
(2) in paragraph (2)--
(A) by striking ``In the'' and inserting the
following:
``(A) In general.--In the'';
(B) by striking ``The Secretary'' and inserting the
following:
``(B) Existing hardwood tree contracts.--The
Secretary''; and
(C) by adding at the end the following:
``(C) Extension of hardwood tree contracts.--
``(i) In general.--In the case of land
devoted to hardwood trees under a contract
entered into under this subchapter before the
date of enactment of this subparagraph, the
Secretary may extend the contract for a term of
not more than 15 years.
``(ii) Base payments.--The amount of a base
payment for a contract extended under clause
(i)--
``(I) shall be determined by the
Secretary; but
``(II) shall not exceed 50 percent
of the base payment that was applicable
to the contract before the contract was
extended.''.
(e) Pilot Program for Enrollment of Wetland and Buffer Acreage in
Conservation Reserve.--Section 1231(h) of the Food Security Act of 1985
(16 U.S.C. 3831(h)) is amended--
(1) in the subsection heading, by striking ``Pilot''; and
(2) in subsection (a)--
(A) in paragraph (1), by striking ``During the 2001
and 2002 calendar years, the Secretary shall carry out
a pilot program'' and inserting ``During the period of
calendar years 2002 through 2006, the Secretary shall
carry out a program; and
(B) in paragraph (2), by striking ``pilot''.
(f) Vegetative Cover; Haying and Grazing; Wind Turbines.--Section
1232(a) of the Food Security Act of 1985 (16 U.S.C. 3832(a)) is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by inserting ``and'' after
the semicolon at the end; and
(C) by adding at the end the following:
``(C) in the case of marginal pasture land, an
owner or operator shall not be required to plant trees
if native prairie grass may be retained or restored;'';
(2) in paragraph (7)--
(A) by striking ``that the Secretary'' and
inserting ``that'';
(B) in subparagraph (A)--
(i) by striking ``may permit'' and
inserting ``the Secretary'';
(ii) by striking clause (i) and inserting
the following:
``(i) may permit haying and grazing in
accordance with subsection (f)(1);'';
(iii) by striking clause (ii) and inserting
the following:
``(ii) may permit haying or grazing on that
land--
``(I) for maintenance purposes; or
``(II) in a case in which grazing
is incidental, as determined by the
Secretary; and''; and
(iv) by adding at the end the following:
``(iii) notwithstanding the amount of a
base payment limited by section 1234(c)(2) and
specified in a contract entered into under this
chapter, shall reduce the amount of the base
payment paid to an owner or operator of land
used for haying or grazing under clause (i) or
(ii)(I), or on which 1 or more wind turbines
are installed under subsection (f)(2), by an
amount determined by the Secretary to be
commensurate with the value of the reduction of
benefit gained by enrollment of the land in the
conservation reserve program.''; and
(C) in subparagraph (B)--
(i) by striking ``six projects, no more
than one of which may be in any State,'' and
inserting ``6 projects, not more than 1 of
which may be in any State and the total acreage
of which 6 projects shall not exceed 250,000
acres,''; and
(ii) in clause (iv), by striking
``harvested;'' and inserting ``harvested;
and''; and
(iii) by striking subparagraph (C);
(3) in paragraph (9), by striking ``and'' at the end;
(4) by redesignating paragraph (10) as paragraph (11); and
(5) by inserting after paragraph (9) the following:
``(10) with respect to any contract entered into after the
date of enactment of the Agriculture, Conservation, and Rural
Enhancement Act of 2001--
``(A) not to produce an agricultural commodity for
the duration of the contract on any other highly
erodible land that the owner or operator owns on, or
purchases on or after, that date, unless the highly
erodible land--
``(i) has a history of being used to
produce an agricultural commodity other than a
forage crop; or
``(ii) is being used as a homestead or
building site at the time of purchase; and
``(B) on a violation of a contract described in
subparagraph (A), to be subject to the sanctions under
paragraph (5); and''.
(g) Economic Uses.--Section 1232 of the Food Security Act of 1985
(8906 U.S.C. 3832) is amended by adding at the end the following:
``(f) Additional Economic Uses.--
``(1) Haying and grazing.--
``(A) In general.--The Secretary may permit haying
and grazing on land enrolled in the conservation
reserve program in accordance with this paragraph and a
haying and grazing management plan approved by the
Secretary.
``(B) Conditions.--An owner or operator of a tract
of land enrolled in the conservation reserve program
may hay or graze the tract--
``(i)(I) not more than once in every 3-year
period, as determined by the Secretary, if the
entire tract is hayed or grazed; or
``(II) in the case of a portion of the
tract not to exceed \1/3\ of the tract each
year, if--
``(aa) the tract consists of at
least 80 acres; and
``(bb) the portion of the tract
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used for haying or grazing is not
reused until such time as the remainder
of the tract is used for haying and
grazing;
``(ii) in accordance with requirements
developed by the State Technical Committee
under subparagraph (C);
``(iii) if all hay (including bales) is
removed from the tract not later than October 1
of the applicable year;
``(iv) if the unused portion of each tract
is left in a single contiguous block; and
``(v) the haying or grazing does not defeat
any objective of the conservation reserve
program.
``(C) State technical committee requirements.--
Taking into consideration the purposes of the
conservation reserve program, the State Technical
Committee of the State in which a tract used for haying
or grazing under this paragraph is located shall--
``(i) develop appropriate requirements for
vegetative management on land enrolled in the
conservation reserve program; and
``(ii) identify periods during which haying
and grazing under this paragraph may be
conducted.
``(2) Wind turbines.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may permit an owner or operator of land that
is enrolled in the conservation reserve program, but
that is not enrolled under continuous signup (as
defined in section 1238) to install wind turbines on
the land.
``(B) Number; location.--The Secretary shall
determine the number and location of wind turbines that
may be installed on a tract of land under subparagraph
(A), taking into account--
``(i) the location, size, and other
physical characteristics of the land;
``(ii) the extent to which the land
contains wildlife and wildlife habitat; and
``(iii) the purposes of the conservation
reserve program.''.
(h) Priority for State Easement Programs.--Section 1234(c)(3) of
the Food Security Act of 1985 (16 U.S.C. 3834(c)(3)) is amended--
(1) by striking ``Secretary may'' and inserting
``Secretary'';
(2) in subparagraph (A)--
(A) by striking ``take into'' and inserting ``may
take into''; and
(B) by striking ``and'' at the end;
(3) in subparagraph (B)--
(A) by striking ``establish'' and inserting ``may
establish''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(C) shall give priority to offers from owners and
operators under section 1231(e)(1) from States in which
a State program to provide technical or other
assistance relating to permanent easements is in
effect.''.
(i) Additional Eligible Practices.--Section 1234 of the Food
Security Act of 1985 (16 U.S.C. 3834) is amended by adding at the end
the following:
``(i) Payments.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall provide signing incentive payments under the conservation
reserve program to owners and operators that implement a
practice for--
``(A) the preservation of shallow water areas for
wildlife;
``(B) the establishment of permanent vegetative
cover, such as contour grass strips and cross-wind trap
strips; or
``(C) the preservation of wellhead protection
areas.
``(2) Other practices.--The Secretary shall administer
paragraph (1) in a manner that does not reduce the amount of
payments made by the Secretary for other practices under the
conservation reserve program.''.
(j) County Participation.--Section 1243(b)(1) of the Food Security
Act of 1985 (16 U.S.C. 3843(b)(1)) is amended by striking ``The
Secretary'' and inserting ``Except for land enrolled under continuous
signup or under the conservation reserve enhancement program described
in a notice issued on May 27, 1998 (63 Fed. Reg. 28965) (or a successor
program), the Secretary''.
(k) Study on Economic Effects.--Not later than 270 days after the
date of enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that describes the economic effects on rural
communities resulting from the conservation reserve program established
under subchapter B of chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.).
SEC. 213. WETLANDS RESERVE PROGRAM.
(a) Technical Assistance.--Section 1237(a) of the Food Security Act
of 1985 (16 U.S.C. 3837(a)) is amended by inserting ``(including the
provision of technical assistance)'' before the period at the end.
(b) Maximum Enrollment.--Section 1237(b)(1) of the Food Security
Act of 1985 (16 U.S.C. 3837(b)(1)) is amended--
(1) by striking ``The total number'' and all that follows
through the end of the paragraph and inserting the following:
``Not more than 250,000 acres may be enrolled in the wetlands
reserve program in any calendar year.''.
(c) Reauthorization.--Section 1237(c) of the Food Security Act of
1985 (16 U.S.C. 3837(c)) is amended by striking ``2002'' and inserting
``2006''.
SEC. 214. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) Purposes.--Section 1240 of the Food Security Act of 1985 (16
U.SC. 3839aa) is amended to read as follows:
``SEC. 1240. PURPOSES.
``The purposes of the environmental quality incentives program
established by this chapter are--
``(1) to maximize environmental benefits per dollar
expended; and
``(2) to provide--
``(A) flexible technical and financial assistance
to farmers and ranchers that face the most serious
threats to soil, water, and related natural resources,
including grazing lands, wetlands, and wildlife
habitat;
``(B) assistance to farmers and ranchers in--
``(i) complying with this title;
``(ii) carrying out environmental
enhancement; and
``(iii) implementing means of energy
production that are consistent with the program
established under this chapter;
``(C) assistance to farmers and ranchers in making
beneficial, cost-effective changes to cropping systems,
grazing management, manure, nutrient, pest, or
irrigation management, land uses, or other measures
needed to conserve and improve soil, water, and related
natural resources; and
``(D) assistance in the consolidation and
simplification of the conservation planning process to
reduce administrative burdens on producers.''.
(b) Structural Practices Eligible for Financial Assistance.--
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1) is
amended--
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(1) by redesignating paragraph (5) as paragraph (6);
(2) in paragraph (1), by inserting ``private'' after
``means'';
(3) by inserting after paragraph (4) the following:
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Natural Resources
Conservation Service.''; and
(4) in paragraph (6)(A) (as redesignated by paragraph (1)),
by inserting ``on eligible land'' after ``practice''.
(c) Innovative Technologies.--
(1) Definition of innovative technology.--Section 1240A of
the Food Security Act of 1985 (16 U.S.C. 3839aa-1) is amended--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Innovative technology.--The term `innovative
technology' includes technology that, as determined by the
Secretary--
``(A) maximizes environmental benefits;
``(B) complements agricultural production; and
``(C) may be adopted in a practical manner.''.
(2) Use of innovative technology.--Section 1240B(a)(2) of
the Food Security Act of 1985 (16 U.S.C. 3839aa-2(a)(2)) is
amended by adding at the end the following:
``(3) Use of innovative technology.--With respect to a
contract under this chapter providing for financial assistance
for a confined livestock operation, the Secretary shall give
priority to a producer that uses an innovative technology in
connection with a structural practice or land management
practice.''.
(d) Reauthorization.--Section 1240B(a)(1) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-2(a)(1)) is amended by striking ``2002'' and
inserting ``2006''.
(e) Contracts Providing Financial Assistance for a Structural
Practice.--Section 1240B(c) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(c)) is amended by adding at the end the following:
``(3) Maintenance of structures.--A contract providing for
financial assistance to an owner or operator for a structural
practice--
``(A) shall require maintenance of the structural
practice for the life of the practice, regardless of
whether land covered by the contract is sold during
that period; and
``(B) may be modified only with the approval of the
Secretary.
``(4) Condition for animal waste management facilities.--An
owner or operator may receive financial assistance for an
animal waste management facility under this chapter only if--
``(A) the facility is subject to a comprehensive
nutrition management plan approved by the Secretary;
and
``(B) the owner or operator receives no cost share
assistance for the facility under any other program
administered by the Secretary.''.
(f) Cost-Share Payments.--Section 1240B(e) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-2(e)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by striking ``A producer'' and
inserting the following:
``(i) In general.--Except as provided in
clause (ii), a producer''; and
(ii) by adding at the end the following:
``(ii) Waiver.--The Secretary may provide a
waiver to the limitation under clause (i) for
any facility if--
``(I) the facility is owned by
multiple producers;
``(II) the producers transfer
animals at the facility, for additional
feeding or finishing, to separate
facilities owned, at least in part, by
the same multiple producers;
``(III) the separate facilities,
the total number of which shall not
exceed the total number of producers
that own the facilities, are not large
confined animal feeding operations, as
determined by the Secretary;
``(IV) the payment or benefit to
each producer under this subsection is
commensurate to the contribution of
each producer to the jointly owned
operation; and
``(V) the share of a each producer
of the payment or benefit, in
combination with any other payment or
benefit received under the program
established under this chapter, does
not exceed the payment limits of the
program.''; and
(B) by adding at the end the following:
``(D) Limited-resource livestock operations.--
Notwithstanding subparagraphs (A), (B), and (C), the
Federal share of a cost-share payment to a producer
that owns or operates a limited-resource livestock
operation (as defined by the Secretary) shall be 90
percent.''; and
(2) in paragraph (3), by striking subparagraph (C).
(g) Priority for Use of Innovative Practices.--Section 1240C of the
Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) are provided to producers using innovative
technologies, as determined by the Secretary.''.
(h) Limitation on Payments.--Section 1240G of the Food Security Act
of 1985 (16 U.S.C. 3839aa-7) is amended by striking subsection (a) and
inserting the following:
``(a) Payments.--
``(1) In general.--The total amount of cost-share and
incentive payments paid to a producer under this chapter may
not exceed $100,000 for the period of fiscal years 2002 through
2006.
``(2) Regulations.--In carrying out this chapter, the
Secretary shall promulgate regulations to ensure, to the
maximum extent practicable, that provide that no individual or
entity, directly or indirectly, may receive payments exceeding
the applicable amount specified in paragraph (1).''.
(i) Funding.--Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended by striking subsection (b) and inserting the
following:
``(b) Environmental Quality Incentives Program.--
``(1) In general.--Subject to paragraphs (2) and (3), of
the funds of the Commodity Credit Corporation, the Secretary
shall make available $650,000,000 for fiscal year 2002,
$800,000,000 for fiscal year 2003, $900,000,000 for fiscal year
2004, and $950,000,000 for each of fiscal years 2005 and 2006,
to remain available until expended, for providing technical
assistance, cost-share payments, incentive payments, and
education under the environmental quality incentives program
under chapter 4 of subtitle D.
``(2) Loan program.--
``(A) In general.--Of t
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he amounts made available
under paragraph (1), the Secretary shall deposit into
the fund established by section 1240H(e) not to exceed
$100,000,000 for each fiscal year.
``(B) Applicability of other laws.--For the
purposes of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a et seq.), this subsection shall be treated
as if enacted in an Act of appropriation.
``(3) Livestock production.--For each of fiscal years 2002
through 2006, 50 percent of the funding available for technical
assistance, cost-share payments, incentive payments, and
education under the environmental quality incentives program
shall be targeted at practices relating to livestock
production.''.
(j) Loan Program for Structural Practices.--Chapter 4 of subtitle D
of title XII of the Food Security Act of 1985 is amended by striking
section 1240H (16 U.S.C. 3839aa-8) and inserting the following:
``SEC. 1240H. LOAN PROGRAM FOR STRUCTURAL PRACTICES.
``(a) In General.--The Secretary shall establish a loan program to
provide loans to owners and producers of confined livestock operations
to assist the owners and producers in installing structural practices
under this chapter.
``(b) Requirements.--An owner or producer that seeks to receive a
loan under this section shall--
``(1) comply with requirements of this chapter relating to
the receipt of cost-share assistance (including the submission
to the Secretary of a management plan); and
``(2) submit to the Secretary, in such form and including
such information as the Secretary may require, an application
for the loan.
``(c) Maximum Loan Amounts and Rates.--
``(1) Individual loans.--A loan made to an owner or
producer under this section--
``(A) shall not exceed $150,000; and
``(B) shall have an interest rate equal to the then
current cost of money to the Government of the United
States for loans of similar maturity.
``(2) Aggregate annual amount.--The annual aggregate amount
of loans made under this section shall not exceed $100,000,000.
``(d) Interest.--Interest paid on a loan made under this section
shall be credited to and become a part of the Fund.
``(e) Loan Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund to be used in carrying out the
program under this section (referred to in this section as the
`Fund'), consisting of--
``(A) such amounts as are deposited in the Fund
under section 1241(b)(2);
``(B) such interest as is paid on loans made under
subsection (d); and
``(C) any interest earned on investment of amounts
in the Fund under paragraph (3).
``(2) Expenditures from fund.--
``(A) In general.--Subject to subparagraph (B), on
request by the Secretary, the Secretary of the Treasury
shall transfer from the Fund to the Secretary such
amounts as the Secretary determines are necessary to
pay the cost of loans to owners and producers under
this section.
``(B) Administrative expenses.--An amount not
exceeding 5 percent of the amounts in the Fund shall be
available in each fiscal year to pay the administrative
expenses necessary to carry out the program under this
section.
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals. Investments may be made only
in interest-bearing obligations of the United States.
``(B) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
``(i) on original issue at the issue price;
or
``(ii) by purchase of outstanding
obligations at the market price.
``(C) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
``(D) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(4) Transfers of amounts.--
``(A) In general.--The amounts required to be
transferred to the Fund under this section shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
``(B) Adjustments.--Proper adjustment shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.''.
SEC. 215. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
Subtitle H of title XV of the Agriculture and Food Act of 1981 (16
U.S.C. 3451 et seq.) is amended to read as follows:
``Subtitle H--Resource Conservation and Development Program
``SEC. 1528. DEFINITIONS.
``In this subtitle:
``(1) Area plan.--The term `area plan' means a resource
conservation and use plan that is developed by a council for a
designated area of a State or States through a planning process
and that includes 1 or more of the following elements:
``(A) A land conservation element, the purpose of
which is to control erosion and sedimentation.
``(B) A water management element that provides 1 or
more clear environmental or conservation benefits, the
purpose of which is to provide for--
``(i) the conservation, use, and quality of
water, including irrigation and rural water
supplies;
``(ii) the mitigation of floods and high
water tables;
``(iii) the repair and improvement of
reservoirs;
``(iv) the improvement of agricultural
water management; and
``(v) the improvement of water quality.
``(C) A community development element, the purpose
of which is--
``(i) the development of resources-based
industries;
``(ii) the protection of rural industries
from natural resource hazards;
``(iii) the development of adequate rural
water and waste disposal systems;
``(iv) the improvement of recreation
facilities;
``(v) the improvement in the quality of
rural housing;
``(vi) the provision of adequate health and
education facilities;
``(vii) the satisfaction of essential
transportation and communication needs; and
``(viii) the promotion of food security,
economic
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development, and education.
``(D) A land management element, the purpose of
which is--
``(i) energy conservation;
``(ii) the protection of agricultural land,
as appropriate, from conversion to other uses;
``(iii) farmland protection; and
``(iv) the protection of fish and wildlife
habitats.
``(2) Board.--The term `Board' means the Resource
Conservation and Development Policy Advisory Board established
under section 1533(a).
``(3) Council.--The term `council' means a nonprofit entity
(including an affiliate of the entity) operating in a State
that is--
``(A) established by volunteers or representatives
of States, local units of government, Indian tribes, or
local nonprofit organizations to carry out an area plan
in a designated area; and
``(B) designated by the chief executive officer or
legislature of the State to receive technical
assistance and financial assistance under this
subtitle.
``(4) Designated area.--The term `designated area' means a
geographic area designated by the Secretary to receive
technical assistance and financial assistance under this
subtitle.
``(5) Financial assistance.--The term `financial
assistance' means a grant, cooperative agreement, or loan
provided by the Secretary (or the Secretary and other Federal
agencies) to a council, or association of councils, to carry
out an area plan in a designated area, including assistance
provided for planning, analysis, feasibility studies, training,
education, and other activities necessary to carry out the area
plan.
``(6) Indian tribe.--The term `Indian tribe' has the
meaning given the term by section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
``(7) Local unit of government.--The term `local unit of
government' means--
``(A) any county, city, town, township, parish,
village, or other general-purpose subdivision of a
State; and
``(B) any local or regional special district or
other limited political subdivision of a State,
including any soil conservation district, school
district, park authority, and water or sanitary
district.
``(8) Nonprofit organization.--The term `nonprofit
organization' means any organization that is--
``(A) described in section 501(c) of the Internal
Revenue Code of 1986; and
``(B) exempt from taxation under section 501(a) of
the Internal Revenue Code of 1986.
``(9) Planning process.--The term `planning process' means
actions taken by a council to develop and carry out an
effective area plan in a designated area, including development
of the area plan, goals, objectives, policies, implementation
activities, evaluations and reviews, and the opportunity for
public participation in the actions.
``(10) Project.--The term `project' means a project that is
carried out by a council to achieve any of the elements of an
area plan.
``(11) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(12) State.--The term ``State'' means any of the States,
the District of Columbia, or any territory or possession of the
United States.
``(13) Technical assistance.--The term `technical
assistance' means any service provided by the Secretary or
agent of the Secretary, including--
``(A) inventorying, evaluating, planning,
designing, supervising, laying out, and inspecting
projects;
``(B) providing maps, reports, and other documents
associated with the services provided;
``(C) providing assistance for the long-term
implementation of area plans; and
``(D) providing services of an agency of the
Department of Agriculture to assist councils in
developing and carrying out area plans.
``SEC. 1529. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
``The Secretary shall establish a resource conservation and
development program under which the Secretary shall provide technical
assistance and financial assistance to councils to develop and carry
out area plans and projects in designated areas--
``(1) to conserve and improve the use of land, develop
natural resources, and improve and enhance the social,
economic, and environmental conditions in primarily rural areas
of the United States; and
``(2) to encourage and improve the capability of State,
units of government, Indian tribes, nonprofit organizations,
and councils to carry out the purposes described in paragraph
(1).
``SEC. 1530. SELECTION OF DESIGNATED AREAS.
``The Secretary shall select designated areas for assistance under
this subtitle on the basis of the elements of area plans.
``SEC. 1531. AUTHORITY OF THE SECRETARY.
``In carrying out this subtitle, the Secretary may--
``(1) provide technical assistance to any council to assist
in developing and implementing an area plan for a designated
area;
``(2) cooperate with other departments and agencies of the
Federal Government, States, local units of government, local
Indian tribes, and local nonprofit organizations in conducting
surveys and inventories, disseminating information, and
developing area plans;
``(3) assist in carrying out an area plan approved by the
Secretary for any designated area by providing technical
assistance and financial assistance to any council; and
``(4) enter into agreements with councils in accordance
with section 1532.
``SEC. 1532. ELIGIBILITY; TERMS AND CONDITIONS.
``(a) Eligibility.--Technical assistance and financial assistance
may be provided by the Secretary under this subtitle to any council to
assist in carrying out a project specified in an area plan approved by
the Secretary only if--
``(1) the council agrees in writing--
``(A) to carry out the project; and
``(B) to finance or arrange for financing of any
portion of the cost of carrying out the project for
which financial assistance is not provided by the
Secretary under this subtitle;
``(2) the project is included in an area plan and is
approved by the council;
``(3) the Secretary determines that assistance is necessary
to carry out the area plan;
``(4) the project provided for in the area plan is
consistent with any current comprehensive plan for the area;
``(5) the cost of the land or an interest in the land
acquired or to be acquired under the plan by any State, local
unit of government, Indian tribe, or local nonprofit
organization is borne by the State, local unit of government,
Indian tribe, or local nonprofit organization, respectively;
and
``(6) the State, local unit of government, Indian tribe, or
local nonprofit organization participating in the area plan
agrees to maintain and operate the project.
``(b) Loans.--
``(1) In general.--Subject to paragraphs (2) and (3), a
loan made under this subtitle shall be made on s
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uch terms and
conditions as the Secretary may prescribe.
``(2) Term.--A loan for a project made under this subtitle
shall have a term of not more than 30 years after the date of
completion of the project.
``(3) Interest rate.--A loan made under this subtitle shall
bear interest at the average rate of interest paid by the
United States on obligations of a comparable term, as
determined by the Secretary of the Treasury.
``(c) Approval by Secretary.--Technical assistance and financial
assistance under this subtitle may not be made available to a council
to carry out an area plan unless the area plan has been submitted to
and approved by the Secretary.
``(d) Withdrawal.--The Secretary may withdraw technical assistance
and financial assistance with respect to any area plan if the Secretary
determines that the assistance is no longer necessary or that
sufficient progress has not been made toward developing or implementing
the elements of the area plan.
``(e) Use of Other Entities and Persons.--A council may use another
person or entity to assist in developing and implementing an area plan
and otherwise carrying out this subtitle.
``SEC. 1533. RESOURCE CONSERVATION AND DEVELOPMENT POLICY ADVISORY
BOARD.
``(a) Establishment.--The Secretary shall establish within the
Department of Agriculture a Resource Conservation and Development
Policy Advisory Board.
``(b) Composition.--
``(1) In general.--The Board shall be composed of at least
7 employees of the Department of Agriculture selected by the
Secretary.
``(2) Chairperson.--A member of the Board shall be
designated by the Secretary to serve as chairperson of the
Board.
``(c) Duties.--The Board shall advise the Secretary regarding the
administration of this subtitle, including the formulation of policies
for carrying out this subtitle.
``SEC. 1534. EVALUATION OF PROGRAM.
``(a) In General.--The Secretary, in consultation with councils,
shall evaluate the program established under this subtitle to determine
whether the program is effectively meeting the needs of, and the
objectives identified by, States, units of government, Indian tribes,
nonprofit organizations, and councils participating in, or served by,
the program.
``(b) Report.--Not later than December 31, 2011, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the results of the
evaluation, together with any recommendations of the Secretary for
continuing, terminating, or modifying the program.
``SEC. 1535. LIMITATION ON ASSISTANCE.
``In carrying out this subtitle, the Secretary shall provide
technical assistance and financial assistance to not more than 450
active designated areas.
``SEC. 1536. SUPPLEMENTAL AUTHORITY OF THE SECRETARY.
``The authority of the Secretary under this subtitle to assist
councils in the development and implementation of area plans shall be
supplemental to, and not in lieu of, any authority of the Secretary
under any other provision of law.
``SEC. 1537. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be such sums as are
necessary to carry out this subtitle.
``(b) Loans.--The Secretary shall not use more than $15,000,000 of
any funds made available for a fiscal year to make loans under this
subtitle.
``(c) Availability.--Funds appropriated to carry out this subtitle
shall remain available until expended.''.
SEC. 216. WILDLIFE HABITAT INCENTIVE PROGRAM.
Chapter 5 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3839bb et seq.) is amended to read as follows:
``CHAPTER 5--OTHER CONSERVATION PROGRAMS
``SEC. 1240M. WILDLIFE HABITAT INCENTIVE PROGRAM.
``(a) Definition of Program.--In this section, the term `program'
means the wildlife habitat incentive program established under
subsection (b).
``(b) Establishment.--In consultation with the State technical
committees established under section 1261 of the Food Security Act of
1985 (16 U.S.C. 3861), the Secretary shall establish a program to be
known as the `wildlife habitat incentive program'.
``(c) Cost-Share Payments.--Under the program, the Secretary shall
make cost-share payments to owners of eligible land to develop wildlife
habitat approved by the Secretary.
``(d) Easements.--
``(1) In general.--Under the program, the Secretary shall
establish procedures to acquire and enroll eligible land in the
program, for 30-year terms and permanent easements, to assist
owners of eligible land to restore and protect essential plant
and animal habitat, as determined by the Secretary.
``(2) Eligible land.--
``(A) In general.--For purposes of enrolling an
easement in the program, land to which the easement
applies shall be considered to be eligible if the
Secretary, in consultation with the appropriate State
fish and wildlife departments, determines that--
``(i) the land maximizes wildlife habitat
benefits, values, and functions;
``(ii) the owner of the land has developed
a site-level habitat restoration and protection
plan that is consistent, to the maximum extent
practicable, with a State habitat conservation
plan; and
``(iii) taking into consideration the cost
of the restoration, the likelihood of the
successful targeted habitat restoration
described in the plan, and the resulting
wildlife benefits, merit inclusion of the land
in the program.
``(B) Priority for certain state land.--In
enrolling easements in the program, the Secretary may
give priority to land identified as having priority for
restoration or protection in a State plan for the
protection of essential plant and animal habitat
developed by the State technical committee, in
cooperation with--
``(i) Federal and State fish and wildlife
agencies;
``(ii) members of the State agricultural
sector;
``(iii) nongovernmental conservation
organizations; and
``(iv) the natural heritage program of the
State.
``(3) Ineligible land.--The Secretary shall not acquire or
enroll in the program any easement that is enrolled under any
other Federal easement program administered by the Secretary at
the time at which the acquisition or enrollment is considered.
``(4) Easements and agreements.--Sections 1237A through
1237F of the Food Security Act of 1985 (16 U.S.C. 3837a through
3837f) shall apply to an easement enrolled in the program.
``(e) Technical Assistance.--The Secretary shall use not more than
8 percent of amounts made available to carry out this section to
provide technical assistance under this subsection.
``(f) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section--
``(1) $50,000,000 for fiscal year 2002;
``(2) $60,000,000 for fiscal year 2003;
``(3) $65,000,000 for fiscal year 2004;
``(4) $70,000,000 for fiscal year 2005; and
``(5) $100,000,000 for fiscal year 2006.''.
``SEC. 1240N. WATERSHED RISK REDUCTION.
``(a) In General.--The Secretary, acting through the N
2000
atural
Resources Conservation Service (referred to in this section as the
`Secretary'), in cooperation with landowners and land users, may carry
out such projects and activities (including the purchase of floodplain
easements for runoff retardation and soil erosion prevention) as the
Secretary determines to be necessary to safeguard lives and property
from floods, drought, and the products of erosion on any watershed in
any case in which fire, flood, or any other natural occurrence is
causing or has caused a sudden impairment of that watershed.
``(b) Priority.--In carrying out this section, the Secretary shall
give priority to any project or activity described in subsection (a)
that is carried out on a floodplain adjacent to a major river, as
determined by the Secretary.
``(c) Prohibition on Duplicative Funds.--No project or activity
under subsection (a) that is carried out using funds made available
under this section may be carried out using funds made available under
any Federal disaster relief program relating to floods.
``(d) Funding.--There is authorized to be appropriated to carry out
this section $15,000,000 for each of fiscal years 2002 through 2006.''.
SEC. 217. AGRICULTURAL LAND PROTECTION PROGRAM.
Chapter 2 of the Food Security Act of 1985 (as added by section
201) is amended by adding at the end the following:
``Subchapter B--Agricultural Land Protection Program
``SEC. 1238H. DEFINITIONS.
``In this subchapter:
``(1) Eligible land.--
``(A) In general.--The term `eligible land' means
agricultural land that--
``(i)(I) has prime, unique, or other
productive soil; or
``(II) contains historical or
archaeological resources; and
``(ii) is subject to a pending offer for
purchase from--
``(I) any agency of any State or
local government or an Indian tribe
(including a farmland protection board
or land resource council established
under State law); or
``(II) any organization that--
``(aa) is organized for,
and at all times since the
formation of the organization,
has been operated principally
for, 1 or more of the
conservation purposes specified
in clause (i), (ii), or (iii)
of section 170(h)(4)(A) of the
Internal Revenue Code of 1986;
``(bb) is an organization
described in section 501(c)(3)
of that Code that is exempt
from taxation under section
501(a) of that Code;
``(cc) is described in
section 509(a)(2) of that Code;
or
``(dd) is described in
section 509(a)(2) of that Code.
``(B) Inclusions.--The term `eligible land'
includes--
``(i) cropland;
``(ii) ranchland; and
``(iii) prairie.
``(C) Exclusion.--The term `eligible land' does not
include forest land.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(3) Program.--The term `program' means the agricultural
land protection program established under section 1238I(a).
``SEC. 1238I. AGRICULTURAL LAND PROTECTION PROGRAM.
``(a) Establishment.--The Secretary shall establish a program to be
known as the `agricultural land protection program', under which the
Secretary shall purchase conservation easements and other interests in
eligible land.
``(b) Condition for Enrollment.--Eligible land enrolled in the
program shall be subject to system requirements as described in a
conservation plan--
``(1) developed in accordance with the National Handbook of
Conservation Practices and the field office technical guides of
the Natural Resources Conservation Service; and
``(2) approved by the Secretary.
``(c) Priority.--In enrolling eligible land in the program, the
Secretary shall give priority to eligible land that remains in
agricultural production throughout the period of enrollment.
``(d) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use the amounts specified in
paragraph (3) for each fiscal year to--
``(A) purchase conservation easements (including
30-year easements, in cases in which State law limits
easements to 30 years or in which the Secretary
determines that such a term is appropriate) and other
interests in eligible land, the Federal share of which
shall not exceed 50 percent;
``(B) provide such financial assistance or
incentives, in the form of a cost-share not to exceed--
``(i) 75 percent of the cost of the
assistance or incentives, as the Secretary
determines are appropriate to encourage and
assist owners of eligible land with the
installation and adoption of conservation
measures associated with the protection of
natural resources on the eligible land; and
``(ii) 5 percent of the total amount made
available to provide assistance or incentives;
and
``(C) provide not more than 8 percent of the amount
of funds made available for a fiscal year to provide
technical assistance to administer the program.
``(2) Non-federal share.--In a case in which a State or
local government purchases an easement under paragraph (1)(A),
not more than 25 percent of the non-Federal share of the cost
of the easement may be provided--
``(A) by a private landowner; or
``(B) in the form of in-kind goods or services.
``(3) Amounts.--The amounts referred to in paragraph (1)
are--
``(A) $175,000,000 for fiscal year 2002;
``(B) $200,000,000 for fiscal year 2003;
``(C) $225,000,000 for fiscal year 2004; and
``(D) $250,000,000 for each of fiscal years 2005
and 2006.''.
SEC. 218. GRASSLAND RESERVE PROGRAM.
Chapter 2 of the Food Security Act of 1985 (as amended by section
218) is amended by adding at the end the following:
``Subchapter D--Grassland Reserve Program
``SEC. 1238N. ESTABLISHMENT.
``(a) In General.--The Secretary, acting through the Natural
Resource Conservation Service, may establish a grassland protection
program (referred to in this subchapter as `the program') to assist
owners in restoring and protecting eligible land described in
subsection (c).
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number
2000
of acres
enrolled in the program shall not exceed 1,000,000 acres.
``(2) Methods of enrollment.--The Secretary shall enroll
land in the program through--
``(A) permanent easements or 30-year easements; or
``(B) in a State that imposes a maximum duration
for such an easement, for the maximum duration allowed
under State law.
``(c) Eligible Land.--Land shall be eligible to be enrolled in the
program if the Secretary determines that the land is private land that
is--
``(1) natural grassland (including prairie and land covered
in shrubs or forb) that is indigenous to the locality;
``(2) land that--
``(A) is located in an area that has been
historically dominated by eligible land; and
``(B) has potential to serve as habitat for animal
or plant populations of significant ecological value if
the land is restored to a natural condition; or
``(3) land that is incidental to land described in
paragraph (1) or (2), if the incidental land is determined by
the Secretary to be necessary for the efficient administration
of an easement.
``SEC. 1238O. EASEMENTS AND AGREEMENTS.
``(a) In General.--To be eligible to enroll land in the program,
the owner of the land shall enter into an agreement with the
Secretary--
``(1) to grant to the Secretary an easement over the
eligible land;
``(2) to create and record an appropriate deed restriction
in accordance with applicable State law to reflect the
easement;
``(3) to provide a written statement of consent to the
easement signed by persons holding a security interest or any
vested interest in the land;
``(4) to provide proof of unencumbered title to the
underlying fee interest in the land that is the subject of the
easement;
``(5) to comply with the terms of the easement and
restoration agreement; and
``(6) comply with a conservation plan for the land that
is--
``(A) developed in accordance with the National
Handbook of Conservation Practices and the field office
technical guides of the Natural Resources Conservation
Service; and
``(B) approved by the Secretary.
``(b) Terms of Easement.--An easement under subsection (a) shall--
``(1) permit--
``(A) grazing on the land in a manner that is
consistent with the conservation plan that does not
interfere with the protection of natural resources;
``(B) haying or mowing after the nesting and chick-
rearing season for birds only--
``(i) for management purposes; and
``(ii) as determined to be appropriate by
the State conservationist under a conservation
plan approved by the Secretary; and
``(C) fire rehabilitation, construction of fire
breaks, and fences (including placement of the posts
necessary for fences);
``(2) prohibit--
``(A) the production of row crops, fruit trees,
vineyards, or any other agricultural commodity that
requires breaking the soil surface; and
``(B) except as permitted under paragraph (1)(C),
the conduct of any other activities that would disturb
the surface of the land covered by the easement,
including--
``(i) plowing; and
``(ii) disking; and
``(3) include such additional provisions as the Secretary
determines are appropriate to carry out this subchapter or to
facilitate the administration of this subchapter.
``(c) Evaluation and Ranking of Easement Applications.--
``(1) In general.--The Secretary, in conjunction with State
technical committees, shall establish criteria to evaluate and
rank applications for easements under this subchapter.
``(2) Criteria.--In establishing the criteria, the
Secretary shall emphasize plant and animal biodiversity and
grassland and other eligible land under the greatest threat of
conversion.
``(d) Violations.--
``(1) In general.--On the violation of a term or condition
of an easement or restoration agreement entered into under this
section--
``(A) the easement shall remain in force; and
``(B) the Secretary may require the owner to refund
all or part of any payments received by the owner under
this subchapter, including interest on the payments as
determined appropriate by the Secretary.
``(2) Periodic inspections.--
``(A) In general.--The Secretary shall conduct
periodic inspections of land subject to easements under
this subchapter to ensure that the terms of the
easement and any applicable restoration agreements are
being met.
``(B) Limitation.--The Secretary may not prohibit
the owner, or a representative of the owner, from being
present during a periodic inspection.
``SEC. 1238P. DUTIES OF SECRETARY.
``(a) In General.--In return for the granting of an easement by an
owner under this subchapter, the Secretary shall, in accordance with
this section,--
``(1) make easement payments;
``(2) pay the Federal share of the cost of restoration; and
``(3) provide technical assistance to the owner.
``(b) Easement Payments.--
``(1) Amount.--In return for the granting of an easement by
an owner under this subchapter, the Secretary shall make
easement payments to the owner in an amount equal to--
``(A) in the case of a permanent easement, the fair
market value of the land less grazing value of the land
encumbered by the easement; and
``(B) in the case of a 30-year easement or an
easement for the maximum duration allowed under
applicable State law, 30 percent of the fair market
value of the land less the grazing value of the land
for the period during which the land is encumbered by
the easement.
``(2) Schedule.--The Secretary shall provide payments under
this subsection--
``(A) with respect to any cost sharing obligation,
as soon as practicable after the obligation is
incurred; and
``(B) with respect to any annual easement payment
obligation incurred by the Secretary, as soon as
practicable after October 1 of each year.
``(c) Federal Share of Cost of Restoration.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall make payments to the owner of not more than 75 percent of
the cost of carrying out measures and practices necessary to
restore eligible functions and values.
``(2) Aggregate amount.--The Secretary shall use not more
than 5 percent of amounts made available to carry out this
subchapter to make payments under paragraph (1).
``(d) Technical Assistance.--The Secretary shall use not more than
8 percent of amounts made available to carry out this subchapter to
provide technical assistance under this subsection.
``(e) Other Payments.--
``(1) In general.--Except as provided in paragraph (2), an
easement payment rec
2000
eived by an owner under this subchapter
shall be in addition to, and shall not affect, the total amount
of payments that the owner is otherwise eligible to receive
under any other Federal law.
``(2) Prohibition on duplicative assistance.--An owner that
receives an easement payment under this chapter may not receive
a payment for the same easement under any other program.
``SEC. 1238Q. REGULATIONS.
``Not later than 180 days after the date of enactment of this
subchapter, the Secretary shall promulgate such regulations as are
necessary to carry out this subchapter.''.
SEC. 219. STATE TECHNICAL COMMITTEES.
Subtitle G of title XII of the Food Security Act of 1985 (16 U.S.C.
3861 et seq.) is amended to read as follows:
``Subtitle G--State Technical Committees
``SEC. 1261. ESTABLISHMENT.
``(a) In General.--The Secretary shall establish in each State a
technical committee to assist the Secretary in the technical
considerations relating to implementation of any private land
conservation program administered by the Secretary.
``(b) Standards.--Not later than 180 days after the date of
enactment of the Agriculture, Conservation, and Rural Enhancement Act
of 2001, the Secretary shall develop standards to be used by each State
technical committee in the development of technical guidelines under
section 1262(b) for the implementation of the conservation programs
under this title.
``(c) Composition.--Each State technical committee established
under subsection (a) shall be composed of professional resource
managers that represent a variety of disciplines in the soil, water,
wetland, and wildlife sciences, including representatives from among--
``(1) the Natural Resources Conservation Service (a
representative of which shall serve as Chair of the Committee);
``(2) the Farm Service Agency;
``(3) the Forest Service;
``(4) the Extension Service;
``(5) the Fish and Wildlife Service;
``(6) such State departments and agencies as the Secretary
determines to be appropriate, including--
``(A) a State fish and wildlife agency;
``(B) a State forester or equivalent State
official;
``(C) a State water resources agency;
``(D) a State department of agriculture;
``(E) a State soil conservation agency; and
``(F) land grant universities;
``(7) other individuals or agency personnel with expertise
in soil, water, wetland, and wildlife management as the
Secretary determines to be appropriate;
``(8) agricultural producers with demonstrable conservation
expertise;
``(9) nonprofit organizations with demonstrable
conservation expertise;
``(10) persons knowledgeable about conservation techniques;
and
``(11) agribusinesses.
``SEC. 1262. RESPONSIBILITIES.
``(a) Information.--
``(1) Provision.--
``(A) In general.--Each State technical committee
established under section 1261 shall meet regularly to
provide information, analyses, and recommendations to
the Secretary.
``(B) Manner; form.--Information, analyses, and
recommendations described in subparagraph (A) shall--
``(i) be provided in writing, in a manner
that assists the Department of Agriculture in
determining matters of fact, technical merit,
or scientific question; and
``(ii) reflect the best professional
information and judgment of the Committee.
``(2) Coordination.--The Secretary shall coordinate
activities conducted under this section with activities
conducted under section 1628 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5831).
``(3) Public participation.--Each State technical committee
shall--
``(A) provide public notice of, and permit public
attendance at, meetings considering issues of concern
related to any program under this title; and
``(B) distribute meeting minutes to each person
attending a meeting described in subparagraph (A).
``(4) Communication.--Each State conservationist shall
communicate regularly with members of the State technical
committee concerning status of action on recommendations of the
committee.
``(b) Other Duties.--Each State technical committee shall provide
assistance and offer recommendations with respect to the technical
aspects of--
``(1) wetland protection, restoration, and mitigation
requirements;
``(2) criteria to be used in evaluating bids for enrollment
of environmentally-sensitive land in the conservation reserve
program;
``(3) guidelines for haying or grazing and the control of
weeds to protect nesting wildlife on designated acreage
relating to--
``(A) highly erodible land; or
``(B) wetland and conservation compliance;
``(4) addressing common weed and pest problems and programs
to control weeds and pests found on acreage enrolled in the
conservation reserve program;
``(5) guidelines for planting perennial cover for water
quality and wildlife habitat improvement on designated land;
``(6) establishing criteria and priorities for State
initiatives under the environmental quality incentives program
under chapter 4 of subtitle D;
``(7) establishing State and local conservation priorities
under the conservation security program under chapter X of
subtitle D;
``(8) establishing and maintaining natural resource
indicators and conservation program monitoring and evaluation
systems;
``(9) developing conservation program education and
outreach activities;
``(10) evaluating innovative practices and systems under
consideration for inclusion in the field office technical
guides; and
``(11) other matters, as determined to be appropriate by
the Secretary.
``(c) Authority.--
``(1) In general.--Each State technical committee
established under section 1261 shall--
``(A) serve in an advisory capacity; and
``(B) have no implementation or enforcement
authority.
``(2) Consideration by secretary.--In carrying out any
program under this title, the Secretary shall give strong
consideration to the recommendations of a State technical
committee (including factual, technical, or scientific findings
and recommendations relating to areas in which the State
technical committee bears responsibility).
``(d) FACA Requirements.--A State technical committee established
under section 1261 shall be exempt from the Federal Advisory Committee
Act (5 U.S.C. App.).
``(e) Advisory Subcommittees.--
``(1) In general.--Any State or local work group, task
force, or other advisory body authorized by any Federal law
(including a regulation) to advise the Secretary on issues that
are within the areas of responsibility of a State technical
committee established under section 1261 shall be considered to
be a subcommittee of the State technical committee.
``(2) Composition.--Persons eligible to serve on a State
technical committee under section 1261(c) shall also be
eligible to serve on 1 or more subcommittees of a State
technical co
2000
mmittee.
``(3) FACA requirements.--A subcommittee of a State
technical committee established under section 1261 shall be
exempt from the Federal Advisory Committee Act ( 5 U.S.C.
App.).''.
TITLE III--TRADE
Subtitle A--Agricultural Trade Development and Assistance Act of 1954
and Related Statutes
SEC. 301. UNITED STATES POLICY.
Section 2(2) of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1691(2)) is amended by inserting before the
semicolon at the end the following: ``and conflict prevention''.
SEC. 302. PROVISION OF AGRICULTURAL COMMODITIES.
Section 202 of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1722) is amended--
(1) in subsection (b), by adding at the end the following:
``(3) Program diversity.--The Administrator shall--
``(A) encourage eligible organizations to propose
and implement program plans to address 1 or more
aspects of the program under section 201; and
``(B) consider proposals that incorporate a variety
of program objectives and strategic plans based on the
identification by eligible organizations of appropriate
activities to assist development in foreign
countries.'';
(2) in subsection (e)(1), by striking ``not less than
$10,000,000, and not more than $28,000,000,'' and inserting
``not less than 5 percent nor more than 10 percent''; and
(3) by adding at the end the following:
``(h) Certified Institutional Partners.--
``(1) In general.--The Secretary shall promulgate
regulations and issue guidelines to permit private voluntary
organizations and cooperatives to be certified as institutional
partners.
``(2) Requirements.--To become a certified institutional
partner, a private voluntary organization or cooperative shall
submit to the Secretary a certification of organizational
capacity that describes--
``(A) the financial, programmatic, commodity
management, and auditing abilities and practices of the
organization or cooperative; and
``(B) the capacity of the organization or
cooperative to carry out projects in particular
countries.
``(3) Multi-country proposals.--A certified institutional
partner shall be eligible to--
``(A) submit a single proposal for 1 or more
countries that are the same as, or similar to, those
countries in which the certified institutional partner
has already demonstrated organizational capacity;
``(B) receive expedited review and approval of the
proposal; and
``(C) receive commodities and assistance under this
section for use in 1 or more countries.''.
SEC. 303. GENERATION AND USE OF FOREIGN CURRENCIES BY PRIVATE VOLUNTARY
ORGANIZATIONS AND COOPERATIVES.
Section 203 of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1723) is amended--
(1) in subsection (a), by striking ``the recipient country,
or in a country'' and inserting ``1 or more recipient
countries, or 1 or more countries'';
(2) in subsection (c)--
(A) by striking ``foreign currency''; and
(B) by striking ``the recipient country, or in a
country'' and inserting ``1 or more recipient
countries, or in 1 or more countries'';
(3) in subsection (b), by striking ``foreign currency'';
and
(4) in subsection (d)--
(A) by striking ``Foreign currencies'' and
inserting ``Proceeds'';
(B) in paragraph (2)--
(i) by striking ``income generating'' and
inserting ``income-generating''; and
(ii) by striking ``the recipient country or
within a country'' and inserting ``1 or more
recipient countries or within 1 or more
countries''; and
(C) in paragraph (3)--
(i) by inserting a comma after
``invested''; and
(ii) by inserting a comma after ``used''.
SEC. 304. LEVELS OF ASSISTANCE.
Section 204 of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1724) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``that for each
of fiscal years 1996 through 2002 is not less than
2,025,000 metric tons.'' and inserting ``that is not
less than--
``(A) 2,100,000 metric tons for fiscal year 2002;
``(B) 2,200,000 metric tons for fiscal year 2003;
``(C) 2,300,000 metric tons for fiscal year 2004;
and
``(D) 2,400,000 metric tons for fiscal year 2005;
and
``(E) 2,500,000 metric tons for fiscal year
2006.''; and
(B) in paragraph (2), by striking ``1996 through
2002'' and inserting ``2002 through 2006''; and
(2) in subsection (b)(1)--
(A) by striking ``75 percent'' and inserting ``50
percent''; and
(B) by inserting ``(including crude degummed
soybean oil and soybean meal)'' after ``bagged
commodities''.
SEC. 305. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1725) is amended--
(1) in subsection (a), by inserting ``, policies,
guidelines,'' after ``regulations'';
(2) in subsection (d), by inserting ``policies,'' after
``regulations,'' each place it appears; and
(3) in subsection (f), by striking ``2002'' and inserting
``2006''.
SEC. 306. MAXIMUM LEVEL OF EXPENDITURES.
Section 206(a) of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1726(a)) is amended by striking ``1,000,000,000''
and inserting ``2,000,000,000''.
SEC. 307. ADMINISTRATION.
Section 207 of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1726a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by striking paragraph (1) and inserting the
following:
``(1) Recipient countries.--A proposal to enter into a
nonemergency food assistance agreement under this title shall
identify the recipient country or countries that are the
subject of the agreement.
``(2) Timing.--Not later than 120 days after the date of
submission to the Administrator of a proposal submitted by an
eligible organization under this title, the Administrator shall
determine whether to accept the proposal.'';
(2) in subsection (b), by striking ``guideline'' each place
it appears and inserting ``guideline or policy''; and
(3) in subsection (d), by striking ``a United States field
mission'' and inserting ``an eligible organization with an
approved program''.
SEC. 308. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE PREPACKAGED
FOODS.
Section 208(f) of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1726b(f)) is amended by striking ``and 2002'' and
inserting ``through 2006''
2000
.
SEC. 309. SALE PROCEDURE.
Section 403 of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1733) is amended by adding at the end the
following:
``(l) Sale Procedure.--
``(1) In general.--Subsections (b) and (h) shall apply to
sales of commodities in recipient countries to generate
proceeds to carry out projects under titles II and III of this
Act, section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), and section 1110 of the Food for Progress Act of 1985
(7 U.S.C. 1736o).
``(2) Currencies.--Sales of commodities described in
paragraph (1) may be in United States dollars or in a different
currency.
``(3) Sale price.--Sales of commodities described in
paragraph (1) shall be made at the reasonable market price in
the economy of the recipient country, as determined by the
Secretary or the Administrator, as appropriate.''.
SEC. 310. PREPOSITIONING.
Section 407(c)(4) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736a(c)(4)) is amended by striking
``and 2002'' and inserting ``through 2006''.
SEC. 311. EXPIRATION DATE.
Section 408 of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1736b) is amended by striking ``2002'' and
inserting ``2006''.
SEC. 312. MICRONUTRIENT FORTIFICATION PILOT PROGRAM.
Section 415 of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1736g-2) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``a
micronutrient fortification pilot program'' and
inserting ``micronutrient fortification pilot
programs''; and
(B) in the second sentence--
(i) by striking ``the program'' and
inserting ``a program'';
(ii) in paragraph (1), by striking ``and''
at the end;
(iii) in paragraph (2)--
(I) by striking ``whole''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(3) encourage technologies and systems for the improved
quality and safety of fortified grains and other commodities
that are readily transferable to developing countries or that
are produced in the United States.'';
(2) in subsection (c)--
(A) by striking ``the pilot program, whole'' and
inserting ``a pilot program'';
(B) by striking ``the pilot program may'' and
inserting ``a pilot program may''; and
(C) by striking ``including'' and inserting ``such
as''; and
(3) in subsection (d), by striking ``2002'' and inserting
``2006''.
SEC. 313. INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION.
(a) In General.--Title IV of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731 et seq.) is amended by adding at
the end the following:
``SEC. 417. INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION.
``(a) Definitions.--In this section:
``(1) Eligible commodity.--The term `eligible commodity'
means--
``(A) an agricultural commodity; and
``(B) a vitamin or mineral produced--
``(i) in the United States; or
``(ii) in limited situations determined by
the Secretary, outside the United States.
``(2) Eligible organization.--The term `eligible
organization' means a private voluntary organization,
cooperative, or intergovernmental organization, as determined
by the Secretary.
``(3) Program.--The term `Program' means the International
Food for Education and Child Nutrition Program established
under subsection (b)(1).
``(4) Recipient country.--The term `recipient country'
means 1 or more developing countries covered by a plan approved
under subsection (d)(1)(A)(ii).
``(b) Program Establishment.--
``(1) In general.--In cooperation with other countries, the
Secretary shall establish, and the Department of Agriculture
shall act as the lead Federal agency for, the International
Food for Education and Child Nutrition Program, through which
the Secretary shall provide to eligible organizations eligible
commodities and technical and nutritional assistance for pre-
school and school-age children in connection with education
programs to improve food security and enhance educational
opportunities for pre-school age and primary-school age
children in recipient countries.
``(2) Administration.--In carrying out the Program, the
Secretary may use the personnel and other resources of the Food
and Nutrition Service and other agencies of the Department of
Agriculture.
``(c) Purchase and Donation of Eligible Commodities and Provision
of Assistance.--
``(1) In general.--Under the Program, the Secretary shall
enter into agreements with eligible organizations--
``(A) to purchase, acquire, and donate eligible
commodities to eligible organizations; and
``(B) to provide technical and nutritional
assistance.
``(2) Other donor countries.--Consistent with the Program,
the Secretary shall encourage other donor countries, directly
or through eligible organizations--
``(A) to donate goods and funds to recipient
countries; and
``(B) to provide technical and nutritional
assistance to recipient countries.
``(3) Private sector.--The President and the Secretary are
urged to encourage the support and active involvement of the
private sector, foundations, and other individuals and
organizations in programs and activities assisted under this
section.
``(d) Plans and Agreements.--
``(1) In general.--To be eligible to receive eligible
commodities and assistance under this section, an eligible
organization shall--
``(A)(i) submit to the Secretary a plan that
describes the manner in which--
``(I) the eligible commodities and
assistance will be used in 1 or more recipient
countries to meet the requirements of this
section; and
``(II) the role of the government in the
recipient countries in carrying out the plan;
and
``(ii) obtain the approval of the Secretary for the
plan; and
``(B) enter into an agreement with the Secretary
establishing the terms and conditions for use of the
eligible commodities and assistance.
``(2) Multiyear agreements.--
``(A) In general.--An agreement under paragraph
(1)(B) may provide for eligible commodities and
assistance on a multiyear basis.
``(B) Local capacity.--The Secretary shall
facilitate, to the extent the Secretary determines is
appropriate, the development of agreements under
paragraph (1)(B) that, on a multiyear basis, strengthen
local capacity for implementing and managing assistance
programs.
``(3) Streamlined procedures.--The Secreta
2000
ry shall develop
streamlined procedures for the development, review, and
approval of plans submitted under paragraph (1)(A) by eligible
organizations that demonstrate organizational capacity and the
ability to develop, implement, monitor, and report on, and
provide accountability for, activities carried out under this
section.
``(4) Graduation.--An agreement under paragraph (1)(B)
shall include provisions--
``(A)(i) to sustain the benefits to the education,
enrollment, and attendance of children in schools in
the targeted communities when the provision of
commodities and assistance to a recipient country under
the Program terminates; and
``(ii) to estimate the period of time required for
the recipient country or eligible organization to
provide assistance described in subsection (b)(1)
without additional assistance provided under this
section; or
``(B) to otherwise provide other long-term benefits
to the targeted populations.
``(5) Foreign policy, national security, and humanitarian
objectives.--
``(A) Approval of plans.--In consultation with the
Secretary of State and other appropriate foreign policy
officials, the Secretary may establish additional
criteria for the approval of agreements entered into
under paragraph (1)(B) that reflect the foreign policy,
national security, or humanitarian objectives of the
United States.
``(B) Criteria.--Criteria established under
subparagraph (A) may include--
``(i) targeting recipient countries in a
manner that is consistent with the objectives;
and
``(ii) providing a priority for recipient
countries with a significant number of refugees
with low prospects of returning to their homes
in the near future.
``(C) International coalition against terrorism.--
In establishing an international coalition for the
purpose of responding to acts of international
terrorism described in section 2(b) of Public Law 107-
40, the President may recognize the donation of
eligible commodities, and the provision of technical
and nutritional assistance, by a recipient country
under the Program as a valid form of participation in
the coalition.
``(e) Effective Use of Eligible Commodities.--The Secretary shall
ensure, to the maximum extent practicable, that each eligible
organization--
``(1) uses eligible commodities made available under this
section effectively, in the areas of greatest need, and in a
manner that promotes educational development in recipient
countries and other purposes of this section;
``(2) in using assistance provided under this section,
assesses and takes into account the nutritional and educational
needs of participating pre-school age and primary-school age
children;
``(3) works with recipient countries and indigenous
institutions or groups in recipient countries to design and
carry out mutually acceptable food and education assistance
programs for participating pre-school age and primary-school
age children;
``(4) monitors and reports on the distribution or sale of
eligible commodities provided under this section using methods
that will facilitate accurate and timely reporting;
``(5) periodically evaluates the effectiveness of the
Program, including evaluation of whether the food security and
education purposes can be sustained in a recipient country if
the recipient country is gradually terminated from the
assistance in accordance with subsection (d)(4); and
``(6) considers means of improving the operation of the
Program by the eligible organization and ensuring and improving
the quality of the eligible commodities provided under this
section, including improvement of the nutrient or micronutrient
content of the eligible commodities.
``(f) Interagency Coordination on Policy Goals.--The Secretary
shall consult and collaborate with other Federal agencies having
appropriate expertise in order to provide assistance under this section
to promote equal access to education to improve the quality of
education, combat exploitative child labor, and advance broad-based
sustainable economic development in recipient countries.
``(g) Sales and Barter.--
``(1) In general.--Notwithstanding subsection (d)(1)(A),
with the approval of the Secretary, an eligible organization
may--
``(A) acquire funds or goods by selling or
bartering eligible commodities provided under this
section within the recipient country or countries in
the same region as the recipient country; and
``(B) use the funds or goods to improve food
security and enhance educational opportunities for pre-
school age and primary-school age children within the
recipient country, including implementation and
administrative costs incurred in carrying out this
subsection.
``(2) Payment of administrative costs.--An eligible
organization that receives payment for administrative costs
under paragraph (1) shall not be eligible to receive payment
for the same administrative costs under subsection (h)(3).
``(h) Eligible Costs.--Subject to subsections (d)(1) and (m), the
Secretary shall pay all or part of--
``(1) the costs and charges described in paragraphs (1)
through (5) and (7) of section 406(b) with respect to an
eligible commodity;
``(2) the internal transportation, storage, and handling
costs incurred in distributing the eligible commodity, if the
Secretary determines that--
``(A) the recipient country is a low income, net
food-importing country that--
``(i) meets the poverty criteria
established by the International Bank for
Reconstruction and Development for Civil Works
Preference; or
``(ii) has a national government that is
committed to or is working toward, through a
national action plan, the World Declaration on
Education for All convened in 1990 in Jomtien,
Thailand, and the follow-up Dakar Framework for
Action of the World Education Forum in 2000;
and
``(B) payment is appropriate in light of such other
factors as the Secretary considers appropriate; and
``(3) the projected costs of an eligible organization for
administration, sales, monitoring, and technical assistance
under a plan approved by the Secretary under subsection
(d)(1)(A) (including an itemized budget), taking into
consideration, as determined by the Secretary--
``(A) the projected amount of such costs itemized
by category; and
``(B) the projected amount of assistance received
from other donors.
``(i) Displacement.--Subsections (a)(2), (b), and (h) of section
40
2000
3 shall apply to this section.
``(j) Audits and Training.--The Secretary shall take such actions
as the Secretary considers appropriate to support, monitor, audit, and
provide necessary training in proper management under the Program.
``(k) Annual Report.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate an annual report
that describes--
``(1) the results of the implementation of the Program
during the applicable year, including the impact on the
enrollment, attendance, and performance of children in primary
schools targeted under the Program; and
``(2) the level of commitments by, and the potential for
obtaining additional goods and assistance from, other countries
for the purposes of this section during subsequent years.
``(l) Independence of Authorities.--Each authority granted under
this section shall be in addition to, and not in lieu of, any authority
granted to the Secretary or the Commodity Credit Corporation under any
other provision of law.--
``(m) Funding.--
``(1) In general.--Subject to paragraphs (2) and (3), for
each of fiscal years 2002 through 2005, the Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this section.
``(2) Maximum amount.--Subject to paragraph (3), the amount
of funds of the Commodity Credit Corporation used to carry out
this section shall not exceed $250,000,000 for fiscal years
2002 through 2005.
``(3) Use limitations.--Of the funds provided under
paragraph (2), the Secretary may use to carry out subsection
(h)(3) not more than $35,000,000 for each of fiscal years 2002
through 2005.''.
(b) Conforming Amendments.--
(1) Section 404(b)(4) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1734(b)(4)) is amended by
inserting ``with respect to agreements entered into under this
Act (other than section 417),'' after ``(4)''.
(2) Section 406(d) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1736(d)) is amended by
inserting ``(other than section 417)'' after ``this Act''.
(3) Section 412(b)(1) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1736f(b)(1)) is amended by
inserting ``(other than section 417)'' after ``this Act'' each
place it appears.
SEC. 314. FARMER-TO-FARMER PROGRAM.
Section 501(c) of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1737(c)) is amended--
(1) by striking ``0.4'' and inserting ``0.5,''; and
(2) by striking ``2002'' and inserting ``2006''.
SEC. 315. BILL EMERSON HUMANITARIAN TRUST.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1) is amended in subsection (b)(2)(B)(i) and paragraphs (1) and
(2) of subsection (h) by striking ``2002'' each place it appears and
inserting ``2006''.
SEC. 316. FOOD FOR PROGRESS.
(a) Reauthorization.--The Food for Progress Act of 1985 (7 U.S.C.
1736o) is amended in subsections (f)(3), (g), and (k) by striking
``2002'' each place it appears and inserting ``2006''.
(b) Transportation Costs.--Section 1110(f)(3) of the Food for
Progress Act of 1985 (7 U.S.C. 1736o(f)(3)) is amended by striking
``$30,000,000 (or, in the case of fiscal year 1999, $35,000,000)'' and
inserting ``$55,000,000''.
(c) Amounts of Commodities.--Section 1110(g) of the Food for
Progress Act of 1985 (7 U.S.C. 1736o(g)) is amended by striking ``Not
more than 500,000'' and inserting ``Not less than 400,000''.
(d) Multiyear Basis.--Section 1110(j) of the Food for Progress Act
of 1985 (7 U.S.C. 1736o(j)) is amended by striking ``may'' and
inserting ``may, and is encouraged to,''.
(e) Increase in Funding.--Section 1110(l)(1) of the Food for
Progress Act of 1985 (7 U.S.C. 1736o(l)(1)) is amended--
(1) by striking ``fiscal years 1996 through 2002'' and
inserting ``fiscal years 2002 through 2006''; and
(2) by striking ``$10,000,000 (or in the case of fiscal
year 1999, $12,000,000)'' and inserting ``$15,000,000''.
(f) Monetization.--Section 1110(l)(3) of the Food for Progress Act
of 1985 (7 U.S.C. 1736o(l)(3)) is amended by striking ``local
currencies derived from'' and inserting ``proceeds of''.
(g) Smooth Program Delivery.--Section 1110 of the Food for Progress
Act of 1985 (7 U.S.C. 1736o) is amended by adding at the end the
following:
``(p) Timely Approval.--
``(1) In general.--The Secretary is encouraged to finalize
program agreements and resource requests for programs under
this section--
``(A) before the beginning of each fiscal year; or
``(B) as soon as funds are made available for the
fiscal year.
``(2) Report.--Not later than December 1 of each year, the
Secretary shall submit to the Committee on Agriculture and the
Committee on International Relations of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that contains--
``(A) a list of programs, countries, and
commodities approved to date for assistance under this
section; and
``(B) a statement of the total amount of funds
approved to date for transportation and administrative
costs under this section.
``(q) Certified Institutional Partners.--
``(1) In general.--The Secretary shall promulgate
regulations and guidelines to permit private voluntary
organizations and cooperatives to be certified as institutional
partners.
``(2) Requirements.--To become a certified institutional
partner, a private voluntary organization or cooperative shall
submit to the Secretary a certification of organizational
capacity that describes--
``(A) the financial, programmatic, commodity
management, and auditing abilities and practices of the
organization or cooperative; and
``(B) the capacity of the organization or
cooperative to carry out projects in particular
countries.
``(3) Multi-country proposals.--A certified institutional
partner shall be eligible to--
``(A) submit a single proposal for 1 or more
countries that are the same as, or similar to, those
countries in which the certified institutional partner
has already demonstrated organizational capacity;
``(B) receive expedited review and approval of the
proposal; and
``(C) request commodities and assistance under this
section for use in 1 or more countries.''.
SEC. 317. TROPICAL FOREST CONSERVATION.
(a) Reduction of Debt Owed to the United States as a Result of
Concessional Loans.--Section 806(a)(2)(C) of the Tropical Forest
Conservation Act of 1998 (22 U.S.C. 2431d(a)(2)(C)) is amended by
striking ``fiscal year 2001'' and inserting ``each of fiscal years 2001
through 2006''.
(b) Reduction of Debt Owed to the United States as a Result of
Extended Credits.--Section 807(a)(2)(A)(iii) of the Tropical Forest
Conservation Act of 1998 (22 U.S.C. 2431e(a)(2)(A)(iii)) is amended by
striking ``fiscal year 2001'' and inserting ``each of fiscal years 2001
through 2006''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 321. EXPORT CREDIT GUARANTEE PROGRAM.
(a) Term of Supplier Credit Program.--Section 202(a)(2) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5622(a)(2)) is amended by
striking ``1
2000
80'' and inserting ``360''.
(b) Processed and High-Value Products.--Section 202(k)(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5622(k)(1)) is amended by
striking ``, 2001, and 2002'' and inserting ``through 2006''.
(c) Reauthorization.--Section 211(b)(1) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5641(b)(1)) is amended by striking ``2002'' and
inserting ``2006''.
(d) Report.--Section 211 of the Agricultural Trade Act of 1978 (7
U.S.C. 5641) is amended by adding at the end the following:
``(d) Report on Agricultural Export Credit Programs.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Secretary shall submit to the Committee on Agriculture and the
Committee on International Relations of the House of
Representatives and the Committee on Agriculture, Nutrition and
Forestry of the Senate a report on the status of multilateral
negotiations regarding agricultural export credit programs at
the World Trade Organization and the Organization of Economic
Cooperation and Development in fulfillment of Article 10.2 of
the Agreement on Agriculture (as described in section 101(d)(2)
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2))).
``(2) Classified information.--The report under paragraph
(1) shall be submitted in unclassified form, but may contain a
classified annex.''.
SEC. 322. MARKET ACCESS PROGRAM.
Section 211(c)(1) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641(c)(1)) is amended by striking ``2002'' and inserting ``2001,
$100,000,000 for fiscal year 2002, $120,000,000 for fiscal year 2003,
$145,000,000 for fiscal year 2004, $170,000,000 for fiscal year 2005,
and $200,000,000 for fiscal year 2006''.
SEC. 323. EXPORT ENHANCEMENT PROGRAM.
(a) In General.--Section 301(e)(1)(G) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5651(e)(1)(G)) is amended by striking ``fiscal year
2002'' and inserting ``each of fiscal years 2002 through 2006''.
(b) Unfair Trade Practices.--Section 102(5)(A) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5602(5)(A)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) changes United States export terms
of trade through a deliberate change in the
dollar exchange rate of a competing
exporter.''.
SEC. 324. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
The Agricultural Trade Act of 1978 is amended by striking section
703 (7 U.S.C. 5723) and inserting the following:
``SEC. 703. FUNDING.
``(a) In General.--To carry out this title, the Secretary shall use
funds of the Commodity Credit Corporation, or in commodities of the
Commodity Credit Corporation of a value of the following amounts:
``(1) For fiscal year 2002, $37,500,000.
``(2) For fiscal year 2003, $40,000,000.
``(3) For fiscal year 2004 and each subsequent fiscal year,
$42,500,000.
``(b) Additional Criterion.--Of funds or commodities provided under
subsection (a) in excess of $28,000,000 for any fiscal year, at least
50 percent shall be reserved for--
``(1) eligible trade organizations that have never
participated in the program under this title; or
``(2) programs in countries that have not been targeted
previously by the program under this title.''.
Subtitle C--Miscellaneous Agricultural Trade Provisions
SEC. 331. EMERGING MARKETS.
Section 1542 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is amended in
subsections (a) and (d)(1)(A)(i), by striking ``2002'' each place it
appears and inserting ``2006''.
SEC. 332. REPORTS ON INSPECTION OF IMPORTED MEAT, POULTRY, OTHER FOODS,
ANIMALS, AND PLANTS.
Section 361(i)(4)(B) of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3421(i)(4)(B)) is amended by striking
``2004'' and inserting ``2006''.
SEC. 333. SURPLUS COMMODITIES FOR DEVELOPING OR FRIENDLY COUNTRIES.
(a) Use of Currencies.--Section 416(b)(7)(D) of the Agricultural
Act of 1949 (7 U.S.C. 1431(b)(7)(D)) is amended--
(1) in clauses (i) and (iii), by striking ``foreign
currency'' each place it appears;
(2) in clause (ii)--
(A) in the first sentence, by striking ``Foreign
currencies'' and inserting ``Proceeds''; and
(B) in the second sentence, by striking ``foreign
currency''; and
(3) in clause (iv)--
(A) by striking ``Foreign currency proceeds'' and
inserting ``Proceeds'';
(B) by striking ``country of origin'' the second
place it appears and all that follows through ``as
necessary to expedite'' and inserting ``country of
origin as necessary to expedite''; and
(C) by striking ``; or'' and all that follows and
inserting a period.
(b) Implementation of Agreements.--Section 416(b)(8) of the
Agricultural Act of 1949 (7 U.S.C. 1431(b)(8)) is amended--
(1) by striking ``(8)(A)'' and all that follows through
``(B) The Secretary'' and inserting the following:
``(8) Administrative provisions.--
``(A) Procedure.--
``(i) Estimate of commodities.--Not later
than October 31 of each fiscal year, the
Secretary shall publish in the Federal Register
an estimate of the quantity of each commodity
that will be available for distribution under
this section for the fiscal year.
``(ii) Program agreements.--
``(I) Timing.--The Secretary is
encouraged to finalize program
agreements under this section not later
than December 31 of each fiscal year.
``(II) Direct delivery.--In
addition to practices in effect on the
date of enactment of this subclause,
the Secretary may approve an agreement
that provides for direct delivery of
eligible commodities to milling or
processing facilities more than 50
percent of the interest in which is
owned by United States citizens in
recipient countries, with proceeds of
transactions transferred in cash to
eligible organizations to carry out
approved projects.
``(B) Regulations.--The Secretary''.
SEC. 334. AGRICULTURAL TRADE WITH CUBA.
Section 908 of the Agriculture, Rural Development, Food and Drug
Administration and Related Agencies Appropriations Act, 2001 (22 U.S.C.
7207), is amended--
(1) by striking subsection (b); and
(2) in subsection (a)--
(A) by striking ``(a)'' and all that follows
through ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding'';
(B) by striking ``(2) Rule of construction.--
Nothing in paragraph (1)'' and inserting the following:
``(b) Rule of Construction.--Nothing in subsection (a)''; and
(C) by striking paragraph
2000
(3).
SEC. 335. OFFICE OF TRADE BARRIER RAPID RESPONSE.
Subtitle B of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6931 et seq.) is amended by adding at the end the
following:
``SEC. 228. OFFICE OF TRADE BARRIER RAPID RESPONSE.
``(a) In General.--The Secretary shall establish for the
Department, in the Foreign Agricultural Service, the Office of Trade
Barrier Rapid Response (referred to in this section as the `Office').
``(b) Responsibilities.--The Office shall be responsible for--
``(1) conducting outreach with domestic and foreign
consumers on issues of general interest to United States
farmers and ranchers; and
``(2) assisting exporters of agricultural commodities,
including by making a grant, in situations in which an exporter
faces an unwarranted or arbitrary barrier to trade due to
disease or a food safety concern.
``(c) Staff.--The staff of the Office shall include at least 1
specialist with expertise on issues of agricultural biotechnology.
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $5,000,000 for each fiscal year.
``(2) Grants.--Of amounts made available under paragraph
(1) for a fiscal year, the Secretary shall reserve at least
$2,000,000 to make grants under subsection (b)(2).''.
SEC. 336. SENSE OF CONGRESS CONCERNING AGRICULTURAL TRADE POLICY
OBJECTIVES.
It is the sense of Congress that the principal negotiating
objective of the United States with respect to agriculture in all
multilateral, regional, and bilateral negotiations is to obtain
competitive opportunities for United States exports in foreign markets
substantially equivalent to the competitive opportunities afforded
foreign exports in United States markets and to achieve fairer and more
open conditions of trade in bulk and value-added commodities by--
(1) reducing or eliminating, by a date certain, tariffs or
other charges that decrease market opportunities for United
States exports, giving priority to products that are subject to
significantly higher tariffs or subsidy regimes of major
producing countries;
(2) reducing or eliminating subsidies that decrease market
opportunities for United States exports or unfairly distort
agriculture markets to the detriment of the United States;
(3) developing, strengthening, and clarifying rules and
effective dispute settlement mechanisms to eliminate practices
that unfairly decrease United States market access
opportunities or distort agricultural markets to the detriment
of the United States, including--
(A) unfair or trade-distorting activities of state
trading enterprises and other administrative
mechanisms, with emphasis on requiring price
transparency in the operation of state trading
enterprises and such other mechanisms;
(B) unjustified trade restrictions or commercial
requirements affecting new technologies, including
biotechnology;
(C) unjustified sanitary or phytosanitary
restrictions, including restrictions that are not based
on scientific principles, in contravention of the
Uruguay Round Agreements;
(D) other unjustified technical barriers to trade;
and
(E) restrictive and nontransparent rules in the
administration of tariff rate quotas;
(4) improving import relief mechanisms to recognize the
unique characteristics of perishable agriculture;
(5) taking into account whether a party to the negotiations
has--
(A) failed to adhere to the provisions of an
existing bilateral trade agreement with the United
States; or
(B) circumvented obligations under a multilateral
trade agreement to which the United States is a
signatory; and
(6) otherwise ensuring that countries that accede to the
World Trade Organization--
(A) have made meaningful market liberalization
commitments in agriculture; and
(B) make progress in fulfilling those commitments
over time.
TITLE IV--NUTRITION PROGRAMS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Food Stamp Reauthorization Act of
2001''.
Subtitle A--Food Stamp Program
SEC. 411. ENCOURAGEMENT OF PAYMENT OF CHILD SUPPORT.
(a) Exclusion.--Section 5(d)(6) of the Food Stamp Act of 1977 (7
U.S.C. 2014(d)(6)) is amended by adding at the end the following: ``and
child support payments made by a household member to or for an
individual who is not a member of the household if the household member
is legally obligated to make the payments,''.
(b) Simplified Procedure.--Section 5 of the Food Stamp Act of 1977
(7 U.S.C. 2014) is amended--
(1) in subsection (e), by striking paragraph (4) and
inserting the following:
``(4) Deduction for child support payments.--
``(A) In general.--In lieu of providing an
exclusion for legally obligated child support payments
made by a household member under subsection (d)(6), a
State agency may elect to provide a deduction for the
amount of the payments.
``(B) Order of determining deductions.--A deduction
under this paragraph shall be determined before the
computation of the excess shelter expense deduction
under paragraph (7).''; and
(2) by adding at the end the following:
``(n) State Options To Simplify Determination of Child Support
Payments Made by Household Members.--
``(1) In general.--Regardless of whether a State agency
elects to provide a deduction under subsection (e)(4), the
Secretary shall establish simplified procedures to allow State
agencies, at the option of the State agencies, to determine the
amount of the legally obligated child support payments made,
including procedures to allow the State agency to rely on
information from the agency responsible for implementing the
program under part D of title IV of the Social Security Act (42
U.S.C. 661 et seq.) concerning payments made in prior months in
lieu of obtaining current information from the household.
``(2) Duration of determination of amount of support
payments.--If a State agency makes a determination of the
amount of support payments of a household under paragraph (1),
the State agency may provide that the amount of the exclusion
or deduction for the household shall not change until the
eligibility of the household is next redetermined under section
11(e)(4).''.
SEC. 412. SIMPLIFIED DEFINITION OF INCOME.
Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)) is
amended--
(1) by striking ``and (15)'' and inserting ``(15)''; and
(2) by inserting before the period at the end the
following: ``, (16) at the option of the State agency, any
educational loans on which payment is deferred, grants,
scholarships, fellowships, veterans' educational benefits, and
the like (other than loans, grants, scholarships, fellowships,
veterans' educational benefits, and the like excluded under
paragraph (3)), to the extent that they are required to be
excluded under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.), (17) at the option of the State agency,
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any
State complementary assistance program payments that are
excluded for the purpose of determining eligibility for medical
assistance under section 1931 of the Social Security Act (42
U.S.C. 1396u-1), and (18) at the option of the State agency,
any types of income that the State agency does not consider
when determining eligibility for (A) cash benefits under a
program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) or the amount of such benefits, or
(B) medical assistance under section 1931 of the Social
Security Act (42 U.S.C. 1396u-1), except that this paragraph
does not authorize a State agency to exclude wages or salaries,
benefits under title I, II, IV, X, XIV, or XVI of the Social
Security Act (42 U.S.C. 1381 et seq.), regular payments from a
government source (such as unemployment benefits and general
assistance), worker's compensation, or such other types of
income the consideration of which the Secretary determines by
regulation to be essential to equitable determinations of
eligibility and benefit levels''.
SEC. 413. INCREASE IN BENEFITS TO HOUSEHOLDS WITH CHILDREN.
Section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is
amended by striking paragraph (1) and inserting the following:
``(1) Standard deduction.--
``(A) In general.--Subject to the other provisions
of this paragraph, the Secretary shall allow for each
household a standard deduction that is equal to the
greater of--
``(i) the applicable percentage specified
in subparagraph (D) of the applicable income
standard of eligibility established under
subsection (c)(1); or
``(ii) the minimum deduction specified in
subparagraph (E).
``(B) Guam.--The Secretary shall allow for each
household in Guam a standard deduction that is--
``(i) equal to the applicable percentage
specified in subparagraph (D) of twice the
income standard of eligibility established
under subsection (c)(1) for the 48 contiguous
States and the District of Columbia; but
``(ii) not less than the minimum deduction
for Guam specified in subparagraph (E).
``(C) Households of 6 or more members.--The income
standard of eligibility established under subsection
(c)(1) for a household of 6 members shall be used to
calculate the standard deduction for each household of
6 or more members.
``(D) Applicable percentage.--For the purpose of
subparagraph (A), the applicable percentage shall be--
``(i) 8 percent for each of fiscal years
2002 through 2007;
``(ii) 8.5 percent for each of fiscal years
2008 through 2010; and
``(iii) 9 percent for fiscal year 2011 and
each subsequent fiscal year.
``(E) Minimum deduction.--The minimum deduction
shall be $134, $229, $189, $269, and $118 for the 48
contiguous States and the District of Columbia, Alaska,
Hawaii, Guam, and the Virgin Islands of the United
States, respectively.''.
SEC. 414. SIMPLIFIED DETERMINATION OF HOUSING COSTS.
(a) In General.--Section 5(e)(7) of the Food Stamp Act of 1977 (7
U.S.C. 2014(e)(7)) is amended--
(1) in subparagraph (A)--
(A) by striking ``A household'' and inserting the
following:
``(i) In general.--A household''; and
(B) by adding at the end the following:
``(ii) Inclusion of certain payments.--In
determining the shelter expenses of a household
under this paragraph, the State agency shall
include any required payment to the landlord of
the household without regard to whether the
required payment is designated to pay specific
charges.''; and
(2) by adding at the end the following:
``(D) Homeless households.--
``(i) Alternative deduction.--In lieu of
the deduction provided under subparagraph (A),
a State agency may elect to allow a household
in which all members are homeless individuals,
but that is not receiving free shelter
throughout the month, to receive a deduction of
$143 per month.
``(ii) Ineligibility.--The State agency may
make a household with extremely low shelter
costs ineligible for the alternative deduction
under clause (i).''.
(b) Conforming Amendments.--Section 5 of the Food Stamp Act of 1977
(7 U.S.C. 2014) is amended--
(1) in subsection (e)--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively; and
(2) in subsection (k)(4)(B), by striking ``subsection
(e)(7)'' and inserting ``subsection (e)(6)''.
SEC. 415. SIMPLIFIED UTILITY ALLOWANCE.
Section 5(e)(6)(C)(iii) of the Food Stamp Act of 1977 (as amended
by section 414(b)(1)(B)) is amended--
(1) in subclause (I)(bb), by inserting ``(without regard to
subclause (III))'' after ``Secretary finds''; and
(2) by adding at the end the following:
``(III) Inapplicability of certain
restrictions.--Clauses (ii)(II) and
(ii)(III) shall not apply in the case
of a State agency that has made the use
of a standard utility allowance
mandatory under subclause (I).''.
SEC. 416. SIMPLIFIED PROCEDURE FOR DETERMINATION OF EARNED INCOME.
Section 5(f)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(f)(1))
is amended by adding at the end the following:
``(C) Simplified determination of earned income.--
``(i) In general.--A State agency may elect
to determine monthly earned income by
multiplying weekly income by 4 and biweekly
income by 2.
``(ii) Adjustment of earned income
deduction.--A State agency that makes an
election described in clause (i) shall adjust
the earned income deduction under subsection
(e)(2)(B) to the extent necessary to prevent
the election from resulting in increased costs
to the food stamp program, as determined
consistent with standards promulgated by the
Secretary.''.
SEC. 417. SIMPLIFIED DEFINITION OF RESOURCES.
Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is
amended by adding at the end the following:
``(6) Exclusion of types of financial resources not
considered under certain other federal programs.--
``(A) In general.--Subject to subparagraph (B), the
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Secretary shall promulgate regulations under which a
State agency may, at the option of the State agency,
exclude from financial resources under this subsection
any types of financial resources that the State agency
does not consider when determining eligibility for cash
benefits under a program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.).
``(B) Limitations.--Subparagraph (A) does not
authorize a State agency to exclude--
``(i) cash;
``(ii) licensed vehicles;
``(iii) amounts in any account in a
financial institution that are readily
available to the household; or
``(iv) any other similar type of resource
the inclusion in financial resources of which
the Secretary determines by regulation to be
essential to equitable determinations of
eligibility under the food stamp program,
except to the extent that any of those types of
resources are excluded under another paragraph
of this subsection.''.
SEC. 418. ALTERNATIVE ISSUANCE SYSTEMS IN DISASTERS.
Section 5(h)(3)(B) of the Food Stamp Act of 1977 (7 U.S.C.
2014(h)(3)(B)) is amended--
(1) in the first sentence, by inserting ``issuance methods
and'' after ``shall adjust''; and
(2) in the second sentence, by inserting ``, any conditions
that make reliance on electronic benefit transfer systems
described in section 7(i) impracticable,'' after ``personnel''.
SEC. 419. STATE OPTION TO REDUCE REPORTING REQUIREMENTS.
Section 6(c)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(c)(1))
is amended--
(1) in subparagraph (B), by striking ``monthly'' and
inserting ``periodic''; and
(2) by adding at the end the following:
``(D) Frequency of reporting.--
``(i) In general.--Except as provided in
subparagraphs (A) and (C), a State agency may
require households that report on a periodic
basis to submit reports--
``(I) not less often than once each
6 months; but
``(II) not more often than once
each month.
``(ii) Reporting by households with excess
income.--A household required to report less
often than once each 3 months shall,
notwithstanding subparagraph (B), report in a
manner prescribed by the Secretary if the
income of the household for any month exceeds
the standard established under section
5(c)(2).''.
SEC. 420. BENEFITS FOR ADULTS WITHOUT DEPENDENTS.
(a) In General.--Section 6(o) of the Food Stamp Act of 1977 (7
U.S.C. 2015(o)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking ``subsection
(d)(4)'' and all that follows and inserting
``subsection (d)(4); and''; and
(C) by adding at the end the following:
``(D) a job search program or job search training
program if--
``(i) the program meets standards
established by the Secretary to ensure that the
participant is continuously and actively
seeking employment in the private sector; and
``(ii) no position is currently available
for the participant in an employment or
training program that meets the requirements of
subparagraph (C).'';
(2) in paragraph (2)--
(A) by striking ``36-month'' and inserting ``24-
month'';
(B) by striking ``3'' and inserting ``6''; and
(C) in subparagraph (D), by striking ``(4), (5), or
(6)'' and inserting ``(4), or (5)'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``the individual is'';
(B) in each of subparagraphs (A) through (E), by
inserting ``the individual is'' after the subparagraph
designation;
(C) in subparagraph (D), by striking ``or'' at the
end;
(D) in subparagraph (E), by striking the period at
the end and inserting ``; or''; and
(E) by adding at the end the following:
``(F) in the case of an individual who would
otherwise be ineligible under paragraph (2), the
individual meets the work requirement of subparagraph
(A), (B), or (C) of paragraph (2).'';
(4) by striking paragraph (5);
(5) in paragraph (6)(A)(ii)--
(A) in subclause (III), by adding ``and'' at the
end;
(B) in subclause (IV)--
(i) by striking ``3'' and inserting ``6'';
and
(ii) by striking ``; and'' and inserting a
period; and
(C) by striking subclause (V); and
(6) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
(b) Conforming Amendment.--Section 16(h)(1)(B)(i)(I) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(h)(1)(B)(i)(I)) is amended by striking
``section 6(o)(6)(A))'' and inserting ``section 6(o)(5)(A))''.
(c) Implementation of Amendments.--For the purpose of implementing
the amendments made by subsection (a), a State agency shall disregard
any period during which an individual received food stamp benefits
before the effective date of this title.
SEC. 421. PRESERVATION OF ACCESS TO ELECTRONIC BENEFITS.
(a) In General.--Section 7(i)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2016(i)(1)) is amended by adding at the end the following:
``(E) Access to ebt systems.--
``(i) In general.--No benefits shall be
taken off-line or otherwise made inaccessible
because of inactivity until at least 180 days
have elapsed since a household last accessed
the account of the household.
``(ii) Notice to household.--In a case in
which benefits are taken off-line or otherwise
made inaccessible, the household shall be sent
a notice that--
``(I) explains how to reactivate
the benefits; and
``(II) offers assistance if the
household is having difficulty
accessing the benefits of the
household.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to each contract to operate an electronic benefit
transfer system that a State agency enters into after the date of
enactment of this Act.
SEC. 422. COST NEUTRALITY FOR ELECTRONIC BENEFIT TRANSFER SYSTEMS.
Section 7(i)(2)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2016(i)(2)(A
2000
)) is amended by striking ``system to ensure'' and all that
follows and inserting ``system;''.
SEC. 423. ALTERNATIVE PROCEDURES FOR RESIDENTS OF CERTAIN GROUP
FACILITIES.
(a) In General.--Section 8 of the Food Stamp Act of 1977 (7 U.S.C.
2017) is amended by adding at the end the following:
``(f) Simplified Procedures for Residents of Certain Group
Facilities.--
``(1) In general.--At the option of the State agency,
allotments for residents of facilities described in
subparagraph (A), (B), or (E) of section 3(i)(5) may be
determined and issued under this subsection in lieu of
subsection (a).
``(2) Amount of allotment.--The allotment for each eligible
resident described in paragraph (1) shall be calculated in
accordance with standardized procedures established by the
Secretary that take into account the allotments typically
received by residents of facilities described in paragraph (1).
``(3) Issuance of allotment.--
``(A) In general.--The State agency shall issue an
allotment determined under this subsection to the
administration of a facility described in paragraph (1)
as the authorized representative of the residents of
the facility.
``(B) Adjustment.--The Secretary shall establish
procedures to ensure that a facility described in
paragraph (1) does not receive a greater proportion of
a resident's monthly allotment than the proportion of
the month during which the resident lived in the
facility.
``(4) Departures of covered residents.--
``(A) Notification.--Any facility described in
paragraph (1) that receives an allotment for a resident
under this subsection shall--
``(i) notify the State agency promptly on
the departure of the resident; and
``(ii) notify the resident, before the
departure of the resident, that the resident--
``(I) is eligible for continued
benefits under the food stamp program;
and
``(II) should contact the State
agency concerning continuation of the
benefits.
``(B) Issuance to departed residents.--On receiving
a notification under subparagraph (A)(i) concerning the
departure of a resident, the State agency--
``(i) shall promptly issue the departed
resident an allotment for the days of the month
after the departure of the resident (calculated
in a manner prescribed by the Secretary) unless
the departed resident reapplies to participate
in the food stamp program; and
``(ii) may issue an allotment for the month
following the month of the departure (but not
any subsequent month) based on this subsection
unless the departed resident reapplies to
participate in the food stamp program.
``(C) Authorized delay in issuance.--The State
agency may delay issuance under subparagraph (B)(i) if
the State agency lacks sufficient information on the
location of the departed resident to provide the
allotment.
``(D) Effect of reapplication.--If the departed
resident reapplies to participate in the food stamp
program, the allotment of the departed resident shall
be determined without regard to this subsection.''.
(b) Conforming Amendments.--
(1) Section 3(i) of the Food Stamp Act of 1977 (7 U.S.C.
2012(i)) is amended--
(A) by striking ``(i) `Household' means (1) an''
and inserting the following:
``(i)(1) `Household' means--
``(A) an'';
(B) in the first sentence, by striking ``others, or
(2) a group'' and inserting the following: ``others; or
``(B) a group'';
(C) in the second sentence, by striking ``Spouses''
and inserting the following:
``(2) Spouses'';
(D) in the third sentence, by striking
``Notwithstanding'' and inserting the following:
``(3) Notwithstanding'';
(E) in paragraph (3) (as designated by subparagraph
(D)), by striking ``the preceding sentences'' and
inserting ``paragraphs (1) and (2)'';
(F) in the fourth sentence, by striking ``In no
event'' and inserting the following:
``(4) In no event'';
(G) in the fifth sentence, by striking ``For the
purposes of this subsection, residents'' and inserting
the following:
``(5) For the purposes of this subsection, the following persons
shall not be considered to be residents of institutions and shall be
considered to be individual households:
``(A) Residents''; and
(H) in paragraph (5) (as designated by subparagraph
(G))--
(i) by striking ``Act, or are individuals''
and inserting the following: ``Act.
``(B) Individuals'';
(ii) by striking ``such section,
temporary'' and inserting the following: ``that
section.
``(C) Temporary'';
(iii) by striking ``children, residents''
and inserting the following: ``children.
``(D) Residents'';
(iv) by striking ``coupons, and narcotics''
and inserting the following: ``coupons.
``(E) Narcotics''; and
(v) by striking ``shall not'' and all that
follows and inserting a period.
(2) Section 5(a) of the Food Stamp Act of 1977 (7 U.S.C.
2014(a)) is amended by striking ``the third sentence of section
3(i)'' each place it appears and inserting ``section 3(i)(4)''.
(3) Section 8(e)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2017(e)(1)) is amended by striking ``the last sentence of
section 3(i)'' and inserting ``section 3(i)(5)''.
(4) Section 17(b)(1)(B)(iv)(III)(aa) of the Food Stamp Act
of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(aa)) is amended by
striking ``the last 2 sentences of section 3(i)'' and inserting
``paragraphs (4) and (5) of section 3(i)''.
SEC. 424. AVAILABILITY OF FOOD STAMP PROGRAM APPLICATIONS ON THE
INTERNET.
Section 11(e)(2)(B)(ii) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(2)(B)(ii)) is amended--
(1) by inserting ``(I)'' after ``(ii)'';
(2) in subclause (I) (as designated by paragraph (1)), by
adding ``and'' at the end; and
(3) by adding at the end the following:
``(II) if the State agency maintains a website for
the State agency, shall make the application available
on the website in each language in which the State
agency makes a printed application available;''.
SEC. 425. SIMPLIFIED DETERMINATIONS OF CONTINUING ELIGIBILITY.
(a) In General.--Section 11(e) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)) is amended--
(1) by striking paragraph (4) and inserting the following:
2000
``(4)(A) that the State agency shall periodically require
each household to cooperate in a redetermination of the
eligibility of the household.
``(B) A redetermination under subparagraph (A) shall--
``(i) be based on information supplied by the
household; and
``(ii) conform to standards established by the
Secretary.
``(C) The interval between redeterminations of eligibility
under subparagraph (A) shall not exceed the eligibility review
period;'' and
(2) in paragraph (10)--
(A) by striking ``within the household's
certification period''; and
(B) by striking ``or until'' and all that follows
through ``occurs earlier''.
(b) Conforming Amendments.--
(1) Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C.
2012(c)) is amended--
(A) by striking ``Certification period'' and
inserting ``Eligibility review period''; and
(B) by striking ``certification period'' each place
it appears and inserting ``eligibility review period''.
(2) Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014)
is amended--
(A) in subsection (d)(2), by striking ``in the
certification period which'' and inserting ``that'';
and
(B) in subsection (e) (as amended by section
414(b)(1)(B))--
(i) in paragraph (5)(B)(ii)--
(I) in subclause (II), by striking
``certification period'' and inserting
``eligibility review period''; and
(II) in subclause (III), by
striking ``has been anticipated for the
certification period'' and inserting
``was anticipated when the household
applied or at the most recent
redetermination of eligibility for the
household''; and
(ii) in paragraph (6)(C)(iii)(II), by
striking ``the end of a certification period''
and inserting ``each redetermination of the
eligibility of the household''.
(3) Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015)
is amended--
(A) in subsection (c)(1)(C)(iv), by striking
``certification period'' each place it appears and
inserting ``interval between required redeterminations
of eligibility''; and
(B) in subsection (d)(1)(D)(v)(II), by striking ``a
certification period'' and inserting ``an eligibility
review period''.
(4) Section 8(c) of the Food Stamp Act of 1977 (7 U.S.C.
2017(c)) is amended--
(A) in the second sentence of paragraph (1), by
striking ``within a certification period''; and
(B) in paragraph (2)(B), by striking ``expiration
of'' and all that follows through ``during a
certification period,'' and inserting ``termination of
benefits to the household,''.
(5) Section 11(e)(16) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)(16)) is amended by striking ``the certification
or recertification'' and inserting ``determining the
eligibility''.
SEC. 426. CLEARINGHOUSE FOR SUCCESSFUL NUTRITION EDUCATION EFFORTS.
Section 11(f) of the Food Stamp Act of 1977 (7 U.S.C. 2020(f)) is
amended by adding at the end the following:
``(3) Nutrition education clearinghouse.--The Secretary
shall--
``(A) request State agencies to submit to the
Secretary descriptions of successful nutrition
education programs designed for use in the food stamp
program and other nutrition assistance programs;
``(B) make the descriptions submitted under
subparagraph (A) available on the website of the
Department of Agriculture; and
``(C) inform State agencies of the availability of
the descriptions on the website.''.
SEC. 427. TRANSITIONAL FOOD STAMPS FOR FAMILIES MOVING FROM WELFARE.
(a) In General.--Section 11 of the Food Stamp Act of 1977 (7 U.S.C.
2020) is amended by adding at the end the following:
``(s) Transitional Benefits Option.--
``(1) In general.--A State agency may provide transitional
food stamp benefits to a household that ceases to receive cash
benefits under a State program funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.).
``(2) Transitional benefits period.--Under paragraph (1), a
household may continue to receive food stamp benefits for a
period of not more than 6 months after the date on which cash
benefits are terminated.
``(3) Amount of benefits.--During the transitional benefits
period under paragraph (2), a household shall receive an amount
of food stamp benefits equal to the allotment received in the
month immediately preceding the date on which cash benefits
were terminated, adjusted for--
``(A) the change in household income as a result of
the termination of cash benefits; and
``(B) any changes in circumstances that may result
in an increase in the food stamp allotment of the
household and that the household elects to report.
``(4) Determination of future eligibility.--In the final
month of the transitional benefits period under paragraph (2),
the State agency may--
``(A) require the household to cooperate in a
redetermination of eligibility; and
``(B) initiate a new eligibility review period for
the household without regard to whether the preceding
eligibility review period has expired.
``(5) Limitation.--A household shall not be eligible for
transitional benefits under this subsection if the household--
``(A) loses eligibility under section 6;
``(B) is sanctioned for a failure to perform an
action required by Federal, State, or local law
relating to a cash benefits program described in
paragraph (1); or
``(C) is a member of any other category of
households designated by the State agency as ineligible
for transitional benefits.''.
(b) Conforming Amendments.--
(1) Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C.
2012(c)) is amended by adding at the end the following: ``The
limits specified in this section may be extended until the end
of any transitional benefit period established under section
11(s).''.
(2) Section 6(c) of the Food Stamp Act of 1977 (7 U.S.C.
2015(c)) is amended by striking ``No household'' and inserting
``Except in a case in which a household is receiving
transitional benefits during the transitional benefits period
under section 11(s), no household''.
SEC. 428. REFORM OF QUALITY CONTROL SYSTEM.
(a) In General.--Section 16(c) of the Food Stamp Act of 1977 (7
U.S.C. 2025(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``Under such system'' and all that
follows through ``(A) the Secretary'' and inserting the
f
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ollowing: ``The system referred to in the preceding
sentence shall have the following elements:
``(A) The Secretary'';
(B) in subparagraph (A)--
(i) by striking ``one percentage point to a
maximum of 60'' and inserting ``\1/2\ of 1
percentage point to a maximum of 55''; and
(ii) by striking the semicolon at the end
and inserting a period; and
(C) by striking subparagraph (B) and all that
follows and inserting the following:
``(B) Investigation and initial sanctions.--
``(i) Investigation.--Except as provided
under subparagraph (C), for any fiscal year in
which the Secretary determines that a 95
percent statistical probability exists that the
payment error rate of a State agency exceeds
the national performance measure for payment
error rates announced under paragraph (6) by
more than 1 percentage point, other than for
good cause shown, the Secretary shall
investigate the administration by the State
agency of the food stamp program unless the
Secretary determines that sufficient
information is already available to review the
administration by the State agency.
``(ii) Initial sanctions.--If an
investigation under clause (i) results in a
determination that the State agency has been
seriously negligent (as determined under
standards promulgated by the Secretary), the
State agency shall pay the Secretary an amount
that reflects the extent of such negligence (as
determined under standards promulgated by the
Secretary), not to exceed 5 percent of the
amount provided to the State agency under
subsection (a) for the fiscal year.
``(C) Additional sanctions.--If, for any fiscal
year, the Secretary determines that a 95 percent
statistical probability exists that the payment error
rate of a State agency exceeds the national performance
measure for payment error rates announced under
paragraph (6) by more than 1 percentage point, other
than for good cause shown, and that the State agency
was sanctioned under this paragraph or was the subject
of an investigation or review under subparagraph (B)(i)
for each of the 2 immediately preceding fiscal years,
the State agency shall pay to the Secretary an amount
equal to the product obtained by multiplying--
``(i) the value of all allotments issued by
the State agency in the fiscal year;
``(ii) the lesser of--
``(I) the ratio that--
``(aa) the amount by which
the payment error rate of the
State agency for the fiscal
year exceeds by more than 1
percentage point the national
performance measure for the
fiscal year; bears to
``(bb) 10 percent; or
``(II) 1; and
``(iii) the amount by which the payment
error rate of the State agency for the fiscal
year exceeds by more than 1 percentage point
the national performance measure for the fiscal
year.
``(D) Corrective action plans.--The Secretary shall
foster management improvements by the States by
requiring State agencies to develop and implement
corrective action plans to reduce payment errors.'';
(2) in paragraph (2)(A), by inserting before the semicolon
the following: ``, as adjusted downward as appropriate under
paragraph (10)'';
(3) in paragraph (4), by striking ``(4)'' and all that
follows through the end of the first sentence and inserting the
following:
``(4) Reporting requirements.--The Secretary may require a
State agency to report any factors that the Secretary considers
necessary to determine a State agency's payment error rate,
enhanced administrative funding, claim for payment error under
paragraph (1), or performance under the performance measures
under paragraph (11).'';
(4) in paragraph (5), by striking ``(5)'' and all that
follows through the end of the second sentence and inserting
the following:
``(5) Procedures.--To facilitate the implementation of this
subsection, each State agency shall expeditiously submit to the
Secretary data concerning the operations of the State agency in
each fiscal year sufficient for the Secretary to establish the
payment error rate for the State agency for the fiscal year, to
comply with paragraph (10), and to determine the amount of
enhanced administrative funding under paragraph (1)(A), high
performance bonus payments under paragraph (11), or claims
under subparagraph (B) or (C) of paragraph (1).'';
(5) in the first sentence of paragraph (6), by inserting
``(but determined without regard to paragraph (10))'' before
``times that''; and
(6) by adding at the end the following:
``(10) Adjustments of payment error rate.--
``(A) In general.--
``(i) Fiscal year 2002.--Subject to clause
(ii), for fiscal year 2002, in applying
paragraph (1), the Secretary shall adjust the
payment error rate determined under paragraph
(2)(A) as necessary to eliminate any increases
in errors that result from the State agency's
serving a higher percentage of households with
earned income, households with 1 or more
members who are not United States citizens, or
both, than the lesser of, as the case may be--
``(I) the percentage of households
of the corresponding type that receive
food stamps nationally; or
``(II) the percentage of--
``(aa) households with
earned income that received
food stamps in the State in
fiscal year 1992; or
``(bb) households with
members who are not United
States citizens that received
food stamps in the State in
fiscal year 1998.
``(ii) Expanded applicability to state
agencies subject to s
2000
anctions.--In the case of
a State agency subject to sanctions for fiscal
year 2001 or any fiscal year thereafter under
paragraph (1), the adjustments described in
clause (i) shall apply to the State agency for
the fiscal year.
``(B) Additional adjustments.--For fiscal year 2003
and each fiscal year thereafter, the Secretary may make
such additional adjustments to the payment error rate
determined under paragraph (2)(A) as the Secretary
determines to be consistent with achieving the purposes
of this Act.''.
(b) Applicability.--Except as otherwise provided in the amendments
made by subsection (a), the amendments made by subsection (a) shall
apply to fiscal year 2001 and each fiscal year thereafter.
SEC. 429. IMPROVEMENT OF CALCULATION OF STATE PERFORMANCE MEASURES.
Section 16(c)(8) of the Food Stamp Act of 1977 (7 U.S.C.
2025(c)(8)) is amended--
(1) in subparagraph (B), by striking ``180 days after the
end of the fiscal year'' and inserting ``the first June 30
after the end of the fiscal year referred to in subparagraph
(A)''; and
(2) in subparagraph (C), by striking ``30 days thereafter''
and inserting ``the first June 30 after the end of the fiscal
year referred to in subparagraph (A)''.
SEC. 430. HIGH PERFORMANCE BONUS PAYMENTS TO STATES.
(a) In General.--Section 16(c) of the Food Stamp Act of 1977 (7
U.S.C. 2025(c)) (as amended by section 428(a)(6)) is amended by adding
at the end the following:
``(11) Additional performance measures.--
``(A) In general.--In addition to the performance
measures under paragraph (1), the Secretary shall
measure the performance of State agencies in each
fiscal year with respect to--
``(i) compliance with the deadlines under
paragraphs (3) and (9) of section 11(e);
``(ii) the percentage of negative
eligibility decisions that are made correctly;
and
``(iii) the ratio, expressed as a
percentage, that--
``(I) the number of households in
the State that--
``(aa) receive food stamps;
``(bb) have incomes less
than 130 percent of the poverty
line (as defined in section 673
of the Community Services Block
Grant Act (42 U.S.C. 9902));
``(cc) have annual earnings
equal to at least 1000 times
the Federal minimum hourly rate
under the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et
seq.); and
``(dd) have children under
age 18; bears to
``(II) the number of households in
the State that meet the criteria
specified in items (bb) through (dd) of
subclause (I).
``(B) Rankings of state agencies.--
``(i) In general.--For each fiscal year,
the Secretary shall determine--
``(I) the relative ranking of each
State agency with respect to each
performance measure specified in
subparagraph (A) based on the level of
performance by the State agency with
respect to the performance measure in
the most recent year for which the
Secretary determines that reliable data
are available; and
``(II) the relative ranking of each
State agency with respect to each
performance measure specified in
subparagraph (A) based on the
improvement in the level of performance
by the State agency with respect to the
performance measure between the 2 most
recent years for which the Secretary
determines that reliable data are
available.
``(ii) Selection of higher ranking.--For
each State agency and each of the 3 performance
measures specified in subparagraph (A), the
Secretary shall select the higher of the 2
rankings determined under clause (i).
``(iii) Determination of average ranking.--
The Secretary shall--
``(I) determine, for each State
agency, the average of the 3 rankings
selected for the State agency under
clause (ii); and
``(II) identify the 10 State
agencies with the highest average
ranking.
``(C) High performance bonus payments.--
``(i) Definition of caseload.--In this
subparagraph, the term `caseload' has the
meaning given the term in section 6(o)(5)(A).
``(ii) Amount of payments.--
``(I) In general.--At the time at
which the Secretary makes the
notifications required under paragraph
(8) for fiscal year 2002 and each
fiscal year thereafter, the Secretary
shall--
``(aa) make 1 high
performance bonus payment of
$10,000,000; and
``(bb) allocate the high
performance bonus payment in
accordance with subclauses (II)
and (III).
``(II) Allocation of payment.--For
each fiscal year, the Secretary shall
allocate the high performance bonus
payment for the fiscal year among the
10 State agencies identified under
subparagraph (B)(iii)(II) in the ratio
that--
``(aa) the caseload of each
such State agency; bears to
``(bb) the caseloads of all
such State agencies.
``(III) Allocation in event of a
tie.--If the Secretary determines that
2000
2 or more State agencies have the same
average ranking under subparagraph
(B)(iii), the portion of the bonus
payment allocable to those State
agencies shall be divided among those
State agencies in an equitable manner
determined by the Secretary.
``(IV) Payments not subject to
judicial review.--A determination by
the Secretary whether, and in what
amount, to make a high performance
bonus payment under this paragraph
shall not be subject to judicial
review.
``(D) Investigation and correction of
deficiencies.--
``(i) In general.--For any fiscal year in
which the Secretary determines that a 95
percent statistical probability exists that the
performance of a State agency with respect to
any of the performance measures specified in
subparagraph (A) is substantially worse than a
level that the Secretary determines to be
reasonable, other than for good cause shown,
the Secretary shall investigate the
administration by the State agency of the food
stamp program.
``(ii) Corrective action.--If an
investigation under clause (i) results in a
determination that the administration by the
State agency has been deficient, the Secretary
shall require the State agency to take prompt
corrective action.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to fiscal year 2003 and each fiscal year thereafter.
SEC. 431. EMPLOYMENT AND TRAINING PROGRAM.
(a) Levels of Funding.--Section 16(h)(1) of the Food Stamp Act of
1977 (7 U.S.C. 2025(h)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``, to remain available until
expended,''; and
(B) by striking clause (vii) and inserting the
following:
``(vii) for each of fiscal years 2002
through 2006, $90,000,000, to remain available
until expended.'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Allocation.--Funds made available under
subparagraph (A) shall be made available to and
reallocated among State agencies under a reasonable
formula that--
``(i) is determined and adjusted by the
Secretary; and
``(ii) takes into account the number of
individuals who are not exempt from the work
requirement under section 6(o).''; and
(3) by striking subparagraphs (E) through (G) and inserting
the following:
``(E) Additional allocations for states that ensure
availability of work opportunities.--
``(i) In general.--In addition to the
allocations under subparagraph (A), from funds
made available under section 18(a)(1), the
Secretary shall allocate not more than
$25,000,000 for each of fiscal years 2002
through 2006 to reimburse a State agency that
is eligible under clause (ii) for the
additional costs of serving food stamp
recipients who--
``(I) are not eligible for an
exception under section 6(o)(3); and
``(II) are placed in and comply
with a program described in
subparagraph (B) or (C) of section
6(o)(2).
``(ii) Eligibility.--To be eligible for an
additional allocation under clause (i), a State
agency shall--
``(I) exhaust the allocation to the
State agency under subparagraph (A)
(including any reallocation that has
been made available under subparagraph
(C)); and
``(II) make and comply with a
commitment to offer a position in a
program described in subparagraph (B)
or (C) of section 6(o)(2) to each
applicant or recipient who--
``(aa) is in the last month
of the 6-month period described
in section 6(o)(2);
``(bb) is not eligible for
an exception under section
6(o)(3);
``(cc) is not eligible for
a waiver under section 6(o)(4);
and
``(dd) is not eligible for
an exemption under section
6(o)(5).''.
(b) Rescission of Carryover Funds.--Notwithstanding any other
provision of law, funds provided under section 16(h)(1)(A) of the Food
Stamp Act of 1977 (7 U.S.C. 2025(h)(1)(A)) for any fiscal year before
fiscal year 2002 shall cease to be available on the date of enactment
of this Act, unless obligated by a State agency before that date.
(c) Participant Expenses.--Section 6(d)(4)(I)(i)(I) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(d)(4)(I)(i)(I)) is amended by striking
``$25 per month'' and inserting ``an amount not less than $25 per
month''.
(d) Federal Reimbursement.--Section 16(h)(3) of the Food Stamp Act
of 1977 (7 U.S.C. 2025(h)(3)) is amended by striking ``$25'' and
inserting ``the limit established by the State agency under section
6(d)(4)(I)(i)(I)''.
(e) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act.
SEC. 432. REAUTHORIZATION OF FOOD STAMP PROGRAM AND FOOD DISTRIBUTION
PROGRAM ON INDIAN RESERVATIONS.
(a) Reductions in Payments for Administrative Costs.--Section
16(k)(3) of the Food Stamp Act of 1977 (7 U.S.C. 2025(k)(3)) is
amended--
(1) in the first sentence of subparagraph (A), by striking
``2002'' and inserting ``2006''; and
(2) in subparagraph (B)(ii), by striking ``2002'' and
inserting ``2006''.
(b) Cash Payment Pilot Projects.--Section 17(b)(1)(B)(vi) of the
Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(vi)) is amended by
striking ``2002'' and inserting ``2006''.
(c) Grants To Improve Food Stamp Participation.--Section
17(i)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2026(i)(1)(A)) is
amended in the first sentence by striking ``2002'' and inserting
``2006''.
(d) Authorization of Appropriations.--Section 18(a)(1) of the Food
Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is amended in the first
sentence by striking ``2002'' and i
2000
nserting ``2006''.
SEC. 433. COORDINATION OF PROGRAM INFORMATION EFFORTS.
Section 16(k)(5) of the Food Stamp Act of 1977 (7 U.S.C.
2025(k)(5)) is amended--
(1) in subparagraph (A), by striking ``No funds'' and
inserting ``Except as provided in subparagraph (C), no funds'';
and
(2) by adding at the end the following:
``(C) Food stamp informational activities.--
Subparagraph (A) shall not apply to any funds or
expenditures described in clause (i) or (ii) of
subparagraph (B) used to pay the costs of any activity
that is eligible for reimbursement under subsection
(a)(4).''.
SEC. 434. EXPANDED GRANT AUTHORITY.
Section 17(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2026(a)(1)) is amended--
(1) by striking ``, by way of making'' and inserting
``make'';
(2) by striking ``agencies,'' and inserting ``agencies
under this section to''; and
(3) by adding at the end the following: ``The waiver
authority of the Secretary under subsection (b) shall extend to
all contracts and grants under this section.''.
SEC. 435. ACCESS AND OUTREACH PILOT PROJECTS.
Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is amended
by striking subsection (h) and inserting the following:
``(h) Access and Outreach Pilot Projects.--
``(1) In general.--The Secretary shall make grants to State
agencies and other entities to pay the Federal share of the
eligible costs of projects to improve--
``(A) access by eligible individuals to benefits
under the food stamp program; or
``(B) outreach to individuals eligible for those
benefits.
``(2) Federal share.--The Federal share shall be 75
percent.
``(3) Types of projects.--To be eligible for a grant under
this subsection, a project may consist of--
``(A) establishing a single site at which
individuals may apply for--
``(i) benefits under the food stamp
program;
``(ii) supplemental security income
benefits under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(iii) benefits under the medicaid program
under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.);
``(iv) benefits under the State children's
health insurance program under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.);
``(v) benefits under the special
supplemental nutrition program for women,
infants, and children under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786);
and
``(vi) benefits under such other programs
as the Secretary determines to be appropriate;
``(B) developing forms that allow an individual to
apply for more than 1 of the programs referred to in
subparagraph (A);
``(C) dispatching caseworkers to conduct outreach
and enroll individuals in the food stamp program and
other programs in nontraditional venues (such as
shopping malls, schools, community centers, county
fairs, clinics, food banks, and job training centers);
``(D) developing systems to enable increased
participation in the provision of benefits under the
food stamp program through farmers' markets, roadside
stands, and other community-supported agriculture
programs;
``(E) allowing individuals to submit applications
for the food stamp program by means of the telephone or
the Internet, in particular individuals who live in
rural areas, elderly individuals, and individuals with
disabilities;
``(F) encouraging consumption of fruit and
vegetables by developing a cost-effective system for
providing discounts for purchases of fruit and
vegetables made through use of electronic benefit
transfer cards;
``(G) reducing barriers to participation by
individuals, with emphasis on working families,
eligible immigrants, elderly individuals, and
individuals with disabilities;
``(H) developing training materials, guidebooks,
and other resources to improve access and outreach;
``(I) conforming verification practices under the
food stamp program with verification practices under
other assistance programs; and
``(J) such other activities as the Secretary
determines to be appropriate.
``(4) Maximum grant per project.--The maximum amount of a
grant for a project under this subsection shall be an amount
determined by the Secretary.
``(5) Selection.--
``(A) In general.--The Secretary shall develop
criteria for selecting recipients of grants under this
subsection that include the consideration of--
``(i) the demonstrated record of a State
agency or other entity in serving low-income
individuals;
``(ii) the ability of a State agency or
other entity to reach hard-to-serve
populations;
``(iii) the level of innovative proposals
in the application of a State agency or other
entity for a grant; and
``(iv) the development of partnerships
between public and private sector entities and
linkages with the community.
``(B) Preference.--In selecting recipients of
grants under paragraph (1), the Secretary shall provide
a preference to any applicant that consists of a
partnership between a State and a private entity, such
as--
``(i) a food bank;
``(ii) a community-based organization;
``(iii) a public school;
``(iv) a publicly-funded health clinic;
``(v) a publicly-funded day care center;
and
``(vi) a nonprofit health or welfare
agency.
``(C) Geographical distribution of recipients.--
``(i) In general.--Subject to clause (ii),
the Secretary shall select, from all eligible
applications received, at least 1 recipient to
receive a grant under this subsection from--
``(I) each region of the Department
of Agriculture administering the food
stamp program; and
``(II) each additional rural or
urban area that the Secretary
determines to be appropriate.
``(ii) Exception.--The Secretary shall not
select grant recipients under clause (i) to the
2000
extent that the Secretary determines that an
insufficient number of eligible grant
applications has been received.
``(6) Project evaluations.--
``(A) In general.--The Secretary shall conduct
evaluations of projects funded by grants under this
subsection.
``(B) Limitation.--Not more than 10 percent of
funds made available to carry out this subsection shall
be used for project evaluations described in
subparagraph (A).
``(7) Maintenance of effort.--A State agency or other
entity shall provide assurances to the Secretary that funds
provided to the State agency or other entity under this
subsection will be used only to supplement, not to supplant,
the amount of Federal, State, and local funds otherwise
expended to carry out access and outreach activities in the
State under this Act.
``(8) Funding.--There is authorized to be appropriated to
carry out this subsection $3,000,000 for the period of fiscal
years 2003 through 2005.''.
SEC. 436. CONSOLIDATED BLOCK GRANTS AND ADMINISTRATIVE FUNDS.
(a) Consolidated Funding.--Section 19(a)(1) of the Food Stamp Act
of 1977 (7 U.S.C. 2028(a)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``the Commonwealth of Puerto Rico''
and inserting ``governmental entities specified in
subparagraph (D)'';
(B) in clause (ii), by striking ``and'' at the end;
and
(C) by striking clause (iii) and all that follows
and inserting the following:
``(iii) for fiscal year 2002, $1,356,000,000; and
``(iv) for each of fiscal years 2003 through 2006, the
amount provided in clause (iii), as adjusted by the percentage
by which the thrifty food plan has been adjusted under section
3(o)(4) between June 30, 2001, and June 30 of the immediately
preceding fiscal year;
to pay the expenditures for nutrition assistance programs for needy
persons as described in subparagraphs (B) and (C).'';
(2) in subparagraph (B)--
(A) by striking ``(B) The'' and inserting the
following:
``(B) Maximum payments to commonwealth of puerto
rico.--
``(i) In general.--The'';
(B) by inserting ``of Puerto Rico'' after
``Commonwealth'' each place it appears; and
(C) by adding at the end the following:
``(ii) Exception for expenditures for
certain systems.--Notwithstanding subparagraph
(A) and clause (i), the Commonwealth of Puerto
Rico may spend not more than $6,000,000 of the
amount required to be paid to the Commonwealth
for fiscal year 2002 under subparagraph (A) to
pay 100 percent of the costs of--
``(I) upgrading and modernizing the
electronic data processing system used
to carry out nutrition assistance
programs for needy persons; and
``(II) implementing systems to
simplify the determination of
eligibility to receive that nutrition
assistance.''; and
(3) by adding at the end the following:
``(C) American samoa.--For each fiscal year, the
Secretary shall reserve 0.4 percent of the funds made
available under subparagraph (A) for payment to
American Samoa to pay 100 percent of the expenditures
for a nutrition assistance program extended under
section 601(c) of Public Law 96-597 (48 U.S.C.
1469d(c)).
``(D) Governmental entity.--A governmental entity
specified in this subparagraph is--
``(i) the Commonwealth of Puerto Rico; and
``(ii) for fiscal year 2003 and each fiscal
year thereafter, American Samoa.''.
(b) Conforming Amendment.--Section 24 of the Food Stamp Act of 1977
(7 U.S.C. 2033) is repealed.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section take effect on October 1, 2002.
(2) Exception for expenditures for certain systems.--The
amendments made by subsection (a)(2) take effect on the date of
enactment of this Act.
SEC. 437. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25 of the Food Stamp Act of 1977 (7 U.S.C. 2034) is
amended--
(1) in subsection (b)(2)(B), by striking ``2002'' and
inserting ``2006'';
(2) in subsection (d)--
(A) in paragraph (3), by striking ``or'' at the
end; and
(B) by striking paragraph (4) and inserting the
following:
``(4) encourage long-term planning activities, and
multisystem, interagency approaches with multistakeholder
collaborations, that build the long-term capacity of
communities to address the food and agriculture problems of the
communities, such as food policy councils and food planning
associations; or
``(5) meet, as soon as practicable, specific neighborhood,
local, or State food and agriculture needs, including needs
for--
``(A) infrastructure improvement and development;
``(B) planning for long-term solutions; or
``(C) the creation of innovative marketing
activities that mutually benefit farmers and low-income
consumers.'';
(3) in subsection (e)(1), by striking ``50'' and inserting
``75''; and
(4) in subsection (h)(2), by striking ``2002'' and
inserting ``2007''.
SEC. 438. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE
PROGRAM.
Section 27 of the Food Stamp Act of 1977 (7 U.S.C. 2036) is
amended--
(1) in subsection (a)--
(A) by striking ``1997 through 2002'' and inserting
``2002 through 2006''; and
(B) by striking ``$100,000,000'' and inserting
``$140,000,000''; and
(2) by adding at the end the following:
``(c) Use of Funds for Related Costs.--For each of fiscal years
2002 through 2006, the Secretary shall use $10,000,000 of the funds
made available under subsection (a) to pay the direct and indirect
costs of States relating to the processing, storing, transporting, and
distributing to eligible recipient agencies of--
``(1) commodities purchased by the Secretary under
subsection (a); and
``(2) commodities acquired from other sources, including
commodities acquired by gleaning (as defined in section 111(a)
of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note;
Public Law 100-435)).''.
SEC. 439. INNOVATIVE PROGRAMS FOR ADDRESSING COMMON COMMUNITY PROBLEMS.
The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended by
adding at the end the following:
``SEC. 28. INNOVATIVE PROGRAMS FOR ADDRESSING COMMON COMMUNITY
PROBLEMS.
``(a) In General.--The Secretary shall offer to enter into a
contract with a nongovernmental organization described in subsection
(b) to coordinate with Federal agencies, States, political
subdivisions, and nongovernmental organizations (referred
2000
to in this
section as `targeted entities') to develop, and recommend to the
targeted entities, innovative programs for addressing common community
problems, including loss of farms, rural poverty, welfare dependency,
hunger, the need for job training, juvenile crime prevention, and the
need for self-sufficiency by individuals and communities.
``(b) Nongovernmental Organization.--The nongovernmental
organization referred to in subsection (a)--
``(1) shall be selected on a competitive basis; and
``(2) as a condition of entering into the contract--
``(A) shall be experienced in working with targeted
entities, and in organizing workshops that demonstrate
programs to targeted entities;
``(B) shall be experienced in identifying programs
that effectively address problems described in
subsection (a) that can be implemented by other
targeted entities;
``(C) shall agree--
``(i) to contribute in-kind resources
toward the establishment and maintenance of
programs described in subsection (a); and
``(ii) to provide to targeted entities,
free of charge, information on the programs;
``(D) shall be experienced in, and capable of,
receiving information from, and communicating with,
targeted entities throughout the United States; and
``(E) shall be experienced in operating a national
information clearinghouse that addresses 1 or more of
the problems described in subsection (a).
``(c) Audits.--The Secretary shall establish auditing procedures
and otherwise ensure the effective use of funds made available under
this section.
``(d) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this section, and on October 1, 2002, out of any
funds in the Treasury not otherwise appropriated, the Secretary
of the Treasury shall transfer to the Secretary of Agriculture
to carry out this section $200,000, to remain available until
expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further
appropriation.''.
SEC. 440. REPORT ON USE OF ELECTRONIC BENEFIT TRANSFER SYSTEMS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Agriculture shall submit to Congress a report on--
(1) the difficulties in using electronic benefit transfer
systems in issuance of food stamp benefits under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.);
(2) the extent to which there exists fraud, and the types
of fraud that exist, in use of the electronic benefit transfer
systems; and
(3) the efforts being made by the Secretary of Agriculture,
retailers, electronic benefit transfer system contractors, and
States to address the problems described in paragraphs (1) and
(2).
SEC. 441. VITAMIN AND MINERAL SUPPLEMENTS.
(a) In General.--Section 3(g)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2012(g)(1)) is amended by striking ``or food product'' and
inserting ``, food product, or dietary supplement that provides
exclusively 1 or more vitamins or minerals''.
(b) Impact Study.--
(1) In general.--Not later than April 1, 2003, the
Secretary of Agriculture shall enter into a contract with a
scientific research organization to study and develop a report
on the technical issues, economic impacts, and health effects
associated with allowing individuals to use benefits under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) to purchase
dietary supplements that provide exclusively 1 or more vitamins
or minerals (referred to in this subsection as ``vitamin-
mineral supplements'').
(2) Required elements.--At a minimum, the study shall
examine--
(A) the extent to which problems arise in the
purchase of vitamin-mineral supplements with electronic
benefit transfer cards;
(B) the extent of any difficulties in
distinguishing vitamin-mineral supplements from herbal
and botanical supplements for which food stamp benefits
may not be used;
(C) whether participants in the food stamp program
spend more on vitamin-mineral supplements than
nonparticipants;
(D) to what extent vitamin-mineral supplements are
substituted for other foods purchased with use of food
stamp benefits;
(E) the proportion of the average food stamp
allotment that is being used to purchase vitamin-
mineral supplements; and
(F) the extent to which the quality of the diets of
participants in the food stamp program has changed as a
result of allowing participants to use food stamp
benefits to purchase vitamin-mineral supplements.
(3) Report.--The report required under paragraph (1) shall
be submitted to the Secretary of Agriculture not later than 2
years after the date on which the contract referred to in that
paragraph is entered into.
(4) Authorization of appropriations.--There is authorized
to be appropriated $3,000,000 to carry out this subsection.
Subtitle B--Miscellaneous Provisions
SEC. 451. REAUTHORIZATION OF COMMODITY PROGRAMS.
(a) Commodity Distribution Program.--Section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note;
Public Law 93-86) is amended in the first sentence by striking ``2002''
and inserting ``2006''.
(b) Commodity Supplemental Food Program.--Section 5 of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note;
Public Law 93-86) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Grants Per Assigned Caseload Slot.--
``(1) In general.--In carrying out the program under
section 4 (referred to in this section as the `commodity
supplemental food program'), for each of fiscal years 2002
through 2006, the Secretary shall provide to each State agency
from funds made available to carry out that section (including
any such funds remaining available from the preceding fiscal
year), a grant per assigned caseload slot for administrative
costs incurred by the State agency and local agencies in the
State in operating the commodity supplemental food program.
``(2) Amount of grants.--
``(A) Fiscal year 2002.--The amount of each grant
per caseload slot for fiscal year 2002 shall be equal
to the amount of the grant per caseload slot for fiscal
year 2001, as determined by the Secretary, adjusted by
the percentage change between--
``(i) the value of the State and local
government price index, as published by the
Bureau of Economic Analysis of the Department
of Commerce, for the 12-month period ending
June 30, 2000; and
``(ii) the best estimate available (as of
the beginning of the fiscal year) of the value
of that index for the 12-month period ending
June 30, 2002.
``(B) Fiscal years 2003 through 200
2000
6.--For each of
fiscal years 2003 through 2006, the amount of each
grant per caseload slot shall be equal to the amount of
the grant per caseload slot for the preceding fiscal
year adjusted by the percentage change between--
``(i) the value of the State and local
government price index, as published by the
Bureau of Economic Analysis of the Department
of Commerce, for the 12-month period ending
June 30 of the second preceding fiscal year;
and
``(ii) the best estimate available (as of
the beginning of the fiscal year) of the value
of that index for the 12-month period ending
June 30 of the fiscal year.''; and
(2) in subsection (d)(2), by striking ``2002'' each place
it appears and inserting ``2006''.
(c) Distribution of Surplus Commodities to Special Nutrition
Projects.--Section 1114(a)(2)(A) of the Agriculture and Food Act of
1981 (7 U.S.C. 1431e(2)(A)) is amended in the first sentence by
striking ``2002'' and inserting ``2006''.
(d) Emergency Food Assistance.--Section 204(a)(1) of the Emergency
Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)) is amended in the
first sentence by striking ``2002'' and inserting ``2006''.
SEC. 452. RESTORATION OF BENEFITS TO LEGAL IMMIGRANTS.
(a) Restoration of Benefits to All Qualified Alien Children.--
(1) In general.--Section 402(a)(2)(J) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1612(a)(2)(J)) is amended by striking ``who'' and all
that follows through ``is under'' and inserting ``who is
under''.
(2) Conforming amendments.--
(A) Section 403(c)(2) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(c)(2)) is amended by adding at
the end the following:
``(L) Assistance or benefits under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.) to the extent that
a qualified alien is eligible under subparagraph (B) or
(J) of section 402(a)(2).''.
(B) Section 421(d) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1631(d)) is amended by adding at the end the
following:
``(3) This section shall not apply to assistance or
benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.) to the extent that a qualified alien is eligible under
section 402(a)(2)(J).''.
(C) Section 5(i)(2)(E) of the Food Stamp Act of
1977 (7 U.S.C. 2014(i)(2)(E)) is amended by inserting
before the period at the end the following: ``, or to
any child who is under 18 years of age''.
(3) Applicability.--The amendments made by this subsection
shall apply to fiscal year 2004 and each fiscal year
thereafter.
(b) Work Requirement for Legal Immigrants.--
(1) Working immigrant families.--Section
402(a)(2)(B)(ii)(I) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(B)(ii)(I)) is amended by striking ``40'' and
inserting ``40 (or 16, in the case of the specified Federal
program described in paragraph (3)(B))''.
(2) Conforming amendments.--
(A) Section 213A(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1183a(a)(3)(A)) is amended by
striking ``40'' and inserting ``40 (or 16, in the case
of the specified Federal program described in section
402(a)(3)(B) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(3)(B)))''.
(B) Section 421(b)(2)(A) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1631(b)(2)(A)) is amended by striking
``40'' and inserting ``40 (or 16, in the case of the
specified Federal program described in section
402(a)(3)(B))''.
(c) Restoration of Benefits to Refugees and Asylees.--Section
402(a)(2) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended--
(1) in subparagraph (A), by striking ``programs described
in paragraph (3)'' and inserting ``program described in
paragraph (3)(A)''; and
(2) by adding at the end the following:
``(L) Food stamp exception for refugees and
asylees.--With respect to eligibility for benefits for
the specified Federal program described in paragraph
(3)(B), paragraph (1) shall not apply to an alien with
respect to which an action described in subparagraph
(A) was taken and was not revoked.''.
(d) Restoration of Benefits to 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 the subparagraph heading and inserting
``Exception for disabled aliens'';
(2) by striking ``(i) was'' and all that follows through
``in the case'' and inserting the following:
``(i) in the case''; and
(3) by striking ``(II)'' and inserting ``(ii)''.
SEC. 453. FRUIT AND VEGETABLE PILOT PROGRAM.
(a) In General.--In the school year beginning July 2002, the
Secretary of Agriculture shall use funds made available under section
32 of the Act of August 24, 1935 (7 U.S.C. 612c), to conduct a pilot
program to make available to students, in 25 elementary or secondary
schools in each of 4 States, and in elementary or secondary schools on
1 Indian reservation, free fruits and vegetables throughout the school
day in--
(1) a cafeteria;
(2) a student lounge; or
(3) another designated room of the school.
(b) Publicity.--A school that participates in the pilot program
shall widely publicize within the school the availability of free
fruits and vegetables under the pilot program.
(c) Evaluation of Pilot Program.--
(1) In general.--At the end of the school year during which
the pilot program is carried out, the Secretary of Agriculture
shall conduct an evaluation of the results of the pilot program
to determine--
(A) whether students took advantage of the pilot
program;
(B) whether interest in the pilot program increased
or lessened over time; and
(C) what effect, if any, the pilot program had on
vending machine sales.
(2) Funding.--The Secretary shall use $200,000 of the funds
described in subsection (a) to carry out the evaluation under
this subsection.
SEC. 454. CONGRESSIONAL HUNGER FELLOWS PROGRAM.
(a) Short Title.--This section may be cited as the ``Congressional
Hunger Fellows Act of 2001''.
(b) Findings.--Congress finds that--
(1) there are--
(A) a critical need for compassionate individuals
who are committed to assisting people who suffer from
hunger; and
(B) a need for those individuals to initiate and
administer solutions to the hunger problem;
(2) Bill Emerson, the distinguished late Representative
from the 8th District of Missouri, demonstrated
2000
--
(A) his commitment to solving the problem of hunger
in a bipartisan manner;
(B) his commitment to public service; and
(C) his great affection for the institution and the
ideals of Congress;
(3) George T. (Mickey) Leland, the distinguished late
Representative from the 18th District of Texas, demonstrated--
(A) his compassion for individuals in need;
(B) his high regard for public service; and
(C) his lively exercise of political talents;
(4) the special concern that Mr. Emerson and Mr. Leland
demonstrated during their lives for the hungry and poor was an
inspiration for others to work toward the goals of equality and
justice for all; and
(5) since those 2 outstanding leaders maintained a special
bond of friendship regardless of political affiliation and
worked together to encourage future leaders to recognize and
provide service to others, it is especially appropriate to
honor the memory of Mr. Emerson and Mr. Leland by establishing
a fellowship program to develop and train the future leaders of
the United States to pursue careers in humanitarian service.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Agriculture and the Committee
on International Relations of the House of
Representatives; and
(B) the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Foreign Relations of the
Senate.
(2) Board.--The term ``Board'' means the Board of Trustees
of the Program.
(3) Fund.--The term ``Fund'' means the Congressional Hunger
Fellows Trust Fund established by subsection (g).
(4) Program.--The term ``Program'' means the Congressional
Hunger Fellows Program established by subsection (d).
(d) Establishment.--There is established as an independent entity
of the legislative branch of the United States Government an entity to
be known as the ``Congressional Hunger Fellows Program''.
(e) Board of Trustees.--
(1) In general.--The Program shall be subject to the
supervision and direction of a Board of Trustees.
(2) Members of the board.--
(A) Appointment.--
(i) In general.--The Board shall be
composed of 6 voting members appointed under
clause (ii) and 1 nonvoting ex-officio member
designated by clause (iii).
(ii) Voting members.--The voting members of
the Board shall be the following:
(I) 2 members appointed by the
Speaker of the House of
Representatives.
(II) 1 member appointed by the
minority leader of the House of
Representatives.
(III) 2 members appointed by the
majority leader of the Senate.
(IV) 1 member appointed by the
minority leader of the Senate.
(iii) Nonvoting member.--The Executive
Director of the Program shall serve as a
nonvoting ex-officio member of the Board.
(B) Terms.--
(i) In general.--Each member of the Board
shall serve for a term of 4 years.
(ii) Incomplete term.--If a member of the
Board does not serve the full term of the
member, the individual appointed to fill the
resulting vacancy shall be appointed for the
remainder of the term of the predecessor of the
individual.
(C) Vacancy.--A vacancy on the Board--
(i) shall not affect the powers of the
Board; and
(ii) shall be filled in the same manner as
the original appointment was made.
(D) Chairperson.--As the first order of business of
the first meeting of the Board, the members shall elect
a Chairperson.
(E) Compensation.--
(i) In general.--Subject to clause (ii), a
member of the Board shall not receive
compensation for service on the Board.
(ii) Travel.--A member of the Board shall
be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for
an employee of an agency under subchapter I of
chapter 57 of title 5, United States Code,
while away from the home or regular place of
business of the member in the performance of
the duties of the Board.
(3) Duties.--
(A) Bylaws.--
(i) Establishment.--The Board shall
establish such bylaws and other regulations as
are appropriate to enable the Board to carry
out this section, including the duties
described in this paragraph.
(ii) Contents.--Bylaws and other
regulations established under clause (i) shall
include provisions--
(I) for appropriate fiscal control,
accountability for funds, and operating
principles;
(II) to prevent any conflict of
interest, or the appearance of any
conflict of interest, in--
(aa) the procurement and
employment actions taken by the
Board or by any officer or
employee of the Board; and
(bb) the selection and
placement of individuals in the
fellowships developed under the
Program;
(III) for the resolution of a tie
vote of the members of the Board; and
(IV) for authorization of travel
for members of the Board.
(iii) Submission to congress.--Not later
than 90 days after the date of the first
meeting of the Board, the Chairperson of the
Board shall submit to the appropriate
congressional committees a copy of the bylaws
established by the Board.
(B) Budget.--For each fiscal year in which the
Program is in operation--
(i) the Board shall determine a budget for
the Program for the fiscal year; and
(ii) all spending by the Program shall be
in accordance with the budget unless a change
2000
is approved by the Board.
(C) Process for selection and placement of
fellows.--The Board shall review and approve the
process established by the Executive Director for the
selection and placement of individuals in the
fellowships developed under the Program.
(D) Allocation of funds to fellowships.--The Board
shall determine--
(i) the priority of the programs to be
carried out under this section; and
(ii) the amount of funds to be allocated
for the fellowships established under
subsection (f)(3)(A).
(f) Purposes; Authority of Program.--
(1) Purposes.--The purposes of the Program are--
(A) to encourage future leaders of the United
States to pursue careers in humanitarian service;
(B) to recognize the needs of people who are hungry
and poor;
(C) to provide assistance and compassion for people
in need;
(D) to increase awareness of the importance of
public service; and
(E) to provide training and development
opportunities for the leaders through placement in
programs operated by appropriate entities.
(2) Authority.--The Program may develop fellowships to
carry out the purposes of the Program, including the
fellowships described in paragraph (3).
(3) Fellowships.--
(A) In general.--The Program shall establish and
carry out the Bill Emerson Hunger Fellowship and the
Mickey Leland Hunger Fellowship.
(B) Curriculum.--
(i) In general.--The fellowships
established under subparagraph (A) shall
provide experience and training to develop the
skills and understanding necessary to improve
the humanitarian conditions and the lives of
individuals who suffer from hunger, including--
(I) training in direct service to
the hungry in conjunction with
community-based organizations through a
program of field placement; and
(II) experience in policy
development through placement in a
governmental entity or nonprofit
organization.
(ii) Focus.--
(I) Bill emerson hunger
fellowship.--The Bill Emerson Hunger
Fellowship shall address hunger and
other humanitarian needs in the United
States.
(II) Mickey leland hunger
fellowship.--The Mickey Leland Hunger
Fellowship shall address international
hunger and other humanitarian needs.
(iii) Work plan.--To carry out clause (i)
and to assist in the evaluation of the
fellowships under paragraph (4), the Program
shall, for each fellow, approve a work plan
that identifies the target objectives for the
fellow in the fellowship, including the
specific duties and responsibilities relating
to the objectives.
(C) Period of fellowship.--
(i) Emerson fellowship.--A Bill Emerson
Hunger Fellowship awarded under this paragraph
shall be for a period of not more than 1 year.
(ii) Leland fellowship.--A Mickey Leland
Hunger Fellowship awarded under this paragraph
shall be for a period of not more than 2 years,
of which not less than 1 year shall be
dedicated to fulfilling the requirement of
subparagraph (B)(i)(I).
(D) Selection of fellows.--
(i) In general.--A fellowship shall be
awarded through a nationwide competition
established by the Program.
(ii) Qualification.--A successful applicant
shall be an individual who has demonstrated--
(I) an intent to pursue a career in
humanitarian service and outstanding
potential for such a career;
(II) a commitment to social change;
(III) leadership potential or
leadership experience;
(IV) diverse life experience;
(V) proficient writing and speaking
skills;
(VI) an ability to live in poor or
diverse communities; and
(VII) such other attributes as the
Board determines to be appropriate.
(iii) Amount of award.--
(I) In general.--Each individual
awarded a fellowship under this
paragraph shall receive a living
allowance and, subject to subclause
(II), an end-of-service award as
determined by the Program.
(II) Requirement for successful
completion of fellowship.--Each
individual awarded a fellowship under
this paragraph shall be entitled to
receive an end-of-service award at an
appropriate rate for each month of
satisfactory service as determined by
the Executive Director.
(iv) Recognition of fellowship award.--
(I) Emerson fellow.--An individual
awarded a Bill Emerson Hunger
Fellowship shall be known as an
``Emerson Fellow''.
(II) Leland fellow.--An individual
awarded a Mickey Leland Hunger
Fellowship shall be known as a ``Leland
Fellow''.
(4) Evaluations.--
(A) In general.--The Program shall conduct periodic
evaluations of the Bill Emerson and Mickey Leland
Hunger Fellowships.
(B) Required elements.--Each evaluation shall
include--
(i) an assessment of the successful
completion of the work plan of each fellow;
(ii) an assessment of the impact of the
fellowship on the fellows;
(iii) an assessment of the accomplishment
of the purposes of the Program; and
(iv) an assessment
2000
of the impact of each
fellow on the community.
(g) Trust Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Congressional
Hunger Fellows Trust Fund'', consisting of--
(A) amounts appropriated to the Fund under
subsection (k);
(B) any amounts earned on investment of amounts in
the Fund under paragraph (2); and
(C) amounts received under subsection (i)(3)(A).
(2) Investment of amounts.--
(A) In general.--
(i) Authority to invest.--The Secretary of
the Treasury shall invest such portion of the
Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet
current withdrawals.
(ii) Types of investments.--Each investment
may be made only in an interest-bearing
obligation of the United States or an
obligation guaranteed as to principal and
interest by the United States that, as
determined by the Secretary of the Treasury in
consultation with the Board, has a maturity
suitable for the Fund.
(B) Acquisition of obligations.--For the purpose of
investments under subparagraph (A), obligations may be
acquired--
(i) on original issue at the issue price;
or
(ii) by purchase of outstanding obligations
at the market price.
(C) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
(D) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
(3) Transfers of amounts.--
(A) In general.--The amounts required to be
transferred to the Fund under this subsection shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(B) Adjustments.--Proper adjustment shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
(h) Expenditures; Audits.--
(1) In general.--The Secretary of the Treasury shall
transfer to the Program from the amounts described in
subsections (g)(2)(D) and (i)(3)(A) such sums as the Board
determines to be necessary to enable the Program to carry out
this section.
(2) Limitation.--The Secretary may not transfer to the
Program the amounts appropriated to the Fund under subsection
(k).
(3) Use of funds.--Funds transferred to the Program under
paragraph (1) shall be used--
(A) to provide a living allowance for the fellows;
(B) to defray the costs of transportation of the
fellows to the fellowship placement sites;
(C) to defray the costs of appropriate insurance of
the fellows, the Program, and the Board;
(D) to defray the costs of preservice and
midservice education and training of fellows;
(E) to pay staff described in subsection (i);
(F) to make end-of-service awards under subsection
(f)(3)(D)(iii)(II); and
(G) for such other purposes as the Board determines
to be appropriate to carry out the Program.
(4) Audit by comptroller general.--
(A) In general.--The Comptroller General of the
United States shall conduct an annual audit of the
accounts of the Program.
(B) Books.--The Program shall make available to the
Comptroller General all books, accounts, financial
records, reports, files, and other papers, things, or
property belonging to or in use by the Program and
necessary to facilitate the audit.
(C) Report to congress.--The Comptroller General
shall submit to the appropriate congressional
committees a copy of the results of each audit under
subparagraph (A).
(i) Staff; Powers of Program.--
(1) Executive director.--
(A) In general.--The Board shall appoint an
Executive Director of the Program who shall--
(i) administer the Program; and
(ii) carry out such other functions
consistent with this section as the Board shall
prescribe.
(B) Restriction.--The Executive Director may not
serve as Chairperson of the Board.
(C) Compensation.--The Executive Director shall be
paid at a rate not to exceed the rate payable for level
V of the Executive Schedule under section 5316 of title
5, United States Code.
(2) Staff.--
(A) In general.--With the approval of a majority of
the Board, the Executive Director may appoint and fix
the pay of such additional personnel as the Executive
Director considers necessary to carry out this section.
(B) Compensation.--An individual appointed under
subparagraph (A) shall be paid at a rate not to exceed
the rate payable for level GS-15 of the General
Schedule.
(3) Powers.--
(A) Gifts.--
(i) In general.--The Program may solicit,
accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and
personal, for the purpose of aiding or
facilitating the work of the Program.
(ii) Use of gifts.--Gifts, bequests, or
devises of money and proceeds from sales of
other property received as gifts, bequests, or
devises shall--
(I) be deposited in the Fund; and
(II) be available for disbursement
on order of the Board.
(B) Procurement of temporary and intermittent
services.--To carry out this section, the Program may
procure temporary and intermittent services in
accordance with section 3109(b) of title 5, United
States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic
pay payable for level GS-15 of the General Schedule.
(C) Contract authority.--To carry out this section,
the Program may, with the approval of a majority of the
members of the Board, contract with and compensate
Government and private agencies or persons without
regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
(D) Other necessary expenditure
2000
s.--The Program may
make such other expenditures as the Program considers
necessary to carry out this section, but excluding
project development.
(j) Report.--Not later than December 31 of each year, the Board
shall submit to the appropriate congressional committees a report on
the activities of the Program carried out during the preceding fiscal
year that includes--
(1) an analysis of the evaluations conducted under
subsection (f)(4) during the fiscal year; and
(2) a statement of--
(A) the total amount of funds attributable to gifts
received by the Program in the fiscal year under
subsection (i)(3)(A); and
(B) the total amount of funds described in
subparagraph (A) that were expended to carry out the
Program in the fiscal year.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $18,000,000.
(l) Effective Date.--This section takes effect on October 1, 2002.
SEC. 455. EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments made by
this title take effect on July 1, 2002, except that a State agency may,
at the option of the State agency, elect not to implement any or all of
the amendments until October 1, 2002.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 501. DIRECT LOANS.
Section 302(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922(b)(1)) is amended by striking ``operated'' and
inserting ``participated in the business operations of''.
SEC. 502. FINANCING OF BRIDGE LOANS.
Section 303(a)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1923(a)(1)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) refinancing, during a fiscal year, a short-
term, temporary bridge loan made by a commercial or
cooperative lender to a beginning farmer or rancher for
the acquisition of land for a farm or ranch, if--
``(i) the Secretary approved an application
for a direct farm ownership loan to the
beginning farmer or rancher for acquisition of
the land; and
``(ii) funds for direct farm ownership
loans under section 346(b) were not available
at the time at which the application was
approved.''.
SEC. 503. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
Section 305 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1925) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--The Secretary shall not make or insure a loan
under section 302, 303, 304, 310D, or 310E that would cause the unpaid
indebtedness under those sections of any 1 borrower to exceed the
lesser of--
``(1) the value of the farm or other security; or
``(2)(A) in the case of a loan made by the Secretary--
``(i) to a beginning farmer or rancher, $250,000,
as adjusted (beginning with fiscal year 2003) by the
inflation percentage applicable to the fiscal year in
which the loan is made; or
``(ii) to a borrower other than a beginning farmer
or rancher, $200,000; or
``(B) in the case of a loan guaranteed by the Secretary,
$700,000, as--
``(i) adjusted (beginning with fiscal year 2000) by
the inflation percentage applicable to the fiscal year
in which the loan is guaranteed; and
``(ii) reduced by the amount of any unpaid
indebtedness of the borrower on loans under subtitle B
that are guaranteed by the Secretary.''.
SEC. 504. JOINT FINANCING ARRANGEMENTS.
Section 307(a)(3)(D) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1927(a)(3)(D)) is amended--
(1) by striking ``If'' and inserting the following:
``(i) In general.--Subject to clause (ii),
if''; and
(2) by adding at the end the following:
``(ii) Beginning farmers and ranchers.--The
interest rate charged a beginning farmer or
rancher for a loan described in clause (i)
shall be 50 basis points less than the rate
charged farmers and ranchers that are not
beginning farmers or ranchers.''.
SEC. 505. GUARANTEE PERCENTAGE FOR BEGINNING FARMERS AND RANCHERS.
Section 309(h)(6) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1929(h)(6)) is amended by striking ``guaranteed up'' and
all that follows through ``more than'' and inserting ``guaranteed at 95
percent.--The Secretary shall guarantee''.
SEC. 506. GUARANTEE OF LOANS MADE UNDER STATE BEGINNING FARMER OR
RANCHER PROGRAMS.
Section 309 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1929) is amended by adding at the end the following:
``(j) Guarantee of Loans Made Under State Beginning Farmer or
Rancher Programs.--The Secretary may guarantee under this title a loan
made under a State beginning farmer or rancher program, including a
loan financed by the net proceeds of a qualified small issue
agricultural bond for land or property described in section
144(a)(12)(B)(ii) of the Internal Revenue Code of 1986.''.
SEC. 507. DOWN PAYMENT LOAN PROGRAM.
Section 310E of the Consolidated Farm and Rural Development Act (7
U.S.C. 1935) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``30 percent''
and inserting ``40 percent''; and
(B) in paragraph (3), by striking ``10 years'' and
inserting ``20 years''; and
(2) in subsection (c)(3)(B), by striking ``10-year'' and
inserting ``20-year''.
SEC. 508. BEGINNING FARMER AND RANCHER CONTRACT LAND SALES PROGRAM.
(a) In General.--Subtitle A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922 et seq.) is amended by adding at the end
the following:
``SEC. 310F. BEGINNING FARMER AND RANCHER CONTRACT LAND SALES PROGRAM.
``(a) In General.--Not later than October 1, 2002, the Secretary
shall carry out a pilot program in not fewer than 10 geographically
dispersed States, as determined by the Secretary, to guarantee up to 5
loans per State in each of fiscal years 2003 through 2006 made by a
private seller of a farm or ranch to a qualified beginning farmer or
rancher on a contract land sale basis, if the loan meets applicable
underwriting criteria and a commercial lending institution agrees to
serve as escrow agent.
``(b) Date of Commencement of Program.--The Secretary shall
commence the pilot program on making a determination that guarantees of
contract land sales present a risk that is comparable with the risk
presented in the case of guarantees to commercial lenders.''.
(b) Regulations.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall
promulgate such regulations as are necessary to implement the
amendment made by subsection (a).
(2) Procedure.--The promulgation of the regulations and
administration of the amendment made by subsection (a) shall be
made without regard to--
(A) the notice and comment provisions of section
553 of title 5, United States Code;
2000
(B) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking; and
(C) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(3) Congressional review of agency rulemaking.--In carrying
out the amendment made by subsection (a), the Secretary shall
use the authority provided under section 808 of title 5, United
States Code.
Subtitle B--Operating Loans
SEC. 511. DIRECT LOANS.
Section 311(c)(1)(A) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1941(c)(1)(A)) is amended by striking ``who has not'' and
all that follows through ``5 years''.
SEC. 512. AMOUNT OF GUARANTEE OF LOANS FOR TRIBAL FARM OPERATIONS;
WAIVER OF LIMITATIONS FOR TRIBAL OPERATIONS AND OTHER
OPERATIONS.
(a) Amount of Guarantee of Loans for Tribal Operations.--Section
309(h) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1929(h)) is amended--
(1) in paragraph (4), by striking ``paragraphs (5) and
(6)'' and inserting ``paragraphs (5), (6), and (7)''; and
(2) by adding at the end the following:
``(7) Amount of guarantee of loans for tribal operations.--
In the case of an operating loan made to a Native American
farmer or rancher whose farm or ranch is within an Indian
reservation (as defined in section 335(e)(1)(A)(ii)), the
Secretary shall guarantee 95 percent of the loan.''.
(b) Waiver of Limitations.--Section 311(c) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1941(c)) is amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraphs (3) and (4)''; and
(2) by adding at the end the following:
``(4) Waivers.--
``(A) Tribal farm and ranch operations.--The
Secretary shall waive the limitation under paragraph
(1)(C) for a direct loan made under this subtitle to a
Native American farmer or rancher whose farm or ranch
is within an Indian reservation (as defined in section
335(e)(1)(A)(ii)) if the Secretary determines that
commercial credit is not generally available for such
farm or ranch operations.
``(B) Other farm and ranch operations.--On a case-
by-case determination not subject to administrative
appeal, the Secretary may grant a borrower a waiver, 1
time only for a period of 2 years, of the limitation
under paragraph (1)(C) for a direct operating loan if
the borrower demonstrates to the satisfaction of the
Secretary that--
``(i) the borrower has a viable farm or
ranch operation;
``(ii) the borrower applied for commercial
credit from at least 2 commercial lenders;
``(iii) the borrower was unable to obtain a
commercial loan (including a loan guaranteed by
the Secretary); and
``(iv) the borrower successfully has
completed, or will complete within 1 year,
borrower training under section 359 (from which
requirement the Secretary shall not grant a
waiver under section 359(f)).''.
Subtitle C--Administrative Provisions
SEC. 521. ELIGIBILITY OF LIMITED LIABILITY COMPANIES FOR FARM OWNERSHIP
LOANS, FARM OPERATING LOANS, AND EMERGENCY LOANS.
(a) In General.--Sections 302(a), 311(a), and 321(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a), 1941(a),
1961(a)) are amended by striking ``and joint operations'' each place it
appears and inserting ``joint operations, and limited liability
companies''.
(b) Conforming Amendment.--Section 321(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961(a)) is amended by striking
``or joint operations'' each place it appears and inserting ``joint
operations, or limited liability companies''.
SEC. 522. DEBT SETTLEMENT.
Section 331(b)(4) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981(b)(4)) is amended by striking ``carried out--'' and
all that follows through ``(B) after'' and inserting ``carried out
after''.
SEC. 523. TEMPORARY AUTHORITY TO ENTER INTO CONTRACTS; PRIVATE
COLLECTION AGENCIES.
(a) In General.--Section 331 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981) is amended by striking subsections (d)
and (e).
(b) Application.--The amendment made by subsection (a) shall not
apply to a contract entered into before the effective date of this Act.
SEC. 524. INTEREST RATE OPTIONS FOR LOANS IN SERVICING.
Section 331B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981b) is amended--
(1) by striking ``lower of (1) the'' and inserting the
following: ``lowest of--
``(1) the''; and
(2) by striking ``original loan or (2) the'' and inserting
the following: ``original loan;
``(2) the rate being charged by the Secretary for loans,
other than guaranteed loans, of the same type at the time at
which the borrower applies for a deferral, consolidation,
rescheduling, or reamortization; or
``(3) the''.
SEC. 525. ANNUAL REVIEW OF BORROWERS.
Section 333 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983) is amended by striking paragraph (2) and inserting the
following:
``(2) except with respect to a loan under section 306,
310B, or 314--
``(A) an annual review of the credit history and
business operation of the borrower; and
``(B) an annual review of the continued eligibility
of the borrower for the loan;''.
SEC. 526. SIMPLIFIED LOAN APPLICATIONS.
Section 333A(g)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1983a(g)(1)) is amended by striking ``of loans the
principal amount of which is $50,000 or less'' and inserting ``of
farmer program loans the principal amount of which is $100,000 or
less''.
SEC. 527. INVENTORY PROPERTY.
Section 335(c) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1985(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``75 days''
and inserting ``135 days''; and
(ii) by adding at the end the following:
``(iv) Combining and dividing of
property.--To the maximum extent practicable,
the Secretary shall maximize the opportunity
for beginning farmers and ranchers to purchase
real property acquired by the Secretary under
this title by combining or dividing inventory
parcels of the property in such manner as the
Secretary determines to be appropriate.''; and
(B) in subparagraph (C)--
(i) by striking ``75 days'' and inserting
``135 days''; and
(ii) by striking ``75-day period'' and
inserting ``135-day period'';
(2) by striking paragraph (2) and inserting the following:
``(2) Previous lease.--In the case of real property
acquired before April 4, 1996, that the Secretary leased b
2000
efore
April 4, 1996, not later than 60 days after the lease expires,
the Secretary shall offer to sell the property in accordance
with paragraph (1).''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraphs (B) and (C)''; and
(B) by adding at the end the following:
``(C) Offer to sell or grant for farmland
preservation.--For the purpose of farmland
preservation, the Secretary shall--
``(i) in consultation with the State
Conservationist of each State in which
inventory property is located, identify each
parcel of inventory property in the State that
should be preserved for agricultural use; and
``(ii) offer to sell or grant an easement,
restriction, development right, or similar
legal right to each parcel identified under
clause (i) to a State, a political subdivision
of a State, or a private nonprofit organization
separately from the underlying fee or other
rights to the property owned by the United
States.''.
SEC. 528. DEFINITIONS.
(a) Qualified Beginning Farmer or Rancher.--Section 343(a)(11)(F)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1991(a)(11)(F)) is amended by striking ``25 percent'' and inserting
``30 percent''.
(b) Debt Forgiveness.--Section 343(a)(12) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a)(12)) is amended by striking
subparagraph (B) and inserting the following:
``(B) Exceptions.--The term `debt forgiveness' does
not include--
``(i) consolidation, rescheduling,
reamortization, or deferral of a loan; or
``(ii) any write-down provided as part of a
resolution of a discrimination complaint
against the Secretary.''.
SEC. 529. LOAN AUTHORIZATION LEVELS.
Section 346 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1994) is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--The Secretary may make or guarantee
loans under subtitles A and B from the Agricultural Credit
Insurance Fund provided for in section 309 for not more than
$3,750,000,000 for each of fiscal years 2002 through 2006, of
which, for each fiscal year--
``(A) $750,000,000 shall be for direct loans, of
which--
``(i) $200,000,000 shall be for farm
ownership loans under subtitle A; and
``(ii) $550,000,000 shall be for operating
loans under subtitle B; and
``(B) $3,000,000,000 shall be for guaranteed loans,
of which--
``(i) $1,000,000,000 shall be for
guarantees of farm ownership loans under
subtitle A; and
``(ii) $2,000,000,000 shall be for
guarantees of operating loans under subtitle
B.''; and
(B) in paragraph (2)(A)(ii), by striking ``farmers
and ranchers'' and all that follows and inserting
``farmers and ranchers 35 percent for each of fiscal
years 2002 through 2006.''; and
(2) in subsection (c), by striking the last sentence.
SEC. 530. INTEREST RATE REDUCTION PROGRAM.
Section 351 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1999) is amended--
(1) in subsection (a)--
(A) by striking ``Program.--'' and all that follows
through ``The Secretary'' and inserting ``Program.--The
Secretary''; and
(B) by striking paragraph (2);
(2) by striking subsection (c) and inserting the following:
``(c) Amount of Interest Rate Reduction.--
``(1) In general.--In return for a contract entered into by
a lender under subsection (b) for the reduction of the interest
rate paid on a loan, the Secretary shall make payments to the
lender in an amount equal to not more than 100 percent of the
cost of reducing the annual rate of interest payable on the
loan, except that such payments shall not exceed the cost of
reducing the rate by more than--
``(A) in the case of a borrower other than a
beginning farmer or rancher, 3 percent; and
``(B) in the case of a beginning farmer or rancher,
4 percent.
``(2) Beginning farmers and ranchers.--The percentage
reduction of the interest rate for which payments are
authorized to be made for a beginning farmer or rancher under
paragraph (1) shall be 1 percent more than the percentage
reduction for farmers and ranchers that are not beginning
farmers or ranchers.''; and
(3) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Maximum amount of funds.--
``(A) In general.--The total amount of funds used
by the Secretary to carry out this section for a fiscal
year shall not exceed $750,000,000.
``(B) Beginning farmers and ranchers.--
``(i) In general.--The Secretary shall
reserve not less than 25 percent of the funds
used by the Secretary under subparagraph (A) to
make payments for guaranteed loans made to
beginning farmers and ranchers.
``(ii) Duration of reservation of funds.--
Funds reserved for beginning farmers or
ranchers under clause (i) for a fiscal year
shall be reserved only until April 1 of the
fiscal year.''.
SEC. 531. OPTIONS FOR SATISFACTION OF OBLIGATION TO PAY RECAPTURE
AMOUNT FOR SHARED APPRECIATION AGREEMENTS.
(a) In General.--Section 353(e)(7) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2001(e)(7)) is amended--
(1) in subparagraph (C), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and adjusting
the margins appropriately;
(2) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and adjusting the
margins appropriately;
(3) by striking the paragraph heading and inserting the
following:
``(7) Options for satisfaction of obligation to pay
recapture amount.--
``(A) In general.--As an alternative to repaying
the full recapture amount at the end of the term of the
agreement (as determined by the Secretary in accordance
with this section), a borrower may satisfy the
obligation to pay the amount of recapture by--
``(i) financing the recapture payment in
accordance with subparagraph (B); or
``(ii) granting the Secretary an
agricultural use protection and conservation
easement on the property subject to the shared
appreciation agreement in accordance with
2000
subparagraph (C).
``(B) Financing of recapture payment.--''; and
(4) by adding at the end the following:
``(C) Agricultural use protection and conservation
easement.--
``(i) In general.--Subject to clause (iii),
the Secretary shall accept an agricultural use
protection and conservation easement from the
borrower for all of the real security property
subject to the shared appreciation agreement in
lieu of payment of the recapture amount.
``(ii) Term.--The term of an easement
accepted by the Secretary under this
subparagraph shall be 25 years.
``(iii) Conditions.--The easement shall
require that the property subject to the
easement shall continue to be used or conserved
for agricultural and conservation uses in
accordance with sound farming and conservation
practices, as determined by the Secretary.
``(iv) Replacement of method of satisfying
obligation.--A borrower that has begun
financing of a recapture payment under
subparagraph (B) may replace that financing
with an agricultural use protection and
conservation easement under this
subparagraph.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to a shared appreciation agreement that--
(1) matures on or after the date of enactment of this Act;
or
(2) matured before the date of enactment of this Act, if--
(A) the recapture amount was reamortized under
section 353(e)(7) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(e)(7)) (as in effect on
the day before the date of enactment of this Act); or
(B)(i) the recapture amount had not been paid
before the date of enactment of this Act because of
circumstances beyond the control of the borrower; and
(ii) the borrower acted in good faith (as
determined by the Secretary) in attempting to repay the
recapture amount.
SEC. 532. WAIVER OF BORROWER TRAINING CERTIFICATION REQUIREMENT.
Section 359 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2006a) is amended by striking subsection (f) and inserting the
following:
``(f) Waivers.--
``(1) In general.--The Secretary may waive the requirements
of this section for an individual borrower if the Secretary
determines that the borrower demonstrates adequate knowledge in
areas described in this section.
``(2) Criteria.--The Secretary shall establish criteria
providing for the application of paragraph (1) consistently in
all counties nationwide.''.
SEC. 533. ANNUAL REVIEW OF BORROWERS.
Section 360(d)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2006b(d)(1)) is amended by striking ``biannual'' and
inserting ``annual''.
Subtitle D--Farm Credit
SEC. 541. REPEAL OF BURDENSOME APPROVAL REQUIREMENTS.
(a) Banks for Cooperatives.--Section 3.1(11)(B) of the Farm Credit
Act of 1971 (12 U.S.C. 2122(11)(B)) is amended--
(1) by striking clause (iii); and
(2) by redesignating clause (iv) as clause (iii).
(b) Other System Banks; Associations.--Section 4.18A of the Farm
Credit Act of 1971 (12 U.S.C. 2206a) is amended--
(1) in subsection (a)(1), by striking ``3.11(11)(B)(iv)''
and inserting ``3.11(11)(B)(iii)''; and
(2) by striking subsection (c).
SEC. 542. BANKS FOR COOPERATIVES.
Section 3.7(b) of the Farm Credit Act of 1971 (12 U.S.C. 2128(b))
is amended--
(1) in paragraphs (1) and (2)(A)(i), by striking ``farm
supplies'' each place it appears and inserting ``agricultural
supplies''; and
(2) by adding at the end the following:
``(4) Definition of agricultural supply.--In this
subsection, the term `agricultural supply' includes--
``(A) a farm supply; and
``(B)(i) agriculture-related processing equipment;
``(ii) agriculture-related machinery; and
``(iii) other capital-related goods related to the
storage or handling of agricultural commodities or
products.''.
SEC. 543. INSURANCE CORPORATION PREMIUMS.
(a) Reduction in Premiums for GSE-Guaranteed Loans.--
(1) In general.--Section 5.55 of the Farm Credit Act of
1971 (12 U.S.C. 2277a-4) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
striking ``government-guaranteed loans
provided for in subparagraph (C)'' and
inserting ``loans provided for in
subparagraphs (C) and (D)'';
(II) in subparagraph (B), by
striking ``and'' at the end;
(III) in subparagraph (C), by
striking the period at the end and
inserting ``; and''; and
(IV) by adding at the end the
following:
``(D) the annual average principal outstanding for
such year on the guaranteed portions of Government
Sponsored Enterprise-guaranteed loans made by the bank
that are in accrual status, multiplied by a factor, not
to exceed 0.0015, determined by the Corporation at the
sole discretion of the Corporation.''; and
(ii) by adding at the end the following:
``(4) Definition of government sponsored enterprise-
guaranteed loan.--In this section and sections 1.12(b) and
5.56(a), the term `Government Sponsored Enterprise-guaranteed
loan' means a loan or credit, or portion of a loan or credit,
that is guaranteed by an entity that is chartered by Congress
to serve a public purpose and the debt obligations of which are
not explicitly guaranteed by the United States, including the
Federal National Mortgage Association, the Federal Home Loan
Mortgage Corporation, the Federal Home Loan Bank System, and
the Federal Agricultural Mortgage Corporation, but not
including any other institution of the Farm Credit System.'';
and
(B) in subsection (e)(4)(B), by striking
``government-guaranteed loans described in subsection
(a)(1)(C)'' and inserting ``loans described in
subparagraph (C) or (D) of subsection (a)(1)''.
(2) Conforming amendments.--
(A) Section 1.12(b) of the Farm Credit Act of 1971
(12 U.S.C. 2020(b)) is amended--
(i) in paragraph (1), by inserting ``and
Government Sponsored Enterprise-guaranteed
loans (as defined in section 5.55(a)(4))
provided for in paragraph (4)'' after
``government-guaranteed loans (as defined in
section 5.55(a)(3)) provided for in paragraph
(3)'';
(ii) in paragraph (2), by striking `
2000
`and''
at the end;
(iii) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(4) the annual average principal outstanding for such
year on the guaranteed portions of Government Sponsored
Enterprise-guaranteed loans (as so defined) made by the
association, or by the other financing institution and funded
by or discounted with the Farm Credit Bank, that are in accrual
status, multiplied by the factor, not to exceed 0.0015,
determined by the Corporation for the purpose of setting the
premium for such guaranteed portions of loans under section
5.55(a)(1)(D).''.
(B) Section 5.56(a) of the Farm Credit Act of 1971
(12 U.S.C. 2277a-5(a)) is amended--
(i) in paragraph (1), by inserting ``and
Government Sponsored Enterprise-guaranteed
loans (as defined in section 5.55(a)(4))''
after ``government-guaranteed loans'';
(ii) by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively;
and
(iii) by inserting after paragraph (3) the
following:
``(4) the annual average principal outstanding on the
guaranteed portions of Government Sponsored Enterprise-
guaranteed loans (as defined in section 5.55(a)(4)) that are in
accrual status;''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date on which Farm Credit System Insurance Corporation
premiums are due from insured Farm Credit System banks under section
5.55 of the Farm Credit Act of 1971 (12 U.S.C. 2277a-4) for calendar
year 2001.
SEC. 544. BOARD OF DIRECTORS OF THE FEDERAL AGRICULTURAL MORTGAGE
CORPORATION.
Section 8.2(b) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-
2(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``15'' and inserting ``17'';
(B) in subparagraph (A), by striking ``common
stock'' and all that follows and inserting ``Class A
voting common stock;'';
(C) in subparagraph (B), by striking ``common
stock'' and all that follows and inserting ``Class B
voting common stock;'';
(D) by redesignating subparagraph (C) as
subparagraph (D); and
(E) by inserting after subparagraph (B) the
following:
``(C) 2 members shall be elected by holders of
Class A voting common stock and Class B voting common
stock, 1 of whom shall be the chief executive officer
of the Corporation and 1 of whom shall be another
executive officer of the Corporation; and'';
(2) in paragraph (3), by striking ``(2)(C)'' and inserting
``(2)(D)'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``(A) or (B)''
and inserting ``(A), (B), or (C)''; and
(B) in subparagraph (B), by striking ``(2)(C)'' and
inserting ``(2)(D)'';
(4) in paragraph (5)(A)--
(A) by inserting ``executive officers of the
Corporation or'' after ``from among persons who are'';
and
(B) by striking ``such a representative'' and
inserting ``such an executive officer or
representative'';
(5) in paragraph (6)(B), by striking ``(A) and (B)'' and
inserting ``(A), (B), and (C)'';
(6) in paragraph (7), by striking ``8 members'' and
inserting ``Nine members'';
(7) in paragraph (8)--
(A) in the paragraph heading, by inserting ``or
executive officers of the corporation'' after
``employees''; and
(B) by inserting ``or executive officers of the
Corporation'' after ``United States''; and
(8) by striking paragraph (9) and inserting the following:
``(9) Chairperson.--
``(A) Election.--The permanent board shall annually
elect a chairperson from among the members of the
permanent board.
``(B) Term.--The term of the chairperson shall
coincide with the term served by elected members of the
permanent board under paragraph (6)(B).''.
Subtitle E--General Provisions
SEC. 551. INAPPLICABILITY OF FINALITY RULE.
Section 281(a)(1) of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 7001(a)(1)) is amended--
(1) by striking ``This subsection'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), this subsection''; and
(2) by adding at the end the following:
``(B) Agricultural credit decisions.--This
subsection shall not apply with respect to an
agricultural credit decision made by such a State,
county, or area committee, or employee of such a
committee, under the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.).''.
SEC. 552. TECHNICAL AMENDMENTS.
(a) Section 321(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)) is amended by striking ``Disaster Relief and
Emergency Assistance Act'' each place it appears and inserting ``Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.)''.
(b) Section 336(b) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1986(b)) is amended in the second sentence by striking
``provided for in section 332 of this title''.
(c) Section 359(c)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2006a(c)(1)) is amended by striking
``established pursuant to section 332,''.
(d) Section 360(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2006b(a)) is amended by striking ``established pursuant
to section 332''.
SEC. 553. EFFECT OF AMENDMENTS.
(a) In General.--Except as otherwise specifically provided in this
title and notwithstanding any other provision of law, this title and
the amendments made by this title shall not affect the authority of the
Secretary of Agriculture to carry out a farm credit program for any of
the 1996 through 2001 fiscal years under a provision of law in effect
immediately before the enactment of this Act.
(b) Liability.--A provision of this title or an amendment made by
this title shall not affect the liability of any person under any
provision of law as in effect immediately before the enactment of this
Act.
SEC. 554. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b) and section
543(b), this title and the amendments made by this title take effect on
October 1, 2001.
(b) Board of Directors of the Federal Agricultural Mortgage
Corporation.--The amendments made by section 544 take effect on the
date of enactment of this Act.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Empowerment of Rural America
SEC. 601. NATIONAL RURAL COOPERATIVE AND BUSINESS EQUITY FUND.
The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) is amended by adding at the end the following:
``Subtitle G--National Rural Cooperative and Business Equity Fund
``SEC. 383A. SHORT TITLE.
``This subtitle may be cited as the `National Rural Cooperative and
Business Equity Fund Act'.
``SEC. 383B. PURPOSE.
``The purpose of this subtit
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le is to revitalize rural communities
and enhance farm income through sustainable rural business development
by providing Federal funds and credit enhancements to a private equity
fund in order to encourage investments by institutional and
noninstitutional investors for the benefit of rural America.
``SEC. 383C. DEFINITIONS.
``In this subtitle:
``(1) Authorized private investor.--The term `authorized
private investor' means an individual, legal entity, or
affiliate or subsidiary of an individual or legal entity that--
``(A) is eligible to receive a loan guarantee under
this title;
``(B) is eligible to receive a loan guarantee under
the Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.);
``(C) is created under the National Consumer
Cooperative Bank Act (12 U.S.C. 3011 et seq.);
``(D) is an insured depository institution subject
to section 383E(b)(2);
``(E) is a Farm Credit System institution under the
Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); or
``(F) is determined by the Fund to be an
appropriate investor in the Fund.
``(2) Board.--The term `Board' means the board of directors
of the Fund established under section 383G.
``(3) Fund.--The term `Fund' means the National Rural
Cooperative and Business Equity Fund established under section
383D.
``(4) Group of similar authorized private investors.--The
term `group of similar investors' means any 1 of the following:
``(A) Insured depository institutions with total
assets of more than $250,000,000.
``(B) Insured depository institutions with total
assets equal to or less than $250,000,000.
``(C) Farm Credit System institutions under the
Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).
``(D) Cooperative financial institutions (other
than Farm Credit System institutions).
``(E) Private investors, other than those described
in subparagraphs (A) through (D), authorized by the
Secretary.
``(F) Other nonprofit organizations, including
credit unions.
``(5) Insured depository institution.--The term `insured
depository institution' means any bank or savings association
the deposits of which are insured under the Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.).
``(6) Rural area.--The term `rural area' means an area that
is located--
``(A) outside a standard metropolitan statistical
area; or
``(B) within a community that has a population of
50,000 inhabitants or less.
``(7) Rural business.--The term `rural business' means a
rural cooperative, a value-added agricultural enterprise, or
any other business located or locating in a rural area.
``SEC. 383D. ESTABLISHMENT.
``(a) Authority.--
``(1) In general.--On certification by the Secretary that,
to the maximum extent practicable, the parties proposing to
establish the fund provide a broad representation of all of the
groups of similar authorized private investors described in
subparagraphs (A) through (D) of section 383C(4), the parties
may establish a non-Federal entity under State law to purchase
shares of, and manage a fund to be known as the `National Rural
Cooperative and Business Equity Fund' (referred to in this
section as the `Fund'), to generate and provide equity capital
to rural businesses.
``(2) Ownership.--
``(A) In general.--To the maximum extent
practicable, equity ownership of the Fund shall be
distributed among authorized private investors
representing all of the groups of similar authorized
private investors described in subparagraphs (A)
through (D) of section 383C(4).
``(B) Exclusion of groups.--No group of authorized
private investors shall be excluded from equity
ownership of the Fund during any period during which
the Fund is in existence if an authorized private
investor representative of the group is able and
willing to invest in the Fund.
``(b) Purposes.--The purposes of the Fund shall be--
``(1) to strengthen the economy of rural areas;
``(2) to further sustainable rural business development;
``(3) to encourage--
``(A) start-up rural businesses;
``(B) increased opportunities for small and
minority-owned rural businesses; and
``(C) the formation of new rural businesses;
``(4) to enhance rural employment opportunities;
``(5) to provide equity capital to rural businesses, many
of which have difficulty obtaining equity capital; and
``(6) to leverage non-Federal funds for rural businesses.
``(c) Articles of Incorporation and By-Laws.--The articles of
incorporation and by-laws of the Fund shall set forth purposes of the
Fund that are consistent with the purposes described in subsection (b).
``SEC. 383E. INVESTMENT IN THE FUND.
``(a) In General.--The Secretary, using funds of the Commodity
Credit Corporation, shall--
``(1) subject to subsection (b)(1), make available to the
Fund $150,000,000;
``(2) subject to subsection (c), guarantee 50 percent of
each investment made by an authorized private investor in the
Fund; and
``(3) subject to subsection (d), guarantee the repayment of
principal of, and accrued interest on, debentures issued by the
Fund to authorized private investors.
``(b) Private Investment.--
``(1) Matching requirement.--Under subsection (a)(1), the
Secretary shall make an amount available to the Fund only after
an equal amount has been invested in the Fund by authorized
private investors in accordance with this subtitle and the
terms and conditions set forth in the by-laws of the Fund.
``(2) Insured depository institutions.--
``(A) In general.--Subject to subparagraphs (B) and
(C)--
``(i) an insured depository institution may
be an authorized private investor in the Fund;
and
``(ii) an investment in the Fund may be
considered to be part of the record of an
institution in meeting the credit needs of
community in which the institution is located
under any applicable Federal law.
``(B) Investment limit.--The total investment in
the Fund of an insured depository institution shall not
exceed 5 percent of the capital and surplus of the
institution.
``(C) Regulatory authority.--An appropriate Federal
banking agency may, by regulation or order, impose on
any insured depository institution investing in the
Fund, any safeguard, limitation, or condition
(including an investment limit that is lower than the
investment limit under subparagraph (B)) that the
Federal banking agency considers to be appropriate to
ensure that the institution operates--
``(i) in a financially sound
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manner; and
``(ii) in compliance with all applicable
law.
``(c) Guarantee of Private Investments.--
``(1) In general.--The Secretary shall guarantee, under
terms and conditions determined by the Secretary, 50 percent of
any loss of the principal of an investment made in the Fund by
an authorized private investor.
``(2) Maximum total guarantee.--The aggregate potential
liability of the Secretary with respect to all guarantees under
paragraph (1) shall not apply to more than $300,000,000 in
private investments in the Fund.
``(3) Redemption of guarantee.--
``(A) Date.--An authorized private investor in the
Fund may redeem a guarantee under paragraph (1), with
respect to the total investments in the Fund and the
total losses of the authorized private investor as of
the date of redemption--
``(i) on the date that is 5 years after the
date of incorporation of the Fund; or
``(ii) annually thereafter.
``(B) Effect of redemption.--On redemption of a
guarantee under subparagraph (A)--
``(i) the shares in the Fund of the
authorized private investor shall be redeemed;
and
``(ii) the authorized private investor
shall be prohibited from making any future
investment in the Fund.
``(d) Debt Securities.--
``(1) In general.--The Fund may, at the discretion of the
Board, generate additional capital through--
``(A) the issuance of debt securities; and
``(B) other means determined to be appropriate by
the Board.
``(2) Guarantee of debt by secretary.--
``(A) In general.--The Secretary shall guarantee
100 percent of the principal of, and accrued interest
on, debentures issued by the Fund that are approved by
the Secretary.
``(B) Maximum debt guaranteed by secretary.--The
outstanding value of debentures issued by the Fund and
guaranteed by the Secretary shall not exceed the lesser
of--
``(i) the amount equal to twice the value
of the assets held by the Fund; or
``(ii) $500,000,000.
``(C) Recapture of guarantee payments.--If the
Secretary makes a payment on a debt security issued by
the Fund as a result of a guarantee of the Secretary
under this paragraph, the Secretary shall have priority
over other creditors for repayment of the debt
security.
``(3) Authorized private investors.--An authorized private
investor may purchase debt securities issued by the Fund.
``SEC. 383F. INVESTMENTS AND OTHER ACTIVITIES OF THE FUND.
``(a) Investments.--
``(1) In general.--
``(A) Types.--Subject to subparagraphs (B) and (C),
the Fund may--
``(i) make equity investments in a rural
business that meets--
``(I) the requirements of paragraph
(6); and
``(II) such other requirements as
the Board may establish; and
``(ii) extend credit to the rural business
in--
``(I) the form of mezzanine debt or
subordinated debt; or
``(II) any other form of quasi-
equity.
``(B) Limitations on nonequity investments.--
``(i) Single investment.--A single
investment by the Fund shall not exceed the
greater of--
``(I) an amount equal to 7 percent
of the capital of the Fund; or
``(II) $2,000,000.
``(ii) Total investments.--Except in the
case of a project to assist a rural
cooperative, the total amount of nonequity
investments described in subparagraph (A)(ii)
that may be provided by the Fund shall not
exceed 20 percent of the total investments of
the Fund in the project.
``(C) Limitation.--Notwithstanding subparagraph
(B), the amount of any investment by the Fund in a
rural business shall not exceed the aggregate amount
invested by other private entities in that rural
business.
``(2) Procedures.--The Fund shall implement procedures to
ensure that--
``(A) the financing arrangements of the Fund meet
the Fund's primary focus of providing equity capital;
and
``(B) the Fund does not compete with conventional
sources of credit.
``(3) Diversity of projects.--The Fund--
``(A) shall seek to make equity investments in a
variety of viable projects, with a significant share of
investments--
``(i) in smaller enterprises (as defined in
section 384A) in rural communities of diverse
sizes; and
``(ii) in cooperative and noncooperative
enterprises; and
``(B) shall be managed in such a way as to
diversify the risks to the Fund among a variety of
projects.
``(4) Limitation on rural businesses assisted.--The Fund
shall not invest in any rural business that is primarily retail
in nature (as determined by the Board), other than a purchasing
cooperative.
``(5) Interest rate limitations.--Returns on investments in
and by the Fund and returns on the extension of credit by
participants in projects assisted by the Fund, shall not be
subject to any State or Federal law establishing a maximum
allowable interest rate.
``(6) Requirements for recipients.--
``(A) Other investments.--Any recipient of amounts
from the Fund shall make or obtain a significant
investment from a source of capital other than the
Fund.
``(B) Sponsorship.--Rural business investment
projects to be considered for an equity investment from
the Fund shall be sponsored by a regional, State, or
local sponsoring or endorsing organization such as--
``(i) a financial institution;
``(ii) a development organization; or
``(iii) any other established entity
engaging or assisting in rural business
development, including a rural cooperative.
``(b) Technical Assistance.--The Fund, under terms and conditions
established by the Board, shall use not less than 2 percent of capital
provided by the Federal Government to provide technical assistance to
rural businesses seeking an equity investment from the Fund.
``(c) Annual Audit.--
``(1) In general.--The Board shall authorize an annual
audit of the financia
2000
l statements of the Fund by a nationally
recognized auditing firm using generally accepted auditing
procedures.
``(2) Availability of audit results.--The results of the
audit required by paragraph (1) shall be made available to
investors in the Fund.
``(d) Annual Report.--The Board shall prepare and make available to
the public an annual report that--
``(1) describes the projects funded with amounts from the
Fund;
``(2) specifies the recipients of amounts from the Fund;
``(3) specifies the coinvestors in all projects that
receive amounts from the Fund; and
``(4) meets the reporting requirements, if any, of the
State under the law of which the Fund is established.
``(e) Other Authorities.--
``(1) In general.--The Board may exercise such other
authorities as are necessary to carry out this subtitle.
``(2) Oversight.--The Secretary shall enter in to a
contract with the Administrator of the Small Business
Administration under which the Administrator of the Small
Business Administration shall be responsible for the routine
duties of the Secretary in regard to the Fund.
``SEC. 383G. GOVERNANCE OF THE FUND.
``(a) In General.--The Fund shall be governed by a board of
directors that represents all of the authorized private investors in
the Fund and the Federal Government and that consists of--
``(1) a designee of the Secretary;
``(2) 2 members who are appointed by the Secretary and are
not Federal employees, including--
``(A) 1 member with expertise in venture capital
investment; and
``(B) 1 member with expertise in cooperative
development;
``(3) 8 members who are elected by the authorized private
investors with investments in the Fund; and
``(4) 1 member who is appointed by the Board and who is a
community banker from an insured depository institution that
has--
``(A) total assets equal to or less than
$250,000,000; and
``(B) an investment in the Fund.
``(b) Limitation on Voting Control.--No individual investor or
group of authorized investors may control more than 25 percent of the
votes on the Board.''.
SEC. 602. RURAL BUSINESS INVESTMENT PROGRAM.
The Consolidated Farm and Rural Development Act (as amended by
section 601) is amended by adding at the end the following:
``Subtitle H--Rural Business Investment Program
``SEC. 384A. DEFINITIONS.
``In this subtitle:
``(1) Articles.--The term `articles' means articles of
incorporation for an incorporated body and the functional
equivalent or other similar documents specified by the
Secretary for other business entities.
``(2) Developmental venture capital.--The term
`developmental venture capital' means capital in the form of
equity capital investments rural business concerns make with a
primary objective of fostering economic development in rural
areas.
``(3) Employee welfare benefit plan; pension plan.--
``(A) In general.--The terms `employee welfare
benefit plan' and `pension plan' have the meanings
given the terms in section 3 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002).
``(B) Inclusions.--The terms `employee welfare
benefit plan' and `pension plan' include--
``(i) public and private pension or
retirement plans subject to this subtitle; and
``(ii) similar plans not covered by this
subtitle that have been established and that
are maintained by the Federal Government or any
State (including by a political subdivision,
agency, or instrumentality of the Federal
Government or a State) for the benefit of
employees.
``(4) Equity capital.--The term `equity capital' means
common or preferred stock or a similar instrument, including
subordinated debt with equity features.
``(5) Leverage.--The term `leverage' includes--
``(A) debentures purchased or guaranteed by the
Secretary;
``(B) participating securities purchased or
guaranteed by the Secretary; and
``(C) preferred securities outstanding as of the
date of enactment of this subtitle.
``(6) License.--The term `license' means a license issued
by the Secretary as provided in section 384I(c).
``(7) Limited liability company.--The term `limited
liability company' means a business entity that is organized
and operating in accordance with a State limited liability
company law approved by the Secretary.
``(8) Member.--The term `member' means, with respect to a
licensee that is a limited liability company, a holder of an
ownership interest or a person otherwise admitted to membership
in the limited liability company.
``(9) Operational assistance.--The term `operational
assistance' means management, marketing, and other technical
assistance that assists a rural business concern with business
development.
``(10) Participation agreement.--The term `participation
agreement' means an agreement, between the Secretary and a
company granted final approval under section 384D(e), that
requires the company to make investments in smaller enterprises
in rural areas.
``(11) Private capital.--
``(A) In general.--The term `private capital' means
the sum of--
``(i) the paid-in capital and paid-in
surplus of a corporate licensee, the
contributed capital of the partners of a
partnership licensee, or the equity investment
of the members of a limited liability company
licensee; and
``(ii) unfunded binding commitments, from
investors that meet criteria established by the
Secretary to contribute capital to the
licensee, except that unfunded commitments may
be counted as private capital for purposes of
approval by the Secretary of any request for
leverage, but leverage shall not be funded
based on the commitments.
``(B) Exclusions.--The term `private capital' does
not include--
``(i) any funds borrowed by a licensee from
any source;
``(ii) any funds obtained through the
issuance of leverage; or
``(iii) any funds obtained directly or
indirectly from the Federal Government or any
State (including by a political subdivision,
agency, or instrumentality of the Federal
Government or a State), except for--
``(I) funds from the National Rural
Cooperative and Business Equity Fund,
which shall be considered to be 50
percent Federal funds;
``(II) funds obtained from the
business revenues (excludin
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g any
governmental appropriation) of any
federally chartered or government-
sponsored corporation established prior
to the date of enactment of this
subtitle;
``(III) funds invested by an
employee welfare benefit plan or
pension plan; and
``(IV) any qualified nonprivate
funds (if the investors of the
qualified nonprivate funds do not
control, directly or indirectly, the
management, board of directors, general
partners, or members of the licensee).
``(12) Qualified nonprivate funds.--The term `qualified
nonprivate funds' means any--
``(A) funds directly or indirectly invested in any
applicant or licensee on or before the date of
enactment of this subtitle, by any Federal agency,
other than the Department of Agriculture, under a
provision of law explicitly mandating the inclusion of
those funds in the definition of the term `private
capital'; and
``(B) funds invested in any applicant or licensee
by 1 or more entities of any State (including by a
political subdivision, agency, or instrumentality of
the State and including any guarantee extended by those
entities) in an aggregate amount that does not exceed
33 percent of the private capital of the applicant or
licensee.
``(13) Rural area.--
``(A) In general.--The term `rural area' means a
city, town, or unincorporated area with a population of
50,000 inhabitants or less.
``(B) Exclusion.--The term `rural area' does not
include an urbanized area immediately adjacent to a
city, town, or unincorporated area with a population of
50,000 inhabitants or less.
``(14) Rural business concern.--The term `rural business
concern' means--
``(A) a public, private, or cooperative for-profit
or nonprofit organization;
``(B) a for-profit or nonprofit business controlled
by an Indian tribe on a Federal or State reservation or
other federally recognized Indian tribal group; or
``(C) any other person;
that primarily operates in a rural area, as determined by the
Secretary.
``(15) Rural business investment company.--The term `Rural
Business Investment Company' means a company that--
``(A) has been granted final approval by the
Secretary under section 384D(e); and
``(B) has entered into a participation agreement
with the Secretary.
``(16) Smaller enterprise.--The term `smaller enterprise'
means any rural business concern that, together with its
affiliates--
``(A) has--
``(i) a net financial worth of not more
than $6,000,000, as of the date on which
assistance is provided under this subtitle to
that rural business concern; and
``(ii) an average net income for the 2-year
period preceding the date on which assistance
is provided under this subtitle to that rural
business concern, of not more than $2,000,000,
after Federal income taxes (excluding any
carryover losses) except that, for purposes of
this clause, if the rural business concern is
not required by law to pay Federal income taxes
at the enterprise level, but is required to
pass income through to the shareholders,
partners, beneficiaries, or other equitable
owners of the business concern, the net income
of the business concern shall be determined by
allowing a deduction in an amount equal to the
sum of--
``(I) if the rural business concern
is not required by law to pay State
(and local, if any) income taxes at the
enterprise level, the net income
(determined without regard to this
clause), multiplied by the marginal
State income tax rate (or by the
combined State and local income tax
rates, as applicable) that would have
applied if the business concern were a
corporation; and
``(II) the net income (so
determined) less any deduction for
State (and local) income taxes
calculated under subclause (I),
multiplied by the marginal Federal
income tax rate that would have applied
if the rural business concern were a
corporation; or
``(B) satisfies the standard industrial
classification size standards established by the
Administrator of the Small Business Administration for
the industry in which the rural business concern is
primarily engaged.
``(17) State.--The term `State' means each of the States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of the United
States.
``SEC. 384B. PURPOSES.
``The purposes of the Rural Business Investment Program established
under this subtitle are--
``(1) to promote economic development and the creation of
wealth and job opportunities in rural areas and among
individuals living in those areas by encouraging developmental
venture capital investments in smaller enterprises primarily
located in rural areas; and
``(2) to establish a developmental venture capital program,
with the mission of addressing the unmet equity investment
needs of small enterprises located in rural areas, by
authorizing the Secretary--
``(A) to enter into participation agreements with
Rural Business Investment Companies;
``(B) to guarantee debentures of Rural Business
Investment Companies to enable each Rural Business
Investment Company to make developmental venture
capital investments in smaller enterprises in rural
areas; and
``(C) to make grants to Rural Business Investment
Companies, and to other entities, for the purpose of
providing operational assistance to smaller enterprises
financed, or expected to be financed, by Rural Business
Investment Companies.
``SEC. 384C. ESTABLISHMENT.
``In accordance with this subtitle, the Secretary shall establish a
Rural Business Investment Program, under which the Secretary may--
``(1)
2000
enter into participation agreements with companies
granted final approval under section 384D(e) for the purposes
set forth in section 384B;
``(2) guarantee the debentures issued by Rural Business
Investment Companies as provided in section 384E; and
``(3) make grants to Rural Business Investment Companies,
and to other entities, under section 384H.
``SEC. 384D. SELECTION OF RURAL BUSINESS INVESTMENT COMPANIES.
``(a) Eligibility.--A company shall be eligible to apply to
participate, as a Rural Business Investment Company, in the program
established under this subtitle if--
``(1) the company is a newly formed for-profit entity or a
newly formed for-profit subsidiary of such an entity;
``(2) the company has a management team with experience in
community development financing or relevant venture capital
financing; and
``(3) the company will invest in enterprises that will
create wealth and job opportunities in rural areas, with an
emphasis on smaller businesses.
``(b) Application.--To participate, as a Rural Business Investment
Company, in the program established under this subtitle, a company
meeting the eligibility requirements of subsection (a) shall submit an
application to the Secretary that includes--
``(1) a business plan describing how the company intends to
make successful developmental venture capital investments in
identified rural areas;
``(2) information regarding the community development
finance or relevant venture capital qualifications and general
reputation of the management of the company;
``(3) a description of how the company intends to work with
community organizations and to seek to address the unmet
capital needs of the communities served;
``(4) a proposal describing how the company intends to use
the grant funds provided under this subtitle to provide
operational assistance to smaller enterprises financed by the
company, including information regarding whether the company
intends to use licensed professionals, when necessary, on the
staff of the company or from an outside entity;
``(5) with respect to binding commitments to be made to the
company under this subtitle, an estimate of the ratio of cash
to in-kind contributions;
``(6) a description of the criteria to be used to evaluate
whether and to what extent the company meets the objectives of
the program established under this subtitle;
``(7) information regarding the management and financial
strength of any parent firm, affiliated firm, or any other firm
essential to the success of the business plan of the company;
and
``(8) such other information as the Secretary may require.
``(c) Issuance of License.--
``(1) Submission of application.--Each applicant for a
license to operate as a Rural Business Investment Company under
this subtitle shall submit to the Secretary an application, in
a form and including such documentation as may be prescribed by
the Secretary.
``(2) Procedures.--
``(A) Status.--Not later than 90 days after the
initial receipt by the Secretary of an application
under this subsection, the Secretary shall provide the
applicant with a written report describing the status
of the application and any requirements remaining for
completion of the application.
``(B) Approval or disapproval.--Within a reasonable
time after receiving a completed application submitted
in accordance with this subsection and in accordance
with such requirements as the Secretary may prescribe
by regulation, the Secretary shall--
``(i) approve the application and issue a
license for the operation to the applicant, if
the requirements of this section are satisfied;
or
``(ii) disapprove the application and
notify the applicant in writing of the
disapproval.
``(3) Matters considered.--In reviewing and processing any
application under this subsection, the Secretary--
``(A) shall determine whether--
``(i) the applicant meets the requirements
of subsections (d) and (e); and
``(ii) the management of the applicant is
qualified and has the knowledge, experience,
and capability necessary to comply with this
subtitle;
``(B) shall take into consideration--
``(i) the need for and availability of
financing for rural business concerns in the
geographic area in which the applicant is to
commence business;
``(ii) the general business reputation of
the owners and management of the applicant; and
``(iii) the probability of successful
operations of the applicant, including adequate
profitability and financial soundness; and
``(C) shall not take into consideration any
projected shortage or unavailability of leverage.
``(d) Approval; Designation.--The Secretary may approve an
applicant to operate as a Rural Business Investment Company under this
subtitle and designate the applicant as such a company, if--
``(1) the Secretary determining the application satisfies
the requirements of subsection (b); and
``(2) the area in which the company is to conduct its
operations, and the establishment of branch offices or agencies
(if authorized by the articles), are approved by the Secretary;
and
``(3) the applicant enters into a participation agreement
with the Secretary.
``SEC. 384E. DEBENTURES.
``(a) In General.--The Secretary may guarantee the timely payment
of principal and interest, as scheduled, on debentures issued by any
Rural Business Investment Company.
``(b) Terms and Conditions.--The Secretary may make guarantees
under this section on such terms and conditions as the Secretary
considers appropriate, except that the term of any debenture guaranteed
under this section shall not exceed 15 years.
``(c) Full Faith and Credit of the United States.--Section 381H(i)
shall apply to any guarantee under this subtitle.
``(d) Maximum Guarantee.--Under this section, the Secretary may--
``(1) guarantee the debentures issued by a Rural Business
Investment Company only to the extent that the total face
amount of outstanding guaranteed debentures of the company does
not exceed 300 percent of the private capital of the company,
as determined by the Secretary; and
``(2) provide for the use of discounted debentures.
``SEC. 384F. ISSUANCE AND GUARANTEE OF TRUST CERTIFICATES.
``(a) Issuance.--The Secretary may issue trust certificates
representing ownership of all or a fractional part of debentures issued
by a Rural Business Investment Company and guaranteed by the Secretary
under this subtitle, if the certificates are based on and backed by a
trust or pool approved by the Secretary and composed solely of
guaranteed debentures.
``(b) Guarantee.--
``(1) In general.--The Secretary may, under such terms and
conditions as the Secretary considers appropriate, guarantee
the timely payment of the princi
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pal of and interest on trust
certificates issued by the Secretary or agents of the Secretary
for purposes of this section.
``(2) Limitation.--Each guarantee under this subsection
shall be limited to the extent of principal and interest on the
guaranteed debentures that compose the trust or pool.
``(3) Prepayment or default.--
``(A) In general.--In the event a debenture in a
trust or pool is prepaid, or in the event of default of
such a debenture, the guarantee of timely payment of
principal and interest on the trust certificates shall
be reduced in proportion to the amount of principal and
interest the prepaid debenture represents in the trust
or pool.
``(B) Interest.--Interest on prepaid or defaulted
debentures shall accrue and be guaranteed by the
Secretary only through the date of payment of the
guarantee.
``(C) Redemption.--At any time during its term, a
trust certificate may be called for redemption due to
prepayment or default of all debentures.
``(c) Full Faith and Credit of the United States.--Section 381H(i)
shall apply to any guarantee of a trust certificate issued by the
Secretary or agents of the Secretary under this section.
``(d) Subrogation and Ownership Rights.--
``(1) Subrogation.--If the Secretary pays a claim under a
guarantee issued under this section, the claim shall be
subrogated fully to the rights satisfied by the payment.
``(2) Ownership rights.--No Federal, State, or local law
shall preclude or limit the exercise by the Secretary of the
ownership rights of the Secretary in a debenture residing in a
trust or pool against which 1 or more trust certificates are
issued under this section.
``(e) Management and Administration.--
``(1) Registration.--The Secretary may provide for a
central registration of all trust certificates issued under
this section.
``(2) Contracting of functions.--
``(A) In general.--The Secretary may enter into an
interagency agreement with the Small Business
Administration to carry out, on behalf of the
Secretary, the pooling and the central registration
functions provided for in this section, including,
notwithstanding any other provision of law--
``(i) maintenance, on behalf of and under
the direction of the Secretary, of such
commercial bank accounts or investments in
obligations of the United States as may be
necessary to facilitate the creation of trusts
or pools backed by debentures guaranteed under
this subtitle;
``(ii) the issuance of trust certificates
to facilitate the creation of those trusts or
pools; and
``(iii) all other day-to-day management of
the program authorized by this section.
``(B) Fidelity bond or insurance requirement.--Any
agent performing functions on behalf of the Secretary
under this paragraph shall provide a fidelity bond or
insurance in such amount as the Secretary considers to
be necessary to fully protect the interests of the
United States.
``(3) Regulation of brokers and dealers.--The Secretary may
regulate brokers and dealers in trust certificates issued under
this section.
``(4) Electronic registration.--Nothing in this subsection
prohibits the use of a book-entry or other electronic form of
registration for trust certificates issued under this section.
``SEC. 384G. FEES.
``(a) In General.--The Secretary may charge such fees as the
Secretary considers appropriate with respect to any guarantee or grant
issued under this subtitle.
``(b) Trust Certificate.--Notwithstanding subsection (a), the
Secretary shall not collect a fee for any guarantee of a trust
certificate under section 384F, except that any agent of the Secretary
may collect a fee approved by the Secretary for the functions described
in section 384F(e)(2).
``(c) License.--
``(1) In general.--The Secretary may prescribe fees to be
paid by each applicant for a license to operate as a Rural
Business Investment Company under this subtitle.
``(2) Use of amounts.--Fees collected under this
subsection--
``(A) shall be deposited in the account for
salaries and expenses of the Secretary; and
``(B) are authorized to be appropriated solely to
cover the costs of licensing examinations.
``SEC. 384H. OPERATIONAL ASSISTANCE GRANTS.
``(a) In General.--
``(1) Authority.--In accordance with this section, the
Secretary may make grants to Rural Business Investment
Companies and to other entities, as authorized by this
subtitle, to provide operational assistance to smaller
enterprises financed, or expected to be financed, by the
entities.
``(2) Terms.--Grants made under this subsection shall be
made over a multiyear period (not to exceed 10 years) under
such other terms as the Secretary may require.
``(3) Use of funds.--The proceeds of a grant made under
this paragraph may be used by the company receiving the grant
only to--
``(A) provide operational assistance in connection
with an equity investment (made with capital raised
after the effective date of this subtitle) in a
business located in a rural area; or
``(B) pay operational expenses of the company.
``(4) Submission of plans.--A Rural Business Investment
Company shall be eligible for a grant under this section only
if the company submits to the Secretary, in such form and
manner as the Secretary may require, a plan for use of the
grant.
``(5) Grant amount.--
``(A) Rural business investment companies.--The
amount of a grant made under this subsection to a Rural
Business Investment Company shall be equal to the
lesser of--
``(i) 50 percent of the amount of resources
(in cash or in kind) raised by the company; or
``(ii) $1,000,000.
``(B) Other entities.--The amount of a grant made
under this subsection to any entity other than a Rural
Business Investment Company shall be equal to the
resources (in cash or in kind) raised by the entity in
accordance with the requirements applicable to Rural
Business Investment Companies under this subtitle.
``(b) Supplemental Grants.--
``(1) In general.--The Secretary may make supplemental
grants to Rural Business Investment Companies and to other
entities, as authorized by this subtitle under such terms as
the Secretary may require, to provide additional operational
assistance to smaller enterprises financed, or expected to be
financed, by the Rural Business Investment Companies and other
entities.
``(2) Matching requirement.--The Secretary may require, as
a condition of any supplemental grant made under this
subsection, that the company or entity receiving the grant
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provide from resources (in cash or in kind), other than
resources provided by the Secretary, a matching contribution
equal to the amount of the supplemental grant.
``SEC. 384I. RURAL BUSINESS INVESTMENT COMPANIES.
``(a) Organization.--For the purpose of this subtitle, a Rural
Business Investment Company shall--
``(1) be an incorporated body, a limited liability company,
or a limited partnership organized and chartered or otherwise
existing under State law solely for the purpose of performing
the functions and conducting the activities authorized by this
subtitle;
``(2)(A) if incorporated, have succession for a period of
not less than 30 years unless earlier dissolved by the
shareholders of the company; and
``(B) if a limited partnership, have succession for a
period of not less than 10 years; and
``(3) possess the powers reasonably necessary to perform
the functions and conduct the activities.
``(b) Organizational Papers.--The organizational papers of any
Rural Business Investment Company--
``(1) shall specify in general terms--
``(A) the purposes for which the company is formed;
``(B) the name of the company;
``(C) the area or areas in which the operations of
the company are to be carried out;
``(D) the place where the principal office of the
company or is to be located; and
``(E) the amount and classes of the shares of
capital stock of the company;
``(2) may contain any other provisions consistent with this
subtitle that the company may determine appropriate to adopt
for the regulation of the business of the company and the
conduct of the affairs of the company; and
``(3) shall be subject to the approval of the Secretary.
``(c) Capital Requirements.--
``(1) In general.--Except as provided in paragraph (2), the
private capital of each licensee shall be not less than--
``(A) $5,000,000; or
``(B) $10,000,000, with respect to each licensee
authorized or seeking authority to issue participating
securities to be purchased or guaranteed by the
Secretary under this subtitle.
``(2) Exception.--The Secretary may, in the discretion of
the Secretary and based on a showing of special circumstances
and good cause, permit the private capital of a licensee
described in paragraph (1)(B) to be less than $10,000,000, but
not less than $5,000,000, if the Secretary determines that the
action would not create or otherwise contribute to an
unreasonable risk of default or loss to the Federal Government.
``(3) Adequacy.--In addition to the requirements of
paragraph (1), the Secretary shall--
``(A) determine whether the private capital of each
licensee is adequate to ensure a reasonable prospect
that the licensee will be operated soundly and
profitably, and managed actively and prudently in
accordance with the articles of the licensee;
``(B) determine that the licensee will be able to
comply with the requirements of this subtitle; and
``(C) require that at least 75 percent of the
capital of each licensee is invested in rural business
concerns.
``(d) Diversification of Ownership.--The Secretary shall
ensure that the management of each licensee licensed after the date of
enactment of this subtitle is sufficiently diversified from and
unaffiliated with the ownership of the licensee so as to ensure
independence and objectivity in the financial management and oversight
of the investments and operations of the licensee.
``SEC. 384J. FINANCIAL INSTITUTION INVESTMENTS.
``(a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of law, any national bank, any
member bank of the Federal Reserve System, any Federal savings
association, and (to the extent permitted under applicable State law)
any insured bank that is not a member of the Federal Reserve System,
may invest in any Rural Business Investment Company or in any entity
established to invest solely in Rural Business Investment Companies.
``(b) Limitation.--No bank or association described in subsection
(a) may make investments described in subsection (a) that are greater
than 5 percent of the capital and surplus of the bank or association.
``SEC. 384K. REPORTING REQUIREMENT.
``Each Rural Business Investment Company that participates in the
program established under this subtitle shall provide to the Secretary
such information as the Secretary may require, including--
``(1) information relating to the measurement criteria that
the company proposed in the program application of the company;
and
``(2) in each case in which the company under this subtitle
makes an investment in, or a loan or grant to, a business that
is not located in a rural area, a report on the number and
percentage of employees of the business who reside in those
areas.
``SEC. 384L. EXAMINATIONS.
``(a) In General.--Each Rural Business Investment Company that
participates in the program established under this subtitle shall be
subject to examinations made at the direction of the Secretary in
accordance with this section.
``(b) Assistance of Private Sector Entities.--An examination under
this section may be conducted with the assistance of a private sector
entity that has the qualifications and the expertise necessary to
conduct such an examination.
``(c) Costs.--
``(1) In general.--The Secretary may assess the cost of an
examination under this section, including compensation of the
examiners, against the company examined.
``(2) Payment.--Any company against which the Secretary
assesses costs under this paragraph shall pay the costs.
``(d) Deposit of Funds.--Funds collected under this section shall--
``(1) be deposited in the account that incurred the costs
for carrying out this section;
``(2) be made available to the Secretary without further
appropriation; and
``(3) remain available until expended.
``SEC. 384M. INJUNCTIONS AND OTHER ORDERS.
``(a) In General.--
``(1) Application by secretary.--Whenever, in the judgment
of the Secretary, a Rural Business Investment Company or any
other person has engaged or is about to engage in any act or
practice that constitutes or will constitute a violation of a
provision of this subtitle (including any rule, regulation,
order, or participation agreement under this subtitle), the
Secretary may apply to the proper district court of the United
States or a United States court of any place subject to the
jurisdiction of the United States for an order enjoining the
act or practice, or for an order enforcing compliance with the
provision, rule, regulation, order, or participation agreement.
``(2) Jurisdiction; relief.--The court shall have
jurisdiction over the action and, on a showing by the Secretary
that the Rural Business Investment Company or other person has
engaged or is about to engage in an act or practice described
in paragraph (1), a permanent or temporary injunction,
restraining order, or other order, shall be granted without
bond.
``(b) Jurisdiction.--
``(1) In general.--In any proceeding under subsection (a),
the court as a court of equity may, to such extent as the court
considers nece
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ssary, take exclusive jurisdiction over the Rural
Business Investment Company and the assets of the company,
wherever located.
``(2) Trustee or receiver.--The court shall have
jurisdiction in any proceeding described in paragraph (1) to
appoint a trustee or receiver to hold or administer, under the
direction of the court, the assets so possessed.
``(c) Secretary As Trustee or Receiver.--
``(1) Authority.--The Secretary may act as trustee or
receiver of a Rural Business Investment Company.
``(2) Appointment.--On the request of the Secretary, the
court may appoint the Secretary to act as a trustee or receiver
of a Rural Business Investment Company unless the court
considers the appointment inequitable or otherwise
inappropriate by reason of any special circumstances involved.
``SEC. 384N. ADDITIONAL PENALTIES FOR NONCOMPLIANCE.
``(a) In General.--With respect to any Rural Business Investment
Company that violates or fails to comply with this subtitle (including
any rule, regulation, order, or participation agreement under this
subtitle), the Secretary may, in accordance with this section--
``(1) void the participation agreement between the
Secretary and the company; and
``(2) cause the company to forfeit all of the rights and
privileges derived by the company under this subtitle.
``(b) Adjudication of Noncompliance.--
``(1) In general.--Before the Secretary may cause a Rural
Business Investment Company to forfeit rights or privileges
under subsection (a), a court of the United States of competent
jurisdiction must find that the company committed a violation,
or failed to comply, in a cause of action brought for that
purpose in the district, territory, or other place subject to
the jurisdiction of the United States, in which the principal
office of the company is located.
``(2) Parties authorized to file causes of action.--Each
cause of action brought by the United States under this
subsection shall be brought by the Secretary or by the Attorney
General.
``SEC. 384O. UNLAWFUL ACTS AND OMISSIONS; BREACH OF FIDUCIARY DUTY.
``(a) Parties Deemed To Commit a Violation.--Whenever any Rural
Business Investment Company violates this subtitle (including any rule,
regulation, order, or participation agreement under this subtitle), by
reason of the failure of the Rural Business Investment Company to
comply with this subtitle or by reason of its engaging in any act or
practice that constitutes or will constitute a violation of this
subtitle, the violation shall also be deemed to be a violation and an
unlawful act committed by any person that, directly or indirectly,
authorizes, orders, participates in, causes, brings about, counsels,
aids, or abets in the commission of any acts, practices, or
transactions that constitute or will constitute, in whole or in part,
the violation.
``(b) Fiduciary Duties.--It shall be unlawful for any officer,
director, employee, agent, or other participant in the management or
conduct of the affairs of a Rural Business Investment Company to engage
in any act or practice, or to omit any act or practice, in breach of
the fiduciary duty of the officer, director, employee, agent, or
participant if, as a result of the act or practice, the company suffers
or is in imminent danger of suffering financial loss or other damage.
``(c) Unlawful Acts.--Except with the written consent of the
Secretary, it shall be unlawful--
``(1) for any person to take office as an officer,
director, or employee of any Rural Business Investment Company,
or to become an agent or participant in the conduct of the
affairs or management of a Rural Business Investment Company,
if the person--
``(A) has been convicted of a felony, or any other
criminal offense involving dishonesty or breach of
trust; or
``(B) has been found civilly liable in damages, or
has been permanently or temporarily enjoined by an
order, judgment, or decree of a court of competent
jurisdiction, by reason of any act or practice
involving fraud, or breach of trust; and
``(2) for any person to continue to serve in any of the
capacities described in paragraph (1), if--
``(A) the person is convicted of a felony, or any
other criminal offense involving dishonesty or breach
of trust; or
``(B) the person is found civilly liable in
damages, or is permanently or temporarily enjoined by
an order, judgment, or decree of a court of competent
jurisdiction, by reason of any act or practice
involving fraud or breach of trust.
``SEC. 384P. REMOVAL OR SUSPENSION OF DIRECTORS OR OFFICERS.
``Using the procedures for removing or suspending a director or an
officer of a licensee established by the Secretary, the Secretary may
remove or suspend any director or officer of any Rural Business
Investment Company.
``SEC. 384Q. REGULATIONS.
``The Secretary may promulgate such regulations as the Secretary
considers necessary to carry out this subtitle.
``SEC. 384R. FUNDING.
``(a) In General.--Not later than 30 days after the date of
enactment of this Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to the
Secretary of Agriculture--
``(1) such subsidy budget authority as may be necessary to
guarantee $350,000,000 of debentures under this subtitle; and
``(2) $50,000,000 to make grants under this subtitle.
``(b) Receipt and Acceptance.--The Secretary shall be entitled to
receive the funds and shall accept the funds transferred under
subsection (a), without further appropriation.
``(c) Availability of Funds.--Funds transferred under subsection
(a) shall remain available until expended.''.
SEC. 603. FULL FUNDING OF PENDING RURAL DEVELOPMENT LOAN AND GRANT
APPLICATIONS.
(a) Definition of Application.--In this section, the term
``application'' does not include an application for a loan, loan
guarantee, or grant that, as of the date of enactment of this Act, is
in the preapplication phase of consideration under regulations of the
Secretary of Agriculture in effect on the date of enactment of this
Act.
(b) Account.--There is established in the Treasury of the United
States an account to be known as the ``Rural America Infrastructure
Development Account'' (referred to in this section as the ``Account'')
to fund rural development loans, loan guarantees, and grants described
in subsection (d) that are pending on the date of enactment of this
Act.
(c) Funding.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of Agriculture such sums as are
necessary to carry out this section, to remain available until
expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further appropriation.
(d) Use of Funds.--
(1) Eligible programs.--Subject to paragraph (2), the
Secretary shall use the funds in the Account to provide funds
for applications that are pending on the date of enactment of
this Act for--
(A) community facility direct loans under section
306(a)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(1));
(B) community f
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acility grants under paragraph (19),
(20), or (21) of section 306(a) of that Act (7 U.S.C.
1926(a));
(C) water or waste disposal grants or direct loans
under paragraph (1) or (2) of section 306(a) of that
Act (7 U.S.C. 1926(a));
(D) rural water or wastewater technical assistance
and training grants under section 306(a)(14) of that
Act (7 U.S.C. 1926(a)(14));
(E) business and industry guaranteed loans
authorized under section 310B(a)(1)(A) of that Act (7
U.S.C. 1932(a)(1)(A)); and
(F) solid waste management grants under section
310B(b) of that Act (7 U.S.C. 1932(b)).
(2) Limitations.--
(A) Appropriated amounts.--Funds in the Account
shall be available to the Secretary to provide funds
for pending applications for loans, loan guarantees,
and grants described in paragraph (1) only to the
extent that funds for the loans, loan guarantees, and
grants appropriated in the annual appropriations Act
for fiscal year 2002 have been exhausted.
(B) Program requirements.--The Secretary may use
the Account to provide funds for a pending application
for a loan, loan guarantee, or grant described in
paragraph (1) only if the Secretary processes, reviews,
and approves the application in accordance with
regulations in effect on the date of enactment of this
Act.
SEC. 604. RURAL ENDOWMENT PROGRAM.
The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) (as amended by section 602) is amended by adding at the end the
following:
``Subtitle I--Rural Endowment Program
``SEC. 385A. PURPOSE.
``The purpose of this subtitle is to provide rural communities with
technical and financial assistance to implement comprehensive community
development strategies to reduce the economic and social distress
resulting from poverty, high unemployment, outmigration, plant
closings, agricultural downturn, declines in the natural resource-based
economy, or environmental degradation.
``SEC. 385B. DEFINITIONS.
``In this subtitle:
``(1) Comprehensive community development strategy.--The
term `comprehensive community development strategy' means a
community development strategy described in section 385C(e)(2).
``(2) Eligible rural area.--The term `eligible rural area'
means an area with a population of 25,000 inhabitants or less,
outside an urbanized area, as determined by the Secretary of
Agriculture using the most recent decennial census, that does
not contain any area designated by the Secretary as a rural
empowerment zone (as designated by the Secretary).
``(3) Endowment fund.--The term `endowment fund' means a
long-term fund that an approved program entity is required to
establish under section 385C(f)(3).
``(4) Federal interagency working group.--The term `Federal
Interagency Working Group' means the interagency working group
established by section 385D.
``(5) Performance-based benchmarks.--The term `performance-
based benchmarks' means a set of annualized goals and tasks
established by a recipient of a grant under the Program, in
collaboration with the Secretary, for the purpose of measuring
performance in meeting the comprehensive community development
strategy of the recipient.
``(6) Program.--The term `Program' means the Rural
Endowment Program established under section 385C(a).
``(7) Program entity.--The term `program entity' means--
``(A) a private nonprofit community-based
development organization;
``(B) a unit of local government (including a
multijurisdictional unit of local government);
``(C) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b));
``(D) a consortium comprised of an organization
described in subparagraph (A) and a unit of local
government; or
``(E) a consortium of entities specified in
subparagraphs (A) through (D);
that serves an eligible rural area.
``(8) Program-related investment.--The term `program-
related investment' means--
``(A) a loan, loan guarantee, grant, payment of a
technical fee, or other expenditure provided for an
affordable housing, community facility, small business,
environmental improvement, or other community
development project that is part of a comprehensive
community development strategy; and
``(B) support services relating to a project
described in subparagraph (A).
``SEC. 385C. RURAL ENDOWMENT PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary may establish a program,
to be known as the `Rural Endowment Program', to provide
approved program entities with assistance in developing and
implementing comprehensive community development strategies for
eligible rural areas.
``(2) Purposes.--The purposes of the Program are--
``(A) to enhance the ability of an eligible rural
area to engage in comprehensive community development;
``(B) to leverage private and public resources for
the benefit of community development efforts in
eligible rural areas;
``(C) to make available staff of Federal agencies
to directly assist the community development efforts of
an approved program entity or eligible rural area; and
``(D) to strengthen the asset base of an eligible
rural area to further long-term, ongoing community
development.
``(b) Applications.--
``(1) In general.--To receive an endowment grant under the
Program, the eligible entity shall submit an application at
such time, in such form, and containing such information as the
Secretary may require.
``(2) Regional applications.--
``(A) In general.--Where appropriate, the Secretary
shall encourage regional applications from program
entities serving more than 1 eligible rural area.
``(B) Criteria for applications.--To be eligible
for an endowment grant for a regional application the
program entities that submit the application shall
demonstrate that--
``(i) a comprehensive community development
strategy for the eligible rural areas is best
accomplished through a regional approach; and
``(ii) the combined population of the
eligible rural areas covered by the
comprehensive community development strategy is
75,000 inhabitants or less.
``(C) Amount of endowment grants.--For the purpose
of subsection (f)(2), 2 or more program entities that
submit a regional application shall be considered to be
a single program entity.
``(3) Preference.--The Secretary shall give preference to a
regional application submitted by a private, nonprofit
community development corporat
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ion and a unit of local
government.
``(c) Entity Approval.--The Secretary shall approve a program
entity to receive grants under the Program, if the program entity meets
criteria established by the Secretary, including the following:
``(1) Distressed rural area.--The program entity shall
serve a rural area that suffers from economic or social
distress resulting from poverty, high unemployment,
outmigration, plant closings, agricultural downturn, declines
in the natural resource-based economy, or environmental
degradation.
``(2) Capacity to implement strategy.--The program entity
shall demonstrate the capacity to implement a comprehensive
community development strategy.
``(3) Goals.--The goals described in the application
submitted under subsection (b) shall be consistent with this
section.
``(4) Participation process.--The program entity shall
demonstrate the ability to convene and maintain a multi-
stakeholder, community-based participation process.
``(d) Planning Grants to Conditionally Approved Program Entities.--
``(1) In general.--The Secretary may award supplemental
grants to approved program entities to assist the approved
program entities in the development of a comprehensive
community development strategy under subsection (e)(2).
``(2) Eligibility for supplemental grants.--In determining
whether to award a supplemental grant to an approved program
entity, the Secretary shall consider the economic need of the
approved program entity.
``(3) Limitations on amount of grants.--Under this
subsection, an approved program entity may receive a
supplemental grant in an amount of not more than $100,000 for a
period of 2 fiscal years.
``(e) Endowment Grant Award.--
``(1) In general.--To be eligible for an endowment grant
under the Program, an approved program entity shall develop and
obtain the approval of the Secretary for a comprehensive
community development strategy that--
``(A) is designed to reduce economic or social
distress resulting from poverty, high unemployment,
outmigration, plant closings, agricultural downturn,
declines in the natural resource-based economy, or
environmental degradation;
``(B) addresses a broad range of the development
needs of a community, including economic, social, and
environmental needs, for a period of not less than 10
years;
``(C) is developed with input from a broad array of
local governments and business, civic, and community
organizations;
``(D) specifies measurable performance-based
outcomes for all activities; and
``(E) includes a financial plan for achieving the
outcomes and activities of the comprehensive community
development strategy that identifies sources for, or a
plan to meet, the requirement for a non-Federal share
under subsection (f)(4)(B).
``(2) Final approval.--
``(A) In general.--An approved program entity shall
receive final approval if the Secretary determines
that--
``(i) the comprehensive community
development strategy of the approved program
entity meets the requirements of this section;
``(ii) the management and organizational
structure of the approved program entity is
sufficient to oversee fund and development
activities;
``(iii) the approved program entity has
established an endowment fund; and
``(iv) the approved program entity will be
able to provide the non-Federal share required
under subsection (f)(4)(B).
``(B) Conditions.--As part of the final approval,
the approved program entity shall agree to--
``(i) achieve, to the maximum extent
practicable, performance-based benchmarks; and
``(ii) comply with the terms of the
comprehensive community development strategy
for a period of not less than 10 years.
``(f) Endowment Grants.--
``(1) In general.--Under the Program, the Secretary may
make endowment grants to approved program entities with final
approval to implement an approved comprehensive community
development strategy.
``(2) Amount of grants.--An endowment grant to an approved
program entity shall be in an amount of not more than
$6,000,000, as determined by the Secretary based on--
``(A) the size of the population of the eligible
rural area for which the endowment grant is to be used;
``(B) the size of the eligible rural area for which
the endowment grant is to be used;
``(C) the extent of the comprehensive community
development strategy to be implemented using the
endowment grant award; and
``(D) the extent to which the community suffers
from economic or social distress resulting from--
``(i) poverty;
``(ii) high unemployment;
``(iii) outmigration;
``(iv) plant closings;
``(v) agricultural downturn;
``(vi) declines in the natural resource-
based economy; or
``(vii) environmental degradation.
``(3) Endowment funds.--
``(A) Establishment.--On notification from the
Secretary that the program entity has been approved
under subsection (c), the approved program entity shall
establish an endowment fund.
``(B) Requirements.--Federal funds provided in the
form of an endowment grant under the Program shall--
``(i) be deposited in the endowment fund;
``(ii) subject to clauses (i), (iii), and
(iv), be the sole property of the approved
program entity;
``(iii) be used in a manner consistent with
this subtitle; and
``(iv) be subject to oversight by the
Secretary for a period of not more than 10
years.
``(C) Limitation.--The Secretary shall promulgate
regulations on matching funds and returns on program-
related investments only to the extent that such funds
or proceeds are used in a manner consistent with this
subtitle.
``(4) Conditions.--
``(A) Disbursement.--
``(i) In general.--Each endowment grant
award shall be disbursed during a period not to
exceed 5 years beginning during the fiscal year
containing the date of final approval of the
approved program entity under subsection
(e)(3).
``(ii) Requirements.--For each fiscal year
after the first fiscal year of a endowment
2000
grant award, the Secretary shall make a
disbursement under clause (i) only if the
approved program entity--
``(I) has met the performance-based
benchmarks of the approved program
entity for the preceding fiscal year;
and
``(II) has provided the non-Federal
share required for the preceding fiscal
year under subparagraph (B).
``(B) Non-federal share.--
``(i) In general.--Except as provided in
clause (ii), for each fiscal year, the
Secretary shall require the approved program
entity to provide a non-Federal share in an
amount equal to 50 percent of the amount of
funds received by the approved program entity
for the fiscal year under this subtitle.
``(ii) Lower non-federal share.--In the
case of an approved program entity that serves
a small, poor rural area (as determined by the
Secretary), the Secretary may--
``(I) reduce the non-Federal share
to not less than 20 percent; and
``(II) allow the non-Federal share
to be provided in the form of in-kind
contributions.
``(iii) Binding commitments; plan.--For the
purpose of meeting the non-Federal share
requirement with respect to the first fiscal
year of an endowment grant award to the
approved program entity under the Program, an
approved program entity shall--
``(I) have, at a minimum, binding
commitments to provide the non-Federal
share required with respect to the
first disbursement of the endowment
grant award; and
``(II) develop a viable plan for
providing the remaining amount of the
required non-Federal share.
``(C) Limitations.--Of each disbursement, an
approved program entity shall use--
``(i) not more than 10 percent for
administrative costs of carrying out program-
related investments described in clause (iii);
``(ii) not more than 20 percent for the
purpose of maintaining a loss reserve account;
and
``(iii) the remainder for program-related
investments contained in the comprehensive
community development strategy.
``(g) Federal Agency Assistance.--Under the Program, the Secretary
shall provide and coordinate technical assistance for grant recipients
by designated field staff of agencies represented on the Federal
Interagency Working Group.
``(h) Private Technical Assistance.--
``(1) In general.--Under the Program, the Secretary may
make grants to qualified intermediaries to provide technical
assistance and capacity building to approved program entities
under the Program.
``(2) Duties.--A qualified intermediary that receives a
grant under this subsection shall--
``(A) provide assistance to approved program
entities in developing, coordinating, and overseeing
investment strategy;
``(B) provide technical assistance in all aspects
of planning, developing, and managing the Program; and
``(C) facilitate Federal and private sector
involvement in rural community development.
``(3) Eligibility.--To be considered a qualified
intermediary under this subsection, an intermediary shall--
``(A) be a private, nonprofit community development
organization;
``(B) have expertise in Federal or private rural
community development policy or programs; and
``(C) have experience in providing technical
assistance, planning, and capacity building assistance
to rural communities and nonprofit entities in eligible
rural areas.
``(4) Maximum amount of grants.--A qualified intermediary
may receive a grant under this subsection of not more than
$100,000.
``(5) Funding.--Of the amounts made available under section
385E, the Secretary may use to carry out this subsection not
more than $2,000,000 for each of not more than 5 fiscal years.
``SEC. 385D. FEDERAL INTERAGENCY WORKING GROUP ON RURAL DEVELOPMENT.
``(a) In General.--There is established an interagency working
group to be known as the `Federal Interagency Working Group on Rural
Development'.
``(b) Composition.--The Federal Interagency Working Group shall be
composed of the following agency heads or their designees:
``(1) The Secretary of Agriculture.
``(2) The Secretary of Commerce.
``(3) The Secretary of Defense.
``(4) The Secretary of Education.
``(5) The Secretary of Energy.
``(6) The Secretary of Health and Human Services.
``(7) The Secretary of Housing and Urban Development.
``(8) The Secretary of the Interior.
``(9) The Attorney General.
``(10) The Secretary of Labor.
``(11) The Secretary of Transportation.
``(12) The Secretary of the Treasury.
``(13) The Administrator of the Environmental Protection
Agency.
``(14) The Administrator of the Small Business
Administration.
``(15) The Chairman of the Federal Communications
Commission.
``(16) The Chairman of the National Endowment for the Arts.
``(c) Duties.--The Federal Interagency Working Group shall--
``(1) advise the President, the Secretary, and Congress on
matters relating to rural development policy;
``(2) oversee coordination by the field offices of agencies
represented on the Federal Interagency Working Group of
technical assistance to recipients of endowment grants under
section 385C(d); and
``(3) submit to the President and Congress reports on
matters relating to rural development policy that, in the
judgment of the Federal Interagency Working Group, require
action by the President or Congress.
``(d) Coordination.--The Secretary shall convene meetings and
coordinate the work of the Federal Interagency Working Group.
``SEC. 385E. FUNDING.
``(a) In General.--The Secretary shall use $265,000,000 of funds of
the Commodity Credit Corporation to carry out this subtitle.
``(b) Schedule for Obligations.--Of the amounts made available
under subsection (a)--
``(1) not more than $5,000,000 for fiscal year 2002 shall
be used to carry out section 385C(d);
``(2) not less than $250,000,000 for the period of fiscal
years 2003 and 2004 shall be used to carry out section 385C(f);
and
``(3) not less than $2,000,000 for each of fiscal years
2002 through 2006 shall be used to carry out section
385C(h).''.
SEC. 605. ENHANCEMENT OF ACCESS
2000
TO BROADBAND SERVICE IN RURAL AREAS.
(a) Enhancement of Access.--The Rural Electrification Act of 1936
(7 U.S.C. 901 et seq.) is amended by adding at the end the following:
``TITLE VI--RURAL BROADBAND ACCESS
``SEC. 601. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL
AREAS.
``(a) Purpose.--The purpose of this section is to provide grants,
loans, and other extensions of credit to provide funds for the costs of
the construction, improvement, and acquisition of facilities and
equipment for broadband service in eligible rural communities.
``(b) Definitions.--In this section:
``(1) Broadband service.--The term `broadband service'
means any technology identified by the Secretary as having the
capacity to transmit data to enable a subscriber to the service
to originate and receive high-quality voice, data, graphics, or
video.
``(2) Eligible rural community.--The term `eligible rural
community' means any incorporated or unincorporated place
that--
``(A) has not more than 20,000 inhabitants, based
on the most recent available population statistics of
the Bureau of the Census; and
``(B) is not located in an area designated as a
Metropolitan Area by the Office of Management and
Budget.
``(c) Grants.--The Secretary shall make grants to eligible entities
described in subsection (e)(1) to provide funds for the construction,
improvement, or acquisition of facilities and equipment (including
consumer equipment) for the provision of broadband service in eligible
rural communities.
``(d) Loans and Other Extensions of Credit.--The Secretary shall
make loans or other extensions of credit to eligible entities described
in subsection (e)(2) to provide funds for the construction,
improvement, or acquisition of facilities and equipment (including
consumer equipment) for the provision of broadband service in eligible
rural communities.
``(e) Eligible Entities.--
``(1) Grants.--To be eligible to obtain a grant under this
section, an entity must--
``(A) be a nonprofit entity;
``(B) be eligible to obtain a loan to furnish,
improve, or extend a rural telecommunications service
under this Act; and
``(C) submit to the Secretary a proposal for a
project that meets the requirements of subsection (g).
``(2) Loans and extensions of credit.--To be eligible to
obtain a loan or extension of credit under this section, an
entity must--
``(A) be eligible to obtain a loan to furnish,
improve, or extend a rural telecommunications service
under this Act; and
``(B) submit to the Secretary a proposal for a
project that meets the requirements of subsection (g).
``(f) Broadband Service.--The Secretary shall, from time to time as
advances in technology warrant, review and recommend modifications of
rate-of-data transmission criteria for purposes of the identification
of broadband service technologies under subsection (b)(1).
``(g) Technological Neutrality.--For purposes of determining
whether or not to make a grant, loan, or other extension of credit for
a project under this section, the Secretary shall not take into
consideration the type of technology proposed to be used under the
project.
``(h) Terms and Conditions for Loans and Extensions of Credit.--A
loan or other extension of credit under subsection (d) shall--
``(1) be made available in accordance with the requirements
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.);
``(2) bear interest at an annual rate of, as determined by
the Secretary--
``(A) 4 percent per annum; or
``(B) the current applicable market rate; and
``(3) have a term not to exceed the useful life of the
assets constructed, improved, or acquired with the proceeds of
the loan or extension of credit.
``(i) Use of Loan Proceeds to Refinance Loans for Deployment of
Broadband Service.--Notwithstanding any other provision of this Act,
the proceeds of any loan made by the Secretary under this Act may be
used by the recipient of such loan for the purpose of refinancing an
outstanding obligation of the recipient on another loan if the use of
such proceeds for that purpose will further the construction,
improvement, or acquisition of facilities and equipment (including
consumer equipment) for the provision of broadband service in eligible
rural communities.
``(j) Inapplicability of Administrative Provisions.--Except as
otherwise provided in this section, the provisions of titles I, II, and
III shall not apply with respect to the making of grants, loans, or
other extensions of credit under this section.
``(k) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this Act, and on October 1, 2002, and each October
1 thereafter through October 1, 2005, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture to
carry out this section $100,000,000, to remain available until
expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further appropriation.
``(3) Allocation of funds.--
``(A) In general.--From amounts made available for
each fiscal year under paragraph (1), the Secretary
shall make grants, loans, and extensions of credit to
eligible entities in States using--
``(i) reserves established for the fiscal
year under subparagraph (B); and
``(ii) any amounts that are made available
for the fiscal year under subparagraph (C).
``(B) Reserves.--
``(i) In general.--Subject to subparagraph
(C), the Secretary shall establish a reserve
for each State for each fiscal year under
paragraph (1) for making grants, loans, and
extensions of credit to eligible entities in
the State.
``(ii) Amount.--The amount of a reserve
established for a State for a fiscal year under
clause (i) shall bear the same ratio to
reserves established for all States for the
fiscal year as the number of communities with a
population of 2,500 inhabitants or less in the
State bears to the number of communities with a
population of 2,500 inhabitants or less in all
States, as determined on the basis of the last
available census.
``(C) Unobligated amounts.--Any amounts in the
reserve established for a State for a fiscal year under
subparagraph (B) that are not obligated by July 1 of
the fiscal year shall be available to the Secretary to
make grants, loans, and extensions of credit under this
section to eligible entities in any State, as
determined by the Secretary.
``(4) Applicability of other laws.--For the purposes of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.), this
subsection shall be treated as if enacted in an Act of
appropriation.
2000
``(l) Termination of authority.--
``(1) In general.--No grant, loan, or other extension of
credit may be made under this section after September 30, 2006.
``(2) Effect on validity of grant, loan, or extension of
credit.--Notwithstanding paragraph (1), any grant, loan, or
extension of credit made under this section before the date
specified in paragraph (1) shall be valid.''.
(b) Assistance for Rural Public Television Stations for High-Speed
Telecommunications Services and Educational Programming.--Section 2333
of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
950aaa-2) is amended by adding at the end the following:
``(j) High-Speed Telecommunications Services and Educational
Programming Through Public Television Stations.--
``(1) In general.--In addition to any other financial
assistance provided under this title, the Secretary may provide
financial assistance under this title to public television
stations serving rural areas in order to permit such public
television stations--
``(A) to provide high-speed telecommunications
services to schools and communities in rural areas; and
``(B) to provide educational programming to such
schools and communities.
``(2) Requirements.--The Secretary shall establish
requirements for eligibility for financial assistance under
this subsection, including requirements regarding the
telecommunications services and educational programming to be
provided using such assistance.''.
(c) Streamlining Access to Local Television.--
(1) Approval of loan guarantees.--Section 1004 of the
Launching Our Communities' Access to Local Television Act of
2000 (47 U.S.C. 1103) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``section 5'' and
inserting ``section 1005''; and
(II) by striking ``section 11'' and
inserting ``section 1011'';
(ii) in paragraph (2)--
(I) by striking subparagraph (D);
and
(II) by redesignating subparagraphs
(E) and (F) as subparagraphs (D) and
(E), respectively;
(iii) in paragraph (3)--
(I) by striking subparagraph (A);
and
(II) in subparagraph (B), by
striking ``(B)'';
(B) by striking subsection (c);
(C) by redesignating subsections (d) through (k) as
subsections (c) through (j), respectively;
(D) in subsection (c) (as redesignated by
subparagraph (C))--
(i) in paragraph (1)--
(I) by striking ``subsection (g)''
and inserting ``subsection (f)''; and
(II) by striking ``section 3'' and
inserting ``section 1003'';
(ii) in paragraph (2)--
(I) in subparagraph (D)(iii), by
inserting ``(other than the Federal
Financing Bank)'' after ``governmental
entity''; and
(II) in subparagraph (F), by
striking ``subsection (g)'' and
inserting ``subsection (f)''; and
(iii) in paragraph (3)(B)(iii), by striking
``(the'' and all that follows through ``the
applicant'';
(E) in subsection (e)(2) (as redesignated by
subparagraph (C))--
(i) by striking ``80 percent'' each place
it appears and inserting ``90 percent''; and
(ii) by striking ``subsection (d)(2)(A)''
and inserting ``subsection (c)(2)(A)''; and
(F) in subsection (g)(2)(D) (as redesignated by
subparagraph (C))--
(i) in the first sentence, by striking
``section 5'' and inserting ``section 1005'';
and
(ii) in the third sentence, by striking
``subsection (d)(2)(E) of this section'' and
inserting ``subsection (c)(2)(E)''; and
(G) in subsection (j) (as redesignated by
subparagraph (C)), by striking ``subsection (j)'' and
inserting ``subsection (i)''.
(2) Administration of loan guarantees.--Section 1005 of the
Launching Our Communities' Access to Local Television Act of
2000 (47 U.S.C. 1104) is amended--
(A) in subsection (a), by striking ``sections 3 and
4'' and inserting ``sections 1003 and 1004'';
(B) in subsection (b)--
(i) in paragraph (1)(D), by striking
``section 6(a)(2)'' and inserting ``section
1006(a)(2)'';
(ii) in paragraph (2)--
(I) by striking subparagraph (B);
and
(II) by redesignating subparagraph
(C) as subparagraph (B); and
(iii) in paragraph (3)--
(I) by striking ``superior'' and
inserting ``equal''; and
(II) by striking ``section
4(d)(3)(B)(iii)'' and inserting
``1004(d)(3)(B)(iii)'';
(C) by striking subsections (d) and (o);
(D) by redesignating subsections (e) through (n)
and (p) as subsections (d) through (m) and (n),
respectively;
(E) in subsection (d)(3) (as redesignated by
subparagraph (D)), by striking ``section 4(g)'' and
inserting ``section 1004(g)'';
(F) by striking subsection (e) (as redesignated by
subparagraph (D)) and inserting the following:
``(e) Penalty.--The Administrator may assess against and collect
from an applicant for a loan guarantee under this Act for a project
covered by section 1004(e)(1) a penalty not to exceed 3 times the
interest due on the guaranteed loan of the applicant under this Act if
the applicant has acted in a manner that willfully defrauds the Federal
Government.''; and
(G) in subsection (m) (as redesignated by
subparagraph (D))--
(i) in paragraph (1), by striking ``The
Board'' and inserting ``To the extent
appropriations are not made available to pay
administrative costs under this Act, the
Board''; and
(ii) in paragraph (3), by striking
subparagraph (C) and inserting the following:
``(C) Limitation on fees.--The aggregate amount of
fees imposed by this subsection shall not exceed the
lesser of--
``(i) the actual amount of administrative
costs under this Act; or
2000
``(ii) \1/10\ of 1 percent of the amount of
the loan guarantee.''.
(3) Definitions.--Section 1010 of the Launching Our
Communities' Access to Local Television Act of 2000 (47 U.S.C.
1108) is amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(C) in paragraph (3), by striking ``paragraphs (1)
through (3)'' and inserting ``paragraphs (1) and (2)''.
(d) Funds for Loan Guarantees for Access To Local Television in
Nonserved and Underserved Areas.--
(1) In general.--On January 1, 2002, out of the funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
$75,000,000 to pay the costs of guaranteeing loans under the
Launching Our Communities' Access to Local Television Act of
2000 (47 U.S.C. 1101 et seq.), to remain available until
expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further appropriation.
(3) Applicability of other laws.--For the purposes of the
Launching Our Communities' Access to Local Television Act of
2000 (47 U.S.C. 1101 et seq.) and the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a et seq.), this subsection shall be
treated as if enacted in an Act of appropriation.
SEC. 606. VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS.
Section 231 of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 1621 note; Public Law 106-224) is amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(2) by striking subsection (a) and inserting the following:
``(a) Definition of Value-Added Agricultural Product.--The term
`value-added agricultural product' means any agricultural commodity or
product that--
``(1) has undergone a greater level of processing; and
``(2) as a result of the greater level of processing--
``(A) the customer base for the agricultural
commodity or product has been expanded; and
``(B) a greater portion of the revenue derived from
the processing of the agricultural commodity or product
is available to the producer of the commodity or
product.
``(b) Grant Program.--
``(1) Purposes.--The purposes of this subsection are--
``(A) to increase the share of the food and
agricultural system profit received by agricultural
producers;
``(B) to increase the number and quality of rural
self-employment opportunities in agriculture and
agriculturally-related businesses and the number and
quality of jobs in agriculturally-related businesses;
``(C) to help maintain a diversity of size in farms
and ranches by stabilizing the number of small and mid-
sized farms;
``(D) to increase the diversity of food and other
agricultural products available to consumers, including
nontraditional crops and products and products grown or
raised in a manner that enhances the value of the
products to the public;
``(E) to conserve and enhance the quality of land,
water, and energy resources, wildlife habitat, and
other landscape values and amenities in rural areas.
``(2) Authorization for grants.--For each of fiscal years
2002 through 2006, the Secretary shall use $75,000,000 of the
funds of the Commodity Credit Corporation to award competitive
grants--
``(A) to an eligible independent producer (as
determined by the Secretary) of a value-added
agricultural product to assist the producer--
``(i) to develop a business plan for viable
marketing opportunities for the value-added
agricultural product; or
``(ii) to develop strategies that are
intended to create marketing opportunities for
the producer; and
``(B) to an eligible nonprofit entity (as
determined by the Secretary) to assist the entity--
``(i) to develop a business plan for viable
marketing opportunities in emerging markets for
a value-added agricultural product; or
``(ii) to develop strategies that are
intended to create marketing opportunities in
emerging markets for the value-added
agricultural product.
``(3) Amount of grant.--
``(A) In general.--The total amount provided under
this subsection to a grant recipient may not exceed
$500,000.
``(B) Limitation.--The Secretary shall, to the
extent practicable, make not less than \2/3\ of the
grants under this subsection in an amount not to exceed
$200,000.
``(4) Grantee strategies.--A grantee under paragraph (2)
shall use the grant--
``(A) to develop a business plan or perform a
feasibility study to establish a viable marketing
opportunity for a value-added agricultural product; or
``(B) to provide capital to establish alliances or
business ventures that allow the producer of the value-
added agricultural product to better compete in
domestic or international markets.
``(5) Grants for marketing or processing certified organic
agricultural products.--
``(A) In general.--Out of any amount that is made
available to the Secretary for a fiscal year under
paragraph (2), the Secretary shall use not less than 5
percent of the amount for grants to assist producers of
certified organic agricultural products in post-farm
marketing or processing of the products through a
business or cooperative ventures that--
``(i) expand the customer base of the
certified organic agricultural products; and
``(ii) increase the portion of product
revenue available to the producers.
``(B) Certified organic agricultural product.--For
the purposes of this paragraph, a certified organic
agricultural product does not have to meet the
requirements of the definition of `value-added
agricultural product' under subsection (a).
``(C) Unobligated amounts.--Any amounts made
available under subparagraph (A) that are not obligated
by July 1 of the fiscal year shall be available to the
Secretary to make grants under paragraph (2).'';
(3) in subsection (c) (as redesignated)--
(A) by striking ``subsection (a)(2)'' and inserting
``subsection (b)(2)'';
(B) by striking ``$5,000,000'' and inserting ``7.5
percent''; and
(C) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(4) in subse
2000
ction (d) (as redesignated), by striking
``subsections (a) and (b)'' and inserting ``subsections (b) and
(c)''.
Subtitle B--National Rural Development Partnership
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``National Rural Development
Partnership Act of 2001''.
SEC. 612. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by adding at the end the following:
``SEC. 377. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
``(a) Definitions.--In this section:
``(1) Agency with rural responsibilities.--The term `agency
with rural responsibilities' means any executive agency (as
defined in section 105 of title 5, United States Code) that--
``(A) implements Federal law targeted at rural
areas, including--
``(i) the Act of April 24, 1950 (commonly
known as the `Granger-Thye Act') (64 Stat. 82,
chapter 9);
``(ii) the Intergovernmental Cooperation
Act of 1968 (82 Stat. 1098);
``(iii) section 41742 of title 49, United
States Code;
``(iv) the Rural Development Act of 1972
(86 Stat. 657);
``(v) the Rural Development Policy Act of
1980 (94 Stat. 1171);
``(vi) the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.);
``(vii) amendments made to section 334 of
the Public Health Service Act (42 U.S.C. 254g)
by the Rural Health Clinics Act of 1983 (97
Stat. 1345); and
``(viii) the Rural Housing Amendments of
1983 (97 Stat. 1240) and the amendments made by
the Rural Housing Amendments of 1983 to title V
of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.); or
``(B) administers a program that has a significant
impact on rural areas, including--
``(i) the Appalachian Regional Commission;
``(ii) the Department of Agriculture;
``(iii) the Department of Commerce;
``(iv) the Department of Defense;
``(v) the Department of Education;
``(vi) the Department of Energy;
``(vii) the Department of Health and Human
Services;
``(viii) the Department of Housing and
Urban Development;
``(ix) the Department of the Interior;
``(x) the Department of Justice;
``(xi) the Department of Labor;
``(xii) the Department of Transportation;
``(xiii) the Department of the Treasury;
``(xiv) the Department of Veterans Affairs;
``(xv) the Environmental Protection Agency;
``(xvi) the Federal Emergency Management
Administration;
``(xvii) the Small Business Administration;
``(xviii) the Social Security
Administration;
``(xix) the Federal Reserve System;
``(xx) the United States Postal Service;
``(xxi) the Corporation for National
Service;
``(xxii) the National Endowment for the
Arts and the National Endowment for the
Humanities; and
``(xxiii) other agencies, commissions, and
corporations.
``(2) Coordinating committee.--The term `Coordinating
Committee' means the National Rural Development Coordinating
Committee established by subsection (c).
``(3) Partnership.--The term `Partnership' means the
National Rural Development Partnership established by
subsection (b).
``(4) Rural area.--The term `rural area' means--
``(A) all the territory of a State that is not
within the boundary of any standard metropolitan
statistical area designated by the Director of the
Office of Management and Budget; and
``(B) all territory within any standard
metropolitan statistical area described in subparagraph
(A) within a census tract having a population density
of less than 20 persons per square mile, as determined
by the Secretary according to the most recent census of
the United States as of any date.
``(5) State rural development council.--The term `State
rural development council' means a State rural development
council that meets the requirements of subsection (d).
``(b) Partnership.--
``(1) In general.--The Secretary shall continue the
National Rural Development Partnership composed of--
``(A) the Coordinating Committee; and
``(B) State rural development councils.
``(2) Purposes.--The purposes of the Partnership are--
``(A) to empower and build the capacity of States
and rural communities within States to design unique
responses to their own special rural development needs,
with local determinations of progress and selection of
projects and activities;
``(B) to encourage participants to be flexible and
innovative in establishing new partnerships and trying
fresh, new approaches to rural development issues, with
responses to rural development that use different
approaches to fit different situations; and
``(C) to encourage all partners in the Partnership
(Federal, State, local, and tribal governments, the
private sector, and nonprofit organizations) to be
fully engaged and share equally in decisions.
``(3) Governing panel.--
``(A) In general.--A panel consisting of
representatives of the Coordinating Committee and State
rural development councils shall be established to lead
and coordinate the strategic operation, policies, and
practices of the Partnership.
``(B) Annual reports.--In conjunction with the
Coordinating Committee and State rural development
councils, the panel shall prepare and submit to
Congress an annual report on the activities of the
Partnership.
``(4) Role of federal government.--The role of the Federal
Government in the Partnership shall be that of a partner and
facilitator, with Federal agencies authorized--
``(A) to cooperate with States to implement the
Partnership;
``(B) to provide States with the technical and
administrative support necessary to plan and implement
tailored rural development strategies to meet local
needs;
``(C) to ensure that the head of each agency
referred to in subsection (a)(1)(B) designates a
senior-level agency official to represent the agency on
the Coord
2000
inating Committee and directs appropriate
field staff to participate fully with the State rural
development council within the jurisdiction of the
field staff; and
``(D) to enter into cooperative agreements with,
and to provide grants and other assistance to State
rural development councils.
``(5) Role of private and nonprofit sector organizations.--
Private and nonprofit sector organizations are encouraged--
``(A) to act as full partners in the Partnership
and State rural development councils; and
``(B) to cooperate with participating government
organizations in developing innovative approaches to
the solution of rural development problems.
``(c) National Rural Development Coordinating Committee.--
``(1) Establishment.--The Secretary shall establish a
National Rural Development Coordinating Committee.
``(2) Composition.--The Coordinating Committee shall be
composed of--
``(A) 1 representative of each agency with rural
responsibilities that elects to participate in the
Coordinating Committee; and
``(B) representatives, approved by the Secretary,
of--
``(i) national associations of State,
regional, local, and tribal governments and
intergovernmental and multijurisdictional
agencies and organizations;
``(ii) national public interest groups;
``(iii) other national nonprofit
organizations that elect to participate in the
activities of the Coordinating Committee; and
``(iv) the private sector.
``(3) Duties.--The Coordinating Committee shall--
``(A) provide support for the work of the State
rural development councils;
``(B) facilitate coordination among Federal
programs and activities, and with State, local, tribal,
and private programs and activities, affecting rural
development;
``(C) enhance the effectiveness, responsiveness,
and delivery of Federal programs in rural areas;
``(D) gather and provide to Federal authorities
information and input for the development and
implementation of Federal programs impacting rural
economic and community development;
``(E) notwithstanding any other provision of law,
review and comment on policies, regulations, and
proposed legislation that affect or would affect rural
areas;
``(F) provide technical assistance to State rural
development councils for the implementation of Federal
programs;
``(G) notwithstanding any other provision of law,
develop and facilitate strategies to reduce or
eliminate administrative and regulatory impediments;
and
``(H) require each State receiving funds under this
section to submit an annual report on the use of the
funds by the State, including a description of
strategic plans, goals, performance measures, and
outcomes for the State rural development council of the
State.
``(4) Election not to participate.--An agency with rural
responsibilities that elects not to participate in the
Partnership and the Coordinating Committee shall submit to
Congress a report that describes--
``(A) how the programmatic responsibilities of the
Federal agency that target or have an impact on rural
areas are better achieved without participation by the
agency in the Partnership; and
``(B) a more effective means of partnership-
building and collaboration to achieve the programmatic
responsibilities of the agency.
``(d) State Rural Development Councils.--
``(1) Establishment.--Notwithstanding chapter 63 of title
31, United States Code, each State may elect to participate in
the Partnership by entering into an agreement with the
Secretary to establish a State rural development council.
``(2) State diversity.--Each State rural development
council shall--
``(A) have a nonpartisan membership that is broad
and representative of the economic, social, and
political diversity of the State; and
``(B) carry out programs and activities in a manner
that reflects the diversity of the State.
``(3) Duties.--A State rural development council shall--
``(A) facilitate collaboration among Federal,
State, local, and tribal governments and the private
and nonprofit sectors in the planning and
implementation of programs and policies that target or
have an impact on rural areas of the State;
``(B) enhance the effectiveness, responsiveness,
and delivery of Federal and State programs in rural
areas of the State;
``(C) gather and provide to the Coordinating
Committee and other appropriate organizations
information on the condition of rural areas in the
State;
``(D) monitor and report on policies and programs
that address, or fail to address, the needs of the
rural areas of the State;
``(E) provide comments to the Coordinating
Committee and other appropriate organizations on
policies, regulations, and proposed legislation that
affect or would affect the rural areas of the State;
``(F) notwithstanding any other provision of law,
in conjunction with the Coordinating Committee,
facilitate the development of strategies to reduce or
eliminate conflicting or duplicative administrative or
regulatory requirements of Federal, State, local, and
tribal governments;
``(G) use grant or cooperative agreement funds
provided by the Partnership under an agreement entered
into under paragraph (1) to--
``(i) retain an Executive Director and such
support staff as are necessary to facilitate
and implement the directives of the State rural
development council; and
``(ii) pay expenses associated with
carrying out subparagraphs (A) through (F); and
``(H)(i) provide to the Coordinating Committee an
annual plan with goals and performance measures; and
``(ii) submit to the Coordinating Committee an
annual report on the progress of the State rural
development council in meeting the goals and measures.
``(4) Authorities.--A State rural development council may--
``(A) solicit funds to supplement and match funds
provided under paragraph (3)(G); and
``(B) engage in activities, in addition to those
specified in paragraph (3), appropriate to accomplish
the purposes for which the State rural development
2000
council is established.
``(5) Comments or recommendations.--A State rural
development council may provide comments and recommendations to
an agency with rural responsibilities related to the activities
of the State rural development council within the State.
``(6) Actions of state rural development council members.--
When carrying out a program or activity authorized by a State
rural development council or this subtitle, a member of the
council shall be regarded as a full-time employee of the
Federal Government for purposes of chapter 171 of title 28,
United States Code, and the Federal Advisory Committee Act (5
U.S.C. App.).
``(7) Federal participation in state rural development
councils.--
``(A) In general.--Subject to subparagraph (B), a
Federal employee may participate in a State rural
development council.
``(B) Conflicts.--A Federal employee who
participates in a State rural development council shall
not participate in the making of any council decision
if the agency represented by the Federal employee has
any financial or other interest in the outcome of the
decision.
``(C) Federal guidance.--The Office of Government
Ethics, in consultation with the Attorney General,
shall issue guidance to all Federal employees that
participate in State rural development councils that
describes specific decisions that--
``(i) would constitute a conflict of
interest for the Federal employee; and
``(ii) from which the Federal employee must
recuse himself or herself.
``(e) Administrative Support of the Partnership.--
``(1) Detail of employees.--
``(A) In general.--In order to provide experience
in intergovernmental collaboration, the head of an
agency with rural responsibilities that elects to
participate in the Partnership may, and is encouraged
to, detail an employee of the agency with rural
responsibilities to the Partnership without
reimbursement for a period of up to 12 months.
``(B) Civil service status.--The detail shall be
without interruption or loss of civil service status or
privilege.
``(2) Additional support.--The Secretary shall provide for
any additional support staff to the Partnership as the
Secretary determines to be necessary to carry out the duties of
the Partnership.
``(f) Funding.--
``(1) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated such sums as are necessary to carry out
this section.
``(B) Amount of financial assistance.--In providing
financial assistance to State rural development
councils, the Secretary and heads of other Federal
agencies shall provide assistance that, to the maximum
extent practicable, is--
``(i) uniform in amount; and
``(ii) targeted to newly created State
rural development councils.
``(C) Federal share.--The Secretary shall develop a
plan to decrease, over time, the Federal share of the
cost of the core operations of State rural development
councils.
``(2) Federal agencies.--
``(A) In general.--Notwithstanding any other
provision of law limiting the ability of an agency to
provide funds to the Partnership with other agencies,
in order to carry out the purposes described in
subsection (b)(3), the Partnership shall be eligible to
receive grants, gifts, contributions, or technical
assistance from, or enter into contracts with, any
Federal agency.
``(B) Assistance.--Federal agencies are encouraged
to use funds made available for programs that target or
have an impact on rural areas to provide assistance to,
and enter into contracts with, the Partnership, as
described in subparagraph (A).
``(3) Contributions.--The Partnership may accept private
contributions.
``(g) Matching Requirements for State Rural Development Councils.--
A State rural development council shall provide matching funds, or in-
kind goods or services, to support the activities of the State rural
development council in an amount determined by the Secretary that is
not less than 33 percent of the amount of Federal funds received under
an agreement under subsection (d)(1).
``(h) Termination.--The authority provided under this section shall
terminate on the date that is 5 years after the date of enactment of
this section.''.
Subtitle C--Consolidated Farm and Rural Development Act
SEC. 621. WATER OR WASTE DISPOSAL GRANTS.
Section 306(a)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(2)) is amended in the first sentence by striking
``$590,000,000'' and inserting ``$1,500,000,000''.
SEC. 622. RURAL BUSINESS OPPORTUNITY GRANTS.
Section 306(a)(11)(D) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(11)(D)) is amended by striking
``2002'' and inserting ``2006''.
SEC. 623. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)) is amended by added at the end the following:
``(22) Rural water and wastewater circuit rider program.--
``(A) In general.--The Secretary shall establish a
national rural water and wastewater circuit rider
program that is based on the rural water circuit rider
program of the National Rural Water Association that
(as of the date of enactment of this paragraph)
receives funding from the Secretary, acting through the
Rural Utilities Service.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $15,000,000 for each of fiscal years 2003
through 2006.''.
SEC. 624. MULTIJURISDICTIONAL REGIONAL PLANNING ORGANIZATIONS.
Section 306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)) (as amended by section 623) is amended by added at
the end the following:
``(23) Multijurisdictional regional planning
organizations.--
``(A) Definition of rural area.--In this paragraph,
the term `rural area' has the meaning given the term in
section 377.
``(B) Grants.--The Secretary shall provide grants
to multijurisdictional regional planning and
development organizations to pay the Federal share of
the cost of providing assistance to local governments
to improve the infrastructure, services, and business
development capabilities of local governments and local
economic development organizations.
``(C) Priority.--In determining which organizations
will receive a grant under this paragraph, the
Secretary shall provide a priority to an organization
that--
``(i) serves a rural area that, during the
2000
most recent 5-year period--
``(I) had a net out-migration of
inhabitants, or other population loss,
from the rural area that equals or
exceeds 5 percent of the population of
the rural area; or
``(II) had a median household
income that is less than the
nonmetropolitan median household income
of the United States; and
``(ii) has a history of providing
substantive assistance to local governments and
economic development organizations.
``(D) Federal share.--The Federal share of a grant
provided under this paragraph shall be not more than 75
percent of the cost of providing assistance described
in subparagraph (B).
``(E) Maximum amount of grants.--The amount of a
grant provided to an organization under this paragraph
shall not exceed $100,000.
``(F) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $30,000,000 for each of fiscal years 2003
through 2006.''.
SEC. 625. CERTIFIED NONPROFIT ORGANIZATIONS SHARING EXPERTISE.
Section 306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)) (as amended by section 624) is amended by added at
the end the following:
``(24) Certified nonprofit organizations sharing
expertise.--
``(A) Certified organizations.--
``(i) In general.--To be certified by the
Secretary to provide technical assistance in 1
or more rural development fields, an
organization shall--
``(I) be a nonprofit organization
(which may include an institution of
higher education) with experience in
providing technical assistance in the
applicable rural development field;
``(II) develop a plan, approved by
the Secretary, describing the manner in
which grant funds will be used and the
source of non-Federal funds; and
``(III) meet such other criteria as
the Secretary may establish, based on
the needs of eligible entities for the
technical assistance.
``(iii) List.--The Secretary shall make
available to the public a list of certified
organizations in each area that the Secretary
determines have substantial experience in
providing the assistance described in
subparagraph (B).
``(B) Grants.--The Secretary may provide grants to
certified organizations to pay for costs of providing
technical assistance to local governments and nonprofit
entities to improve the infrastructure, services, and
business development capabilities of local governments
and local economic development organizations.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $20,000,000 for each of fiscal years 2003
through 2006.''.
SEC. 626. LOAN GUARANTEES FOR CERTAIN RURAL DEVELOPMENT LOANS.
(a) Loan Guarantees for Water, Wastewater, and Essential Community
Facilities Loans.--Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1925(a)) (as amended by section 625) is
amended by adding at the end the following:
``(25) Loan guarantees for water, wastewater, and essential
community facilities loans.--
``(A) In general.--The Secretary may guarantee any
community facilities and water and waste facilities
loans under paragraph (1) to finance bonds for water
and waste facilities.
``(B) Requirements.--To be eligible for a loan
guarantee under subparagraph (A), an individual or
entity offering to purchase the loan must demonstrate
to the Secretary that the person has--
``(i) the capabilities and resources
necessary to service the loan in a manner that
ensures the continued performance of the loan,
as determined by the Secretary; and
``(ii) the ability to generate capital to
provide borrowers of the loan with the
additional credit necessary to properly service
the loan.''.
(b) Loan Guarantees for Certain Loans.--Section 310B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932) is amended
by adding at the end the following:
``(h) Loan Guarantee for Certain Loans.--The Secretary may
guarantee loans made in subsection (a) to finance the issuance of bonds
for the projects described in section 306(a)(25).''.
SEC. 627. RURAL FIREFIGHTERS AND EMERGENCY PERSONNEL GRANT PROGRAM.
Section 306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)) (as amended by section 626(a)) is amended by adding
at the end the following:
``(26) Rural firefighters and emergency medical personnel
grant program.--
``(A) In general.--The Secretary may make grants to
units of general local government and Indian tribes (as
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)) to pay
the cost of training firefighters and emergency medical
personnel in firefighting, emergency medical practices,
and responding to hazardous materials and bioagents in
rural areas.
``(B) Use of funds.--
``(i) Scholarships.--
``(I) In general.--Not less than 60
percent of the amounts made available
for competitively awarded grants under
this paragraph shall be made available
for partial scholarships for training
at training centers approved by the
Secretary.
``(II) Priority.--In awarding
grants under this clause, the Secretary
shall give priority to grant applicants
with relatively low transportation
costs considering the location of the
recipient.
``(ii) Grants for training centers.--
``(I) Existing centers.--
``(aa) In general.--A grant
under subparagraph (A) may be
used to provide financial
assistance to State and
regional centers that provide
2000
training for firefighters and
emergency medical personnel for
improvements to the training
facility, equipment, and
personnel.
``(bb) Limitation.--Not
more than $2,000,000 shall be
provided to any single training
center for any fiscal year
under this subclause.
``(II) Establishment of new
centers.--
``(aa) In general.--A grant
under subparagraph (A) may be
used to provide the Federal
share of the costs of
establishing a regional
training center for
firefighters and emergency
medical personnel.
``(bb) Federal share.--The
amount of a grant under this
subclause for a training center
shall not exceed 50 percent of
the cost of establishing the
training center.
``(C) Funding.--
``(i) In general.--Out of any funds in the
Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary of Agriculture to carry out this
paragraph--
``(I) not later than 30 days after
the date of enactment of this Act,
$10,000,000; and
``(II) on October 1, 2002, and each
October 1 thereafter through October 1,
2005, $30,000,000.
``(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive the
funds and shall accept the funds transferred
under clause (i), without further
appropriation.
``(iii) Availability of funds.--Funds
transferred under clause (i) shall remain
available until expended.''.
SEC. 628. EMERGENCY COMMUNITY WATER ASSISTANCE GRANT PROGRAM.
Section 306A(i) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926a(i)) is amended by striking ``2002'' and inserting
``2006''.
SEC. 629. WATER AND WASTE FACILITY GRANTS FOR NATIVE AMERICAN TRIBES.
Section 306C of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926c(e)) is amended by striking subsection (e) and inserting
the following:
``(e) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated--
``(A) for grants under this section, $30,000,000
for each fiscal year;
``(B) for loans under this section, $30,000,000 for
each fiscal year; and
``(C) for grants under this section to benefit
Indian tribes (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b)), $20,000,000 for each fiscal year.
``(2) Exception.--An entity eligible to receive funding
through a grant made under section 306D shall not be eligible
for a grant from funds made available under subparagraph
(1)(C).''.
SEC. 630. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN ALASKA.
Section 306D(d)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926d(d)(1)) is amended by striking ``and 2002'' and
inserting ``through 2006''.
SEC. 631. BUSINESS AND INDUSTRY DIRECT AND GUARANTEED LOANS.
(a) In General.--Section 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932) is amended--
(1) by striking ``Sec. 310B. (a) The'' and inserting the
following:
``SEC. 310B. RURAL INDUSTRIALIZATION ASSISTANCE.
``(a) Loans for Private Business Enterprises.--
``(1) In general.--The''; and
(2) in subsection (a)--
(A) in the first sentence--
(i) by striking ``of (1) improving'' and
inserting ``of--
``(A) improving'';
(ii) by striking ``control, (2) the
conservation, development, and use of'' and
inserting ``control;
``(B) conserving, developing, and using'';
(iii) by striking ``areas, (3) reducing''
and inserting ``areas;
``(C) reducing'';
(iv) by striking ``areas, and (4) to
facilitate'' and inserting ``areas; and
``(D) facilitating'';
(v) by striking ``For the purposes of this
subsection, the'' and inserting the following:
``(5) Definitions.--In this subsection:
``(B) Solar energy.--The'';
(vi) by striking ``Such loans'' and
inserting the following:
``(2) Loan guarantees.--Loans described in paragraph (1)'';
(vii) by moving paragraph (2) (as amended
by clause (vi)) to appear after paragraph (1)
(as amended by paragraph (1));
(viii) by striking ``As used in this
subsection, the'' and inserting the following:
``(A) Acquaculture.--The'';
(ix) by moving subparagraph (A) (as amended
by clause (viii)) to appear before subparagraph
(B) of paragraph (5) (as amended by clause
(v));
(x) by striking ``No loan'' and inserting
the following:
``(3) Loan limitation.--No loan'';
(xi) by moving paragraph (3) (as amended by
clause (x)) to appear after paragraph (2) (as
amended by clause (vi)); and
(xii) by inserting after paragraph (3) (as
amended by clauses (x) and (xi)) the following:
``(4) Business and industry direct and guaranteed loans.--
``(A) Rural communities.--The Secretary may
guarantee a loan under paragraph (1)A) in any city,
town, or unincorporated area that has a population of
50,000 inhabitants or less, other than an urbanized
area immediately adjacent to a city, town, or
unincorporated area that has a population in excess of
50,000 inhabitants.
``(B) Cooperative stock share program.--
``(i) In general.--The Secretary may
guarantee a loan under paragraph (1)(A) to
farmers, ranchers, or cooperatives for the
purpose of providing startup capital stock for
the expansion or creation of a cooperative
2000
venture that will process agricultural
commodities or otherwise process value-added
agricultural product.
``(ii) Financial condition.--In determining
the appropriateness of a loan guarantee under
this subparagraph, the Secretary--
``(I) shall fully review the
feasibility and other relevant aspects
of the cooperative venture to be
established;
``(II) may not require a review of
the financial condition or statements
of any individual farmer or rancher
involved in the loan guarantee; and
``(III) shall base any guarantee,
to the maximum extent practicable, on
the merits of the cooperative venture
to be established.
``(iii) Collateral.--As a condition of
making a loan guarantee under this
subparagraph, the Secretary may not require
additional collateral by a farmer or rancher,
other than stock purchased or issued pursuant
to the loan and guarantee of the loan.
``(C) Loans for cooperatives.--
``(i) Metropolitan areas.--The Secretary
may make a loan under paragraph (1)(A) to a
cooperative that is headquartered in a
metropolitan area if the loan is used to
provide assistance described in paragraph
(1)(A) in a rural area.
``(ii) Farmers and ranchers.--The Secretary
may make a loan under paragraph (1)(A) to a
farmer or rancher to join a cooperative in
order to sell the agricultural commodities or
products produced by the farmer or rancher.
``(D) Appraisals.--The Secretary may require that
any appraisal made in connection with a loan under
paragraph (1)(A) be conducted by a specialized
appraiser that uses standards that are similar to
standards used for similar purposes in the private
sector, as determined by the Secretary.
``(E) Fees.--The Secretary may assess an annual fee
for any loan made under paragraph (1)(A) in an amount
that does not exceed 2 percent of the balance due on
the loan.''.
(b) Conforming Amendments.--
(1) Section 307(a)(6)(B)(ii) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1927(a)(6)(B)(ii)) is amended
by striking ``clause (1) of section 310B(a)'' and inserting
``section 310B(a)(1)(A)''.
(2) Section 381E(d)(3)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009d(d)(3)(B)) is amended by
striking ``section 310B(a)(1)'' and inserting ``section
310B(a)(1)(A)''.
SEC. 632. RURAL COOPERATIVE DEVELOPMENT GRANTS.
Section 310B(e)(9) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(e)(9)) is amended by striking ``2002'' and inserting
``2006''.
SEC. 633. VALUE-ADDED INTERMEDIARY RELENDING PROGRAM.
Section 310B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932) is amended by adding at the end the following:
``(h) Value-Added Intermediary Relending Program.--
``(1) In general.--In accordance with this subsection, the
Secretary shall make loans under the intermediary relending
program established under section 1323(b)(2)(C) of the Food
Security Act of 1985 (7 U.S.C. 1932 note; Public Law 99-198).
``(2) Loans.--Using funds made available to carry out this
subsection, the Secretary shall make loans to eligible
intermediaries to make loans to ultimate recipients, under the
terms and conditions of the intermediary relending program, for
projects to establish, enlarge, and operate enterprises that
add value to agricultural commodities and products of
agricultural commodities.
``(3) Eligible intermediaries.--Intermediaries that shall
be eligible to receive loans under paragraph (2) shall include
State agencies.
``(4) Preference for bioenergy projects.--In making loans
using loan funds made available under paragraph (2), an
eligible intermediary shall give preference to bioenergy
projects in accordance with regulations promulgated by the
Secretary.
``(5) Composition of capital.--The capital for a project
carried out by an ultimate recipient and assisted with loan
funds made available under paragraph (2) shall be comprised
of--
``(A) not more than 15 percent of the total cost of
a project; and
``(B) not less than 50 percent of the equity funds
provided by agricultural producers.
``(6) Loan conditions.--
``(A) Terms of loans.--A loan made to an
intermediary using loan funds made available under
paragraph (2) shall have a term of not exceed 30 years.
``(B) Interest.--The interest rate on such a loan
shall be--
``(i) in the case of each of the first 2
years of the loan period, 0 percent; and
``(ii) in the case of each of the remaining
years of the loan period, 2 percent.
``(7) Limitations on amount of loan funds provided.--
``(A) In general.--Except as provided in
subparagraph (B), an intermediary or ultimate recipient
shall be eligible to receive not more than $2,000,000
of the loan funds made available under paragraph (2).
``(B) State agencies.--Subparagraph (A) shall not
apply in the case of a State agency with respect to
loan funds provided to the State agency as an
intermediary.''.
SEC. 634. USE OF RURAL DEVELOPMENT LOANS AND GRANTS FOR OTHER PURPOSES.
Subtitle A of the Consolidated Farm and Rural Development Act (7
U.S.C. 1921 et seq.) (as amended by section 508) is amended by adding
at the end the following:
``SEC. 310G. USE OF RURAL DEVELOPMENT LOANS AND GRANTS FOR OTHER
PURPOSES.
``If, after making a loan or a grant described in section
381E(d)(1), the Secretary determines that the circumstances under which
the loan or grant was made have sufficiently changed to make the
project or activity for which the loan or grant was made available no
longer appropriate, the Secretary may allow the loan borrower or grant
recipient to use property (real and personal) purchased with the loan
or grant funds, or proceeds from the sale of property (real and
personal) purchased with such funds, for another project or activity
that (as determined by the Secretary)--
``(1) will be carried out in the same area as the original
project or activity;
``(2) meets the criteria for a loan or a grant described in
section 381E(d)(1); and
``(3) satisfies such additional requirements as are
established by the Secretary.''.
SEC. 635. SIMPLIFIED APPLICATION FORMS FOR LOAN GUARANTEES.
Section 333A(g) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1983a(g)) (as amended by section 526) is amended by striki
2000
ng
``(g)(1)'' and all that follows through the end of paragraph (1) and
inserting the following:
``(g) Simplified Application Forms for Loan Guarantees.--
``(1) In general.--The Secretary shall provide to lenders a
short, simplified application form for guarantees under this
title of--
``(A) farmer program loans the principal amount of
which is $100,000 or less;
``(B) water or waste disposal grants or direct or
guaranteed loans under paragraph (1) or (2) of section
306(a) the amount or principal loan amount,
respectively, of which is $300,000 or less; and
``(C) business and industry guaranteed loans under
section 310B(a)(1)(A) the principal amount of which
is--
``(i) in the case of a loan guarantee made
during fiscal year 2002 or 2003, $400,000 or
less; and
``(ii) in the case of a loan guarantee made
during any subsequent fiscal year--
``(I) $400,000 or less; or
``(II) if the Secretary determines
that there is not a significant
increased risk of a default on the
loan, $600,000 or less.''.
SEC. 636. RURAL ENTREPRENEURS AND MICROENTERPRISE ASSISTANCE PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development Act (as
amended by section 612) is amended by adding at the end the following:
``SEC. 378. RURAL ENTREPRENEURS AND MICROENTERPRISE ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Economically disadvantaged microentrepreneur.--The
term `economically disadvantaged microentrepreneur' means an
owner, majority owner, or developer of a microenterprise that
has the ability to compete in the private sector but has been
impaired due to diminished capital and credit opportunities, as
compared to other microentrepreneurs in the industry.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(3) Intermediary.--The term `intermediary' means a
private, nonprofit entity that provides assistance--
``(A) to a microenterprise development
organization; or
``(B) for a microenterprise development program.
``(4) Low-income individual.--The term `low-income
individual' means an individual with an income (adjusted for
family size) of not more than the greater of--
``(A) 80 percent of median income of the area; or
``(B) 80 percent of the statewide nonmetropolitan
area median income.
``(5) Microcredit.--The term `microcredit' means a business
loan or loan guarantee of not more than $35,000 provided to a
rural entrepreneur.
``(6) Microenterpise.--The term `microenterprise' means a
sole proprietorship, joint enterprise, limited liability
company, partnership, corporation, or cooperative that--
``(A) has 5 or fewer employees; and
``(B) is unable to obtain sufficient credit,
equity, or banking services, as determined by the
Secretary.
``(7) Microenterprise development organization.--
``(A) In general.--The term `microenterprise
development organization' means a nonprofit entity that
provides training and technical assistance to rural
entrepreneurs and access to capital or another service
described in subsection (c) to rural entrepreneurs.
``(B) Inclusions.--The term `microenterprise
development organization' includes an organization
described in subparagraph (A) with a demonstrated
record of delivering services to economically
disadvantaged microentrepreneurs.
``(8) Microenterprise development program.--The term
`microenterprise development organization' means a program
administered by a organization serving a rural area.
``(9) Microentrepreneur.--The term `microentrepreneur'
means the owner, operator, or developer of a microenterprise.
``(10) Program.--The term `program' means the rural
entrepreneur and microenterprise program established under
subsection (b)(1).
``(11) Qualified organization.--The term `qualified
organization' means--
``(A) a microenterprise development organization or
microenterprise development program that has a
demonstrated record of delivering microenterprise
services to rural entrepreneurs, as demonstrated by the
development of an effective plan of action and the
possession of necessary resources to deliver
microenterprise services to rural entrepreneurs
effectively, as determined by the Secretary;
``(B) an intermediary that has a demonstrated
record of delivery assistance to microenterprise
development organizations or microenterprise
development programs;
``(C) a microenterprise development organization or
microenterprise development program that--
``(i) serves rural entrepreneurs; and
``(ii) enters into an agreement with a
local community, in conjunction with a State or
local government or Indian tribe, to provide
assistance described in subsection (c);
``(D) an Indian tribe, the tribal government of
which certifies to the Secretary that no
microenterprise development organization or
microenterprise development program exists under the
jurisdiction of the Indian tribe; or
``(E) a group of 2 or more organizations or Indian
tribes described in subparagraph (A), (B), (C), or (D)
that agree to act jointly as a qualified organization
under this section.
``(12) Rural area.--The term `rural area' has the meaning
given the term in section 383C.
``(13) Rural capacity building service.--The term `rural
capacity building service' means a service provided to an
organization that--
``(A) is, or is in the process of becoming, a
microenterprise development organization or
microenterprise development program; and
``(B) serves rural areas for the purpose of
enhancing the ability of the organization to provide
training, technical assistance, and other related
services to rural entrepreneurs.
``(14) Rural entrepreneur.--The term `rural entrepreneur'
means a microentrepreneur, or prospective microentrepreneur--
``(A) the principal place of business of which is
in a rural area; and
``(B) that is unable to obtain sufficient training,
technical assistance, or microcredit elsewhere, as
determined by the Secretary.
``(15) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Rural Business-Cooperative
Service.
``(16) Training and technical assistance.--
`
2000
`(A) In general.--The term `training and technical
assistance' means assistance provided to rural
entrepreneurs to develop the skills the rural
entrepreneurs need to plan, market, and manage their
own business.
``(B) Inclusions.--The term `training and technical
assistance' includes assistance provided for the
purpose of--
``(i) enhancing business planning,
marketing, management, or financial management
skills; and
``(ii) obtaining microcredit.
``(17) Tribal government.--The term `tribal government'
means the governing body of an Indian tribe.
``(b) Establishment.--
``(1) In general.--In each of fiscal years 2002 through
2006, the Secretary shall use $10,000,000 of the funds of the
Commodity Credit Corporation to establish a rural entrepreneur
and microenterprise program.
``(2) Purpose.--The purpose of the program shall be to
provide low and moderate income individuals with--
``(A) the skills necessary to establish new small
businesses in rural areas; and
``(B) continuing technical assistance as the
individuals begin operating the small businesses.
``(c) Assistance.--
``(1) In general.--The Secretary may make a grant under
this section to a qualified organization to--
``(A) provide training, technical assistance, or
microcredit to a rural entrepreneur;
``(B) provide training, operational support, or a
rural capacity building service to a qualified
organization to assist the qualified organization in
developing microenterprise training, technical
assistance, and other related services;
``(C) assist in researching and developing the best
practices in delivering training, technical assistance,
and microcredit to rural entrepreneurs; and
``(D) to carry out such other projects and
activities as the Secretary determines are consistent
with the purposes of this section.
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and
(C), of the amount of funds made available for a fiscal
year to make grants under this section, the Secretary
shall ensure that--
``(i) not less than 75 percent of funds are
used to carry out activities described in
paragraph (1)(A); and
``(ii) not more than 25 percent of the
funds are used to carry out activities
described in subparagraphs (B) through (D) of
paragraph (1).
``(B) Limitation on grant amount.--No single
qualified organization may receive more than 10 percent
of the total funds that are made available for a fiscal
year to carry out this section.
``(C) Administrative expenses.--Not more than 15
percent of assistance received by a qualified
organization for a fiscal year under this section may
be used for administrative expenses.
``(d) Subgrants.--Subject to such regulations as the Secretary may
promulgate, a qualified organization that receives a grant under this
section may use the grant to provide assistance to other qualified
organizations, such as small or emerging qualified organizations.
``(e) Low-Income Individuals.--The Secretary shall ensure that not
less than 50 percent of the grants made under this section is used to
benefit low-income individuals identified by the Secretary, including
individuals residing on Indian reservations.
``(f) Diversity.--In making grants under this section, the
Secretary shall ensure, to the maximum extent practicable, that grant
recipients include qualified organizations--
``(1) of varying sizes; and
``(2) that serve racially and ethnically diverse
populations.
``(g) Cost Sharing.--
``(1) Federal share.--The Federal share of the cost of a
project carried out using funds from a grant under this section
shall be 75 percent.
``(2) Form of non-federal share.--The non-Federal share of
the cost of a project described in paragraph (1) may be
provided--
``(A) in cash (including through fees, grants
(including community development block grants), and
gifts); or
``(B) in kind.''.
SEC. 637. RURAL SENIORS.
(a) Interagency Coordinating Committee for Rural Seniors.--Subtitle
D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et
seq.) (as amended by section 636) is amended by adding at the end the
following:
``SEC. 379. INTERAGENCY COORDINATING COMMITTEE FOR RURAL SENIORS.
``(a) In General.--The Secretary shall establish an interagency
coordinating committee (referred to in this section as the `Committee')
to examine the special problems of rural seniors.
``(b) Membership.--The Committee shall be comprised of--
``(1) the Undersecretary of Agriculture for Rural
Development, who shall serve as chairperson of the Committee;
``(2) 2 representatives of the Secretary of Health and
Human Services, of whom--
``(A) 1 shall have expertise in the field of health
care; and
``(B) 1 shall have expertise in the field of
programs under the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.);
``(3) 1 representative of the Secretary of Housing and
Urban Development;
``(4) 1 representative of the Secretary of Transportation;
and
``(5) representatives of such other Federal agencies as the
Secretary may designate.
``(c) Duties.--The Committee shall--
``(1) study health care, transportation, technology,
housing, accessibility, and other areas of need of rural
seniors;
``(2) identify successful examples of senior care programs
in rural communities that could serve as models for other rural
communities; and
``(3) not later than 1 year after the date of enactment of
this section, submit to the Secretary, the Committee on
Agriculture of the House of Representatives, and the Committee
on Agriculture, Nutrition, and Forestry of the Senate
recommendations for administrative and legislative action.
``(d) Funding.--Funds available to any Federal agency may be used
to carry out interagency activities under this section.''.
(b) Grants for Programs for Rural Seniors.--Subtitle D of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.) (as
amended by subsection (a)) is amended by adding at the end the
following:
``SEC. 379A. GRANTS FOR PROGRAMS FOR RURAL SENIORS.
``(a) In General.--The Secretary shall make grants to nonprofit
organizations (including cooperatives) to pay the Federal share of the
cost of programs that--
``(1) provide facilities, equipment, and technology for
seniors in a rural area; and
``(2) may be replicated in other rural areas.
``(b) Federal Share.--The Federal share of a grant under this
section shall be 10 percent.
``(c) Leveraging.--In selecting programs to receive grants under
section, the Secretary shall give priority to proposals that leverage
resources to meet multiple rural community goals.
``(d) Authorization of Appropriations.--There
2000
is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2003 through 2006.''.
(c) Reservation of Community Facilities Program Funds for Senior
Facilities.--Section 306(a)(19) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(19)) is amended by adding at the end
the following:
``(C) Reservation of funds for senior facilities.--
``(i) In general.--For each fiscal year,
not less than 12.5 percent of the funds made
available to carry out this paragraph shall be
reserved for grants to pay the Federal share of
the cost of developing and constructing senior
facilities, or carrying out other projects that
mainly benefit seniors, in rural areas.
``(ii) Insufficient applications.--If, for
any fiscal year, the Secretary determines that
there will be an insufficient quantity of
applications for grants described in clause (i)
to use the funds reserved under clause (i), the
Secretary may use the excess reserved funds to
make grants for any other purpose authorized
under this paragraph.''.
(d) Reservation of Community Facilities Program Funds for
Children's Day Care Facilities.--Section 306(a)(19) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a)(19)) (as amended by
subsection (c)) is amended by adding at the end the following:
``(D) Reservation of funds for children's day care
facilities.--
``(i) In general.--For each fiscal year,
not less than 10 percent of the funds made
available to carry out this paragraph shall be
reserved for grants to pay the Federal share of
the cost of developing and constructing day
care facilities for children in rural areas.
``(ii) Insufficient applications.--If, for
any fiscal year, the Secretary determines that
there will be an insufficient quantity of
applications for grants described in clause (i)
to use the funds reserved under clause (i), the
Secretary may use the excess reserved funds to
make grants for any other purpose authorized
under this paragraph.''.
SEC. 638. RURAL TELEWORK.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) (as amended by section 637(b)) is amended by
adding at the end the following:
``SEC. 379B. RURAL TELEWORK.
``(a) Definitions.--In this section:
``(1) Eligible organization.--The term `eligible
organization' means a nonprofit entity, an educational
institution, an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), or any other organization that meets the
requirements of this section and such other requirements as are
established by the Secretary.
``(2) Institute.--The term `institute' means a regional
rural telework institute established using a grant under this
subsection (b).
``(3) Rural area.--The terms `rural' and `rural area' have
the meaning given the terms in section 384A.
``(4) Secretary.--The term `Secretary' means the Secretary,
acting through the Administrator of the Rural Utility Service.
``(5) Telework.--The term `telework' means the use of
telecommunications to perform work functions at a rural work
center located outside the place of business of an employer.
``(b) Rural Telework Institute.--
``(1) In general.--The Secretary shall make grants to an
eligible organization to pay the Federal share of the cost of
establishing and operating a regional rural telework institute
to carry out projects described in paragraph (4).
``(2) Eligible organizations.--The Secretary shall
establish criteria that an organization shall meet to be
eligible to receive a grant under this subsection.
``(3) Deadline for initial grants.--Not later than 1 year
after the date on which funds are first made available to carry
out this subsection, the Secretary shall make the initial
grants under this section.
``(4) Projects.--The institute shall use grant funds
obtained under this subsection to carry out a 5-year project--
``(A) to serve as a clearinghouse for telework
research and development;
``(B) to conduct outreach to rural communities and
rural workers;
``(C) to develop and share best practices in rural
telework within the region and throughout the United
States;
``(D) to develop innovative, market-driven telework
projects and joint ventures with the private sector
that employ workers in rural areas in jobs that promote
economic self-sufficiency;
``(E) to share information about the design and
implementation of telework arrangements;
``(F) to support private sector businesses that are
transitioning to telework;
``(G) to support and assist telework projects and
individuals at the State and local level; and
``(H) to perform such other functions as the
Secretary considers appropriate.
``(5) Non-federal share.--
``(A) In general.--As a condition of receiving a
grant under this subsection, an eligible organization
shall agree to obtain, after the application of the
eligible organization has been approved and notice of
award has been issued, contributions from non-Federal
sources that are equal to--
``(i) during each of the first, second, and
third years of a project, 50 percent of the
amount of the grant; and
``(ii) during each of the fourth and fifth
years of the project, 100 percent of the amount
of the grant.
``(B) Indian tribes.--Notwithstanding subparagraph
(A), an Indian tribe may use Federal funds made
available to the tribe for self-governance to pay the
non-Federal contributions required under subparagraph
(A).
``(C) Form.--The non-Federal contributions required
under subparagraph (A) may be in the form of in-kind
contributions, including office equipment, office
space, and services.
``(c) Telework Grants.--
``(1) In general.--Subject to paragraphs (2) through (5),
the Secretary shall make grants to eligible entities to pay the
Federal share of the cost of--
``(A) obtaining equipment and facilities to
establish or expand telework locations in rural areas;
and
``(B) operating telework locations in rural areas.
``(2) Eligible organizations.--To be eligible to receive a
grant under this subsection, an eligible entity shall--
``(A) be a nonprofit organization or educational
institution in a
2000
rural area; and
``(B) submit to, and receive the approval of, the
Secretary of an application for the grant that
demonstrates that the eligible entity has adequate
resources and capabilities to establish or expand a
telework location in a rural area.
``(3) Non-federal share.--
``(A) In general.--As a condition of receiving a
grant under this subsection, an eligible organization
shall agree to obtain, after the application of the
eligible organization has been approved and notice of
award has been issued, contributions from non-Federal
sources that are equal to \2/3\ of the amount of the
grant.
``(B) Indian tribes.--Notwithstanding subparagraph
(A), an Indian tribe may use Federal funds made
available to the tribe for self-governance to pay the
non-Federal contributions required under subparagraph
(A).
``(C) Sources.--The non-Federal contributions
required under subparagraph (A)--
``(i) may be in the form of in-kind
contributions, including office equipment,
office space, and services; and
``(ii) may not be made from funds made
available for community development block
grants under title I of the Housing and
Community Development Act of 1974 (42 U.S.C.
5301 et seq.).
``(4) Duration.--The Secretary may not provide a grant
under this subsection to establish, expand, or operate a
telework location in a rural area after the date that is 2
years after the establishment of the telework location.
``(5) Maximum amount of grant.--The amount of a grant
provided to an eligible entity under this subsection shall not
exceed $500,000.
``(d) Applicability of Certain Federal Law.--An entity that
receives funds under this section shall be subject to the provisions of
Federal law (including regulations), administered by the Secretary of
Labor or the Equal Employment Opportunity Commission, that govern the
responsibilities of employers to employees.
``(e) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary shall promulgate regulations
to carry out this section.
``(f) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section $30,000,000 for each fiscal
year, of which $5,000,000 shall be provided to establish an institute
under subsection (b).''.
SEC. 639. HISTORIC BARN PRESERVATION.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) (as amended by section 638) is amended by adding
at the end the following:
``SEC. 379C. HISTORIC BARN PRESERVATION.
``(a) Definitions.--In this section:
``(1) Barn.--The term `barn' means a building (other than a
dwelling) on a farm, ranch, or other agricultural operation
for--
``(A) housing animals;
``(B) storing or processing crops;
``(C) storing and maintaining agricultural
equipment; or
``(D) serving an essential or useful purpose
related to agriculture on the adjacent land.
``(2) Historic barn.--The term `historic barn' means a barn
that--
``(A) is at least 50 years old;
``(B) retains sufficient integrity of design,
materials, and construction to clearly identify the
barn as an agricultural building; and
``(C) meets the criteria for listing on National,
State, or local registers or inventories of historic
structures.
``(3) Secretary.--The term `Secretary' means the Secretary,
acting through the Undersecretary of Rural Development.
``(4) Eligible applicant.--The term `eligible applicant'
means--
``(A) a State department of agriculture (or a
designee);
``(B) a national or State nonprofit organization
that--
``(i) is exempt from tax under section
501(c)(3) of the Internal Revenue Code of 1986;
and
``(ii) has experience or expertise, as
determined by the Secretary, in the
identification, evaluation, rehabilitation,
preservation, or protection of historic barns;
and
``(C) a State historic preservation office.
``(b) Program.--The Secretary shall establish a historic barn
preservation program--
``(1) to assist States in developing a listing of historic
barns;
``(2) to collect and disseminate information on historic
barns;
``(3) to foster educational programs relating to the
history, construction techniques, rehabilitation, and
contribution to society of historic barns; and
``(4) to sponsor and conduct research on--
``(A) the history of barns; and
``(B) best practices to protect and rehabilitate
historic barns from the effects of decay, fire, arson,
and natural disasters.
``(c) Grants.--
``(1) In General.--The Secretary may make grants to, or
enter into contracts or cooperative agreements with, eligible
applicants to carry out an eligible project under paragraph
(2).
``(2) Eligible Projects.--A grant under this subsection may
be made to an eligible entity for a project--
``(A) to rehabilitate or repair a historic barn;
``(B) to preserve a historic barn through--
``(i) the installation of a fire protection
system, including fireproofing or fire
detection system and sprinklers; and
``(ii) the installation of a system to
prevent vandalism; and
``(C) to identify, document, and conduct research
on a historic barn to develop and evaluate appropriate
techniques or best practices for protecting historic
barns.
``(3) Requirements.--An eligible applicant that receives a
grant for a project under this subsection shall comply with any
standards established by the Secretary of the Interior for
historic preservation projects.
``(d) Funding.--There is authorized to be appropriated to carry out
this section, $25,000,000 for the period of fiscal years 2002 through
2006, to remain available until expended.''.
SEC. 640. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-12(a)) is
amended by striking ``2002'' and inserting ``2006''.
(b) Termination of Authority.--Section 382N of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009aa-13) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 641. SEARCH GRANTS FOR SMALL COMMUNITIES.
The Consolidated Farm and Rural Development Act (as amended by
section 604) is amended by adding at the end the following:
``Subtitle J--SEARCH Grants for Small Communities
``SEC. 386A. DEFINITIONS.
``In this subtitle:
``(1) Council.--The term `council' means an independent
citizens' council established by section 386B(d).
``(2) Environmental project.--
2000
``(A) In general.--The term `environmental project'
means a project that--
``(i) improves environmental quality; and
``(ii) is necessary to comply with an
environmental law (including a regulation).
``(B) Inclusion.--The term `environmental project'
includes an initial feasibility study of a project.
``(3) Region.--The term `region' means a geographic area of
a State, as determined by the Governor of the State.
``(4) SEARCH grant.--The term `SEARCH grant' means a grant
for special environmental assistance for the regulation of
communities and habitat awarded under section 386B(e)(3).
``(5) Small community.--The term `small community' means an
incorporated or unincorporated rural community with a
population of 2,500 inhabitants or less.
``(6) State.--The term `State' has the meaning given the
term in section 384A.
``SEC. 386B. SEARCH GRANT PROGRAM.
``(a) In General.--There is established the SEARCH Grant Program.
``(b) Application.--
``(1) In general.--Not later than October 1 of each fiscal
year, a State may submit to the Secretary an application to
receive a grant under subsection (c) for the fiscal year.
``(2) Requirements.--An application under paragraph (1)
shall contain--
``(A) a certification by the State that the State
has appointed members to the council of the State under
subsection (c)(2)(C); and
``(B) such information as the Secretary may
reasonably require.
``(c) Grants to States.--
``(1) In general.--Not later than 60 days after the date on
which the Office of Management and Budget apportions any
amounts made available under this subtitle, for each fiscal
year after the date of enactment of this subtitle, the
Secretary shall, on request by a State--
``(A) determine whether any application submitted
by the State under subsection (b) meets the
requirements of subsection (b)(2); and
``(B) subject to paragraph (2) and subsection
(d)(2)(C), if the Secretary determines that the
application meets the requirements of subsection
(b)(2), award a grant of not to exceed $1,000,000 to
the State, to be used by the council of the State to
award SEARCH grants under subsection (e).
``(2) Grants to certain states.--The aggregate amount of
grants awarded to States other than Alaska, Hawaii, or 1 of the
48 contiguous States, under this subsection shall not exceed
$1,000,000 for any fiscal year.
``(d) Independent Citizens' Council.--
``(1) Establishment.--There is established in each State an
independent citizens' council to carry out the duties described
in this section.
``(2) Composition.--
``(A) In general.--Each council shall be composed
of 9 members, appointed by the Governor of the State.
``(B) Representation; residence.--Each member of a
council shall--
``(i) represent an individual region of the
State, as determined by the Governor of the
State in which the council is established;
``(ii) reside in a small community of the
State; and
``(iii) be representative of the
populations of the State.
``(C) Appointment.--Before a State receives funds
under this subtitle, the State shall appoint members to
the council for the fiscal year, except that not more
than 1 member shall be an agent, employee, or official
of the State government.
``(D) Chairperson.--Each council shall select a
chairperson from among the members of the council,
except that a member who is an agent, employee, or
official of the State government shall not serve as
chairperson.
``(E) Federal representation.--
``(i) In general.--An officer, employee, or
agent of the Federal Government may participate
in the activities of the council--
``(I) in an advisory capacity; and
``(II) at the invitation of the
council.
``(ii) Rural development state directors.--
On the request of the council of a State, the
State Director for Rural Development of the
State shall provide advice and consultation to
the council.
``(3) SEARCH grants.--
``(A) In general.--Each council shall review
applications for, and recommend awards of, SEARCH
grants to small communities that meet the eligibility
criteria under subsection (c).
``(B) Recommendations.--In awarding a SEARCH grant,
a State--
``(i) shall follow the recommendations of
the council of the State;
``(ii) shall award the funds for any
recommended environmental project in a timely
and expeditious manner; and
``(iii) shall not award a SEARCH grant to a
grantee or project in violation of any law of
the State (including a regulation).
``(C) No matching requirement.--A small community
that receives a SEARCH grant under this section shall
not be required to provide matching funds.
``(e) SEARCH Grants for Small Communities.--
``(1) Eligibility.--A SEARCH grant shall be awarded under
this section only to a small community for 1 or more
environmental projects for which the small community--
``(A) needs funds to carry out initial feasibility
or environmental studies before applying to traditional
funding sources; or
``(B) demonstrates, to the satisfaction of the
council, that the small community has been unable to
obtain sufficient funding from traditional funding
sources.
``(2) Application.--
``(A) Date.--The council shall establish such
deadline by which small communities shall submit
applications for grants under this section as will
permit the council adequate time to review and make
recommendations relating to the applications.
``(B) Location of application.--A small community
shall submit an application described in subparagraph
(A) to the council in the State in which the small
community is located.
``(C) Content of application.--An application
described in subparagraph (A) shall include--
``(i) a description of the proposed
environmental project (including an explanation
of how the project would assist the small
community in complying with an environmental
law (including a regulation));
``(ii) an explanation of why the proje
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ct is
important to the small community;
``(iii) a description of all actions taken
with respect to the project, including a
description of any attempt to secure funding
and a description of demonstrated need for
funding for the project, as of the date of the
application; and
``(iv) a SEARCH grant application form
provided by the council, completed and with all
required supporting documentation.
``(3) Review and recommendation.--
``(A) In general.--Except as provided in
subparagraph (B), not later than March 5 of each fiscal
year, each council shall--
``(i) review all applications received
under paragraph (2); and
``(ii) recommend for award SEARCH grants to
small communities based on--
``(I) an evaluation of the
eligibility criteria under paragraph
(1); and
``(II) the content of the
application.
``(B) Extension of deadline.--The State may extend
the deadline described in subparagraph (A) by not more
than 10 days in a case in which the receipt of
recommendations from a council under subparagraph
(A)(ii) is delayed because of circumstances beyond the
control of the council, as determined by the State.
``(4) Unexpended funds.--
``(A) In general.--If, for any fiscal year, any
unexpended funds remain after SEARCH grants are awarded
under subsection (b)(3)(B), the council may repeat the
application and review process so that any remaining
funds may be recommended for award, and awarded, not
later than July 30 of the fiscal year.
``(B) Retention of funds.--
``(i) In general.--Any unexpended funds
that are not awarded under subsection (b)(3)(B)
or subparagraph (A) shall be retained by the
State for award during the following fiscal
year.
``(ii) Limitation.--A State that
accumulates a balance of unexpended funds
described in clause (i) of more than $3,000,000
shall be ineligible to apply for additional
funds for SEARCH grants until such time as the
State expends the portion of the balance that
exceeds $3,000,000.
``SEC. 386C. REPORT.
``Not later than September 1 of the first fiscal year for which a
SEARCH grant is awarded by a council, and annually thereafter, the
council shall submit to the Secretary a report that--
``(1) describes the number of SEARCH grants awarded during
the fiscal year;
``(2) identifies each small community that received a
SEARCH grant during the fiscal year;
``(3) describes the project or purpose for which each
SEARCH grant was awarded, including a statement of the benefit
to public health or the environment of the environmental
project receiving the grant funds; and
``(4) describes the status of each project or portion of a
project for which a SEARCH grant was awarded, including a
project or portion of a project for which a SEARCH grant was
awarded for any fiscal year before the fiscal year in which the
report is submitted.
``SEC. 386D. FUNDING.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out section 386B(c) $51,000,000, of which not to
exceed $1,000,000 shall be used to make grants under section
386B(c)(2).
``(b) Actual Appropriation.--If funds to carry out section 386B(c)
are made available for a fiscal year in an amount that is less than the
amount authorized under subsection (a) for the fiscal year, the
appropriated funds shall be divided equally among the 50 States.
``(c) Unused Funds.--If, for any fiscal year, a State does not
apply, or does not qualify, to receive funds under section 386B(b), the
funds that would have been made available to the State under section
386B(c) on submission by the State of a successful application under
section 386B(b) shall be redistributed for award under this subtitle
among States, the councils of which awarded 1 or more SEARCH grants
during the preceding fiscal year.
``(d) Other Expenses.--There are authorized to be appropriated such
sums as are necessary to carry out the provisions of this subtitle
(other than section 386B(c)).''.
SEC. 642. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
The Consolidated Farm and Rural Development Act (as amended by
section 641) is amended by adding at the end the following:
``Subtitle K--Northern Great Plains Regional Authority
``SEC. 387A. DEFINITIONS.
``In this subtitle:
``(1) Authority.--The term `Authority' means the Northern
Great Plains Regional Authority established by section 387B.
``(2) Region.--The term `region' means the States of Iowa,
Minnesota, Nebraska, North Dakota, and South Dakota.
``(3) Federal grant program.--The term `Federal grant
program' means a Federal grant program to provide assistance
in--
``(A) acquiring or developing land;
``(B) constructing or equipping a highway, road,
bridge, or facility; or
``(C) carrying out other economic development
activities.
``SEC. 387B. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
``(a) Establishment.--
``(1) In general.--There is established the Northern Great
Plains Regional Authority.
``(2) Composition.--The Authority shall be composed of--
``(A) a Federal member, to be appointed by the
President, with the advice and consent of the Senate;
and
``(B) the Governor (or a designee of the Governor)
of each State in the region that elects to participate
in the Authority.
``(3) Cochairpersons.--The Authority shall be headed by--
``(A) the Federal member, who shall serve--
``(i) as the Federal cochairperson; and
``(ii) as a liaison between the Federal
Government and the Authority; and
``(B) a State cochairperson, who--
``(i) shall be a Governor of a
participating State in the region; and
``(ii) shall be elected by the State
members for a term of not less than 1 year.
``(b) Alternate Members.--
``(1) State alternates.--The State member of a
participating State may have a single alternate, who shall be--
``(A) a resident of that State; and
``(B) appointed by the Governor of the State.
``(2) Alternate federal cochairperson.--The President shall
appoint an alternate Federal cochairperson.
``(3) Quorum.--A State alternate shall not be counted
toward the establishment of a quorum of the Authority in any
instance in which a quorum of the State members is required to
be present.
``(4) Delegation of power.--No power or responsibility of
the Authority specified in paragraphs
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(2) and (3) of subsection
(c), and no voting right of any Authority member, shall be
delegated to any person--
``(A) who is not an Authority member; or
``(B) who is not entitled to vote in Authority
meetings.
``(c) Voting.--
``(1) In general.--A decision by the Authority shall
require a majority vote of the Authority (not including any
member representing a State that is delinquent under subsection
(g)(2)(C)) to be effective.
``(2) Quorum.--A quorum of State members shall be required
to be present for the Authority to make any policy decision,
including--
``(A) a modification or revision of an Authority
policy decision;
``(B) approval of a State or regional development
plan; and
``(C) any allocation of funds among the States.
``(3) Project and grant proposals.--The approval of project
and grant proposals shall be--
``(A) a responsibility of the Authority; and
``(B) conducted in accordance with section 387I.
``(4) Voting by alternate members.--An alternate member
shall vote in the case of the absence, death, disability,
removal, or resignation of the Federal or State representative
for which the alternate member is an alternate.
``(d) Duties.--The Authority shall--
``(1) develop, on a continuing basis, comprehensive and
coordinated plans and programs to establish priorities and
approve grants for the economic development of the region,
giving due consideration to other Federal, State, and local
planning and development activities in the region;
``(2) not later than 220 days after the date of enactment
of this subtitle, establish priorities in a development plan
for the region (including 5-year regional outcome targets);
``(3) assess the needs and assets of the region based on
available research, demonstrations, investigations,
assessments, and evaluations of the region prepared by Federal,
State, and local agencies, universities, local development
districts, and other nonprofit groups;
``(4) formulate and recommend to the Governors and
legislatures of States that participate in the Authority forms
of interstate cooperation;
``(5) work with State and local agencies in developing
appropriate model legislation;
``(6)(A) enhance the capacity of, and provide support for,
local development districts in the region; or
``(B) if no local development district exists in an area in
a participating State in the region, foster the creation of a
local development district;
``(7) encourage private investment in industrial,
commercial, and other economic development projects in the
region; and
``(8) cooperate with and assist State governments with
economic development programs of participating States.
``(e) Administration.--In carrying out subsection (d), the
Authority may--
``(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and print
or otherwise reproduce and distribute a description of the
proceedings and reports on actions by the Authority as the
Authority considers appropriate;
``(2) authorize, through the Federal or State cochairperson
or any other member of the Authority designated by the
Authority, the administration of oaths if the Authority
determines that testimony should be taken or evidence received
under oath;
``(3) request from any Federal, State, or local department
or agency such information as may be available to or procurable
by the department or agency that may be of use to the Authority
in carrying out duties of the Authority;
``(4) adopt, amend, and repeal bylaws and rules governing
the conduct of Authority business and the performance of
Authority duties;
``(5) request the head of any Federal department or agency
to detail to the Authority such personnel as the Authority
requires to carry out duties of the Authority, each such detail
to be without loss of seniority, pay, or other employee status;
``(6) request the head of any State department or agency or
local government to detail to the Authority such personnel as
the Authority requires to carry out duties of the Authority,
each such detail to be without loss of seniority, pay, or other
employee status;
``(7) provide for coverage of Authority employees in a
suitable retirement and employee benefit system by--
``(A) making arrangements or entering into
contracts with any participating State government; or
``(B) otherwise providing retirement and other
employee benefit coverage;
``(8) accept, use, and dispose of gifts or donations of
services or real, personal, tangible, or intangible property;
``(9) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as are necessary
to carry out Authority duties, including any contracts, leases,
or cooperative agreements with--
``(A) any department, agency, or instrumentality of
the United States;
``(B) any State (including a political subdivision,
agency, or instrumentality of the State); or
``(C) any person, firm, association, or
corporation; and
``(10) establish and maintain a central office and field
offices at such locations as the Authority may select.
``(f) Federal Agency Cooperation.--A Federal agency shall--
``(1) cooperate with the Authority; and
``(2) provide, on request of the Federal cochairperson,
appropriate assistance in carrying out this subtitle, in
accordance with applicable Federal laws (including
regulations).
``(g) Administrative Expenses.--
``(1) In general.--Administrative expenses of the Authority
(except for the expenses of the Federal cochairperson,
including expenses of the alternate and staff of the Federal
cochairperson, which shall be paid solely by the Federal
Government) shall be paid--
``(A) by the Federal Government, in an amount equal
to 50 percent of the administrative expenses; and
``(B) by the States in the region participating in
the Authority, in an amount equal to 50 percent of the
administrative expenses.
``(2) State share.--
``(A) In general.--The share of administrative
expenses of the Authority to be paid by each State
shall be determined by the Authority.
``(B) No federal participation.--The Federal
cochairperson shall not participate or vote in any
decision under subparagraph (A).
``(C) Delinquent states.--If a State is delinquent
in payment of the State's share of administrative
expenses of the Authority under this subsection--
``(i) no assistance under this subtitle
shall be furnished to the State (including
assistance to a political subdivision or a
resident of the State); and
``(ii) no member of the Authority from the
State shall part
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icipate or vote in any action
by the Authority.
``(h) Compensation.--
``(1) Federal cochairperson.--The Federal cochairperson
shall be compensated by the Federal Government at level III of
the Executive Schedule in subchapter II of chapter 53 of title
5, United States Code.
``(2) Alternate federal cochairperson.--The alternate
Federal cochairperson--
``(A) shall be compensated by the Federal
Government at level V of the Executive Schedule
described in paragraph (1); and
``(B) when not actively serving as an alternate for
the Federal cochairperson, shall perform such functions
and duties as are delegated by the Federal
cochairperson.
``(3) State members and alternates.--
``(A) In general.--A State shall compensate each
member and alternate representing the State on the
Authority at the rate established by law of the State.
``(B) No additional compensation.--No State member
or alternate member shall receive any salary, or any
contribution to or supplementation of salary from any
source other than the State for services provided by
the member or alternate to the Authority.
``(4) Detailed employees.--
``(A) In general.--No person detailed to serve the
Authority under subsection (e)(6) shall receive any
salary or any contribution to or supplementation of
salary for services provided to the Authority from--
``(i) any source other than the State,
local, or intergovernmental department or
agency from which the person was detailed; or
``(ii) the Authority.
``(B) Violation.--Any person that violates this
paragraph shall be fined not more than $5,000,
imprisoned not more than 1 year, or both.
``(C) Applicable law.--The Federal cochairperson,
the alternate Federal cochairperson, and any Federal
officer or employee detailed to duty on the Authority
under subsection (e)(5) shall not be subject to
subparagraph (A), but shall remain subject to sections
202 through 209 of title 18, United States Code.
``(5) Additional personnel.--
``(A) Compensation.--
``(i) In general.--The Authority may
appoint and fix the compensation of an
executive director and such other personnel as
are necessary to enable the Authority to carry
out the duties of the Authority.
``(ii) Exception.--Compensation under
clause (i) shall not exceed the maximum rate
for the Senior Executive Service under section
5382 of title 5, United States Code, including
any applicable locality-based comparability
payment that may be authorized under section
5304(h)(2)(C) of that title.
``(B) Executive director.--The executive director
shall be responsible for--
``(i) the carrying out of the
administrative duties of the Authority;
``(ii) direction of the Authority staff;
and
``(iii) such other duties as the Authority
may assign.
``(C) No federal employee status.--No member,
alternate, officer, or employee of the Authority
(except the Federal cochairperson of the Authority, the
alternate and staff for the Federal cochairperson, and
any Federal employee detailed to the Authority under
subsection (e)(5)) shall be considered to be a Federal
employee for any purpose.
``(i) Conflicts of Interest.--
``(1) In general.--Except as provided under paragraph (2),
no State member, alternate, officer, or employee of the
Authority shall participate personally and substantially as a
member, alternate, officer, or employee of the Authority,
through decision, approval, disapproval, recommendation, the
rendering of advice, investigation, or otherwise, in any
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, or other matter in
which, to knowledge of the member, alternate, officer, or
employee--
``(A) the member, alternate, officer, or employee;
``(B) the spouse, minor child, partner, or
organization (other than a State or political
subdivision of the State) of the member, alternate,
officer, or employee, in which the member, alternate,
officer, or employee is serving as officer, director,
trustee, partner, or employee; or
``(C) any person or organization with whom the
member, alternate, officer, or employee is negotiating
or has any arrangement concerning prospective
employment;
has a financial interest.
``(2) Disclosure.--Paragraph (1) shall not apply if the
State member, alternate, officer, or employee--
``(A) immediately advises the Authority of the
nature and circumstances of the proceeding,
application, request for a ruling or other
determination, contract, claim, controversy, or other
particular matter presenting a potential conflict of
interest;
``(B) makes full disclosure of the financial
interest; and
``(C) before the proceeding concerning the matter
presenting the conflict of interest, receives a written
determination by the Authority that the interest is not
so substantial as to be likely to affect the integrity
of the services that the Authority may expect from the
State member, alternate, officer, or employee.
``(3) Violation.--Any person that violates this subsection
shall be fined not more than $10,000, imprisoned not more than
2 years, or both.
``(j) Validity of Contracts, Loans, and Grants.--The Authority may
declare void any contract, loan, or grant of or by the Authority in
relation to which the Authority determines that there has been a
violation of any provision under subsection (h)(4), subsection (i), or
sections 202 through 209 of title 18, United States Code.
``SEC. 387C. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.
``(a) In General.--The Authority may approve grants to States,
local governments, and public and nonprofit organizations for projects,
approved in accordance with section 387I--
``(1) to develop the transportation and telecommunication
infrastructure of the region for the purpose of facilitating
economic development in the region (except that grants for this
purpose may only be made to States, local governments, and
nonprofit organizations);
``(2) to assist the region in obtaining the job training,
employment-related education, and business development (with an
emphasis on entrepreneurship) that are needed to build and
maintain strong local economies;
``(3) to provide assistance to severely d
2000
istressed and
underdeveloped areas that lack financial resources for
improving basic public services;
``(4) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
equipping industrial parks and related facilities; and
``(5) to otherwise achieve the purposes of this subtitle.
``(b) Funding.--
``(1) In general.--Funds for grants under subsection (a)
may be provided--
``(A) entirely from appropriations to carry out
this section;
``(B) in combination with funds available under
another Federal or Federal grant program; or
``(C) from any other source.
``(2) Priority of funding.--To best build the foundations
for long-term economic development and to complement other
Federal and State resources in the region, Federal funds
available under this subtitle shall be focused on the
activities in the following order or priority:
``(A) Basic public infrastructure in distressed
counties and isolated areas of distress.
``(B) Transportation and telecommunication
infrastructure for the purpose of facilitating economic
development in the region.
``(C) Business development, with emphasis on
entrepreneurship.
``(D) Job training or employment-related education,
with emphasis on use of existing public educational
institutions located in the region.
``(3) Federal share in grant programs.--Notwithstanding any
provision of law limiting the Federal share in any grant
program, funds appropriated to carry out this section may be
used to increase a Federal share in a grant program, as the
Authority determines appropriate.
``SEC. 387D. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.
``(a) Finding.--Congress finds that certain States and local
communities of the region, including local development districts, may
be unable to take maximum advantage of Federal grant programs for which
the States and communities are eligible because--
``(1) they lack the economic resources to meet the required
matching share; or
``(2) there are insufficient funds available under the
applicable Federal grant law authorizing the program to meet
pressing needs of the region.
``(b) Federal Grant Program Funding.--In accordance with subsection
(c), the Federal cochairperson may use amounts made available to carry
out this subtitle, without regard to any limitations on areas eligible
for assistance or authorizations for appropriation under any other Act,
to fund all or any portion of the basic Federal contribution to a
project or activity under a Federal grant program in the region in an
amount that is above the fixed maximum portion of the cost of the
project otherwise authorized by applicable law, but not to exceed 90
percent of the costs of the project (except as provided in section
387F(b)).
``(c) Certification.--
``(1) In general.--In the case of any program or project
for which all or any portion of the basic Federal contribution
to the project under a Federal grant program is proposed to be
made under this section, no Federal contribution shall be made
until the Federal official administering the Federal law
authorizing the contribution certifies that the program or
project--
``(A) meets the applicable requirements of the
applicable Federal grant law; and
``(B) could be approved for Federal contribution
under the law if funds were available under the law for
the program or project.
``(2) Certification by authority.--
``(A) In general.--The certifications and
determinations required to be made by the Authority for
approval of projects under this subtitle in accordance
with section 387I--
``(i) shall be controlling; and
``(ii) shall be accepted by the Federal
agencies.
``(B) Acceptance by federal cochairperson.--Any
finding, report, certification, or documentation
required to be submitted to the head of the department,
agency, or instrumentality of the Federal Government
responsible for the administration of any Federal grant
program shall be accepted by the Federal cochairperson
with respect to a supplemental grant for any project
under the program.
``SEC. 387E. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND
ADMINISTRATIVE EXPENSES.
``(a) Definition of Local Development District.--In this section,
the term `local development district' means an entity that--
``(1) is--
``(A) a planning district in existence on the date
of enactment of this subtitle that is recognized by the
Economic Development Administration of the Department
of Commerce; or
``(B) where an entity described in subparagraph (A)
does not exist--
``(i) organized and operated in a manner
that ensures broad-based community
participation and an effective opportunity for
other nonprofit groups to contribute to the
development and implementation of programs in
the region;
``(ii) governed by a policy board with at
least a simple majority of members consisting
of elected officials or employees of a general
purpose unit of local government who have been
appointed to represent the government;
``(iii) certified to the Authority as
having a charter or authority that includes the
economic development of counties or parts of
counties or other political subdivisions within
the region--
``(I) by the Governor of each State
in which the entity is located; or
``(II) by the State officer
designated by the appropriate State law
to make the certification; and
``(iv)(I) a nonprofit incorporated body
organized or chartered under the law of the
State in which the entity is located;
``(II) a nonprofit agency or
instrumentality of a State or local government;
``(III) a public organization established
before the date of enactment of this subtitle
under State law for creation of multi-
jurisdictional, area-wide planning
organizations; or
``(IV) a nonprofit association or
combination of bodies, agencies, and
instrumentalities described in subclauses (I)
through (III); and
``(2) has not, as certified by the Federal cochairperson--
``(A) inappropriately used Federal grant funds from
any Federal source; or
``(B) appointed an officer who, during the period
in which another entity inappropriately us
2000
ed Federal
grant funds from any Federal source, was an officer of
the other entity.
``(b) Grants to Local Development Districts.--
``(1) In general.--The Authority may make grants for
administrative expenses under this section.
``(2) Conditions for grants.--
``(A) Maximum amount.--The amount of any grant
awarded under paragraph (1) shall not exceed 80 percent
of the administrative expenses of the local development
district receiving the grant.
``(B) Maximum period.--No grant described in
paragraph (1) shall be awarded to a State agency
certified as a local development district for a period
greater than 3 years.
``(C) Local share.--The contributions of a local
development district for administrative expenses may be
in cash or in kind, fairly evaluated, including space,
equipment, and services.
``(c) Duties of Local Development Districts.--A local development
district shall--
``(1) operate as a lead organization serving multicounty
areas in the region at the local level; and
``(2) serve as a liaison between State and local
governments, nonprofit organizations (including community-based
groups and educational institutions), the business community,
and citizens that--
``(A) are involved in multijurisdictional planning;
``(B) provide technical assistance to local
jurisdictions and potential grantees; and
``(C) provide leadership and civic development
assistance.
``SEC. 387F. DISTRESSED COUNTIES AND AREAS AND NONDISTRESSED COUNTIES.
``(a) Designations.--Not later than 90 days after the date of
enactment of this subtitle, and annually thereafter, the Authority, in
accordance with such criteria as the Authority may establish, shall
designate--
``(1) as distressed counties, counties in the region that
are the most severely and persistently distressed and
underdeveloped and have high rates of poverty, unemployment, or
outmigration;
``(2) as nondistressed counties, counties in the region
that are not designated as distressed counties under paragraph
(1); and
``(3) as isolated areas of distress, areas located in
nondistressed counties (as designated under paragraph (2)) that
have high rates of poverty, unemployment, or outmigration.
``(b) Distressed Counties.--
``(1) In general.--The Authority shall allocate at least 75
percent of the appropriations made available under section 387M
for programs and projects designed to serve the needs of
distressed counties and isolated areas of distress in the
region.
``(2) Funding limitations.--The funding limitations under
section 387D(b) shall not apply to a project providing
transportation or telecommunication or basic public services to
residents of 1 or more distressed counties or isolated areas of
distress in the region.
``(c) Nondistressed Counties.--
``(1) In general.--Except as provided in this subsection,
no funds shall be provided under this subtitle for a project
located in a county designated as a nondistressed county under
subsection (a)(2).
``(2) Exceptions.--
``(A) In general.--The funding prohibition under
paragraph (1) shall not apply to grants to fund the
administrative expenses of local development districts
under section 387E(b).
``(B) Multicounty projects.--The Authority may
waive the application of the funding prohibition under
paragraph (1) to--
``(i) a multicounty project that includes
participation by a nondistressed county; or
``(ii) any other type of project;
if the Authority determines that the project could
bring significant benefits to areas of the region
outside a nondistressed county.
``(C) Isolated areas of distress.--For a
designation of an isolated area of distress for
assistance to be effective, the designation shall be
supported--
``(i) by the most recent Federal data
available; or
``(ii) if no recent Federal data are
available, by the most recent data available
through the government of the State in which
the isolated area of distress is located.
``(d) Transportation, Telecommunication, and Basic Public
Infrastructure.--The Authority shall allocate at least 50 percent of
any funds made available under section 387M for transportation,
telecommunication, and basic public infrastructure projects authorized
under paragraphs (1) and (3) of section 387C(a).
``SEC. 387G. DEVELOPMENT PLANNING PROCESS.
``(a) State Development Plan.--In accordance with policies
established by the Authority, each State member shall submit a
development plan for the area of the region represented by the State
member.
``(b) Content of Plan.--A State development plan submitted under
subsection (a) shall reflect the goals, objectives, and priorities
identified in the regional development plan developed under section
387B(d)(2).
``(c) Consultation With Interested Local Parties.--In carrying out
the development planning process (including the selection of programs
and projects for assistance), a State may--
``(1) consult with--
``(A) local development districts; and
``(B) local units of government; and
``(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities described in
paragraph (1).
``(d) Public Participation.--
``(1) In general.--The Authority and applicable State and
local development districts shall encourage and assist, to the
maximum extent practicable, public participation in the
development, revision, and implementation of all plans and
programs under this subtitle.
``(2) Regulations.--The Authority shall develop guidelines
for providing public participation described in paragraph (1),
including public hearings.
``SEC. 387H. PROGRAM DEVELOPMENT CRITERIA.
``(a) In General.--In considering programs and projects to be
provided assistance under this subtitle, and in establishing a priority
ranking of the requests for assistance provided by the Authority, the
Authority shall follow procedures that ensure, to the maximum extent
practicable, consideration of--
``(1) the relationship of the project or class of projects
to overall regional development;
``(2) the per capita income and poverty and unemployment
and outmigration rates in an area;
``(3) the financial resources available to the applicants
for assistance seeking to carry out the project, with emphasis
on ensuring that projects are adequately financed to maximize
the probability of successful economic development;
``(4) the importance of the project or class of projects in
relation to other projects or classes of projects that may be
in competition for the same funds;
``(5) the prospects that the project for which assistance
is sought will improve, on a continuing rather than a temporary
basis, the opportunities for employment, the average level of
income, or the economic development of the
2000
area served by the
project; and
``(6) the extent to which the project design provides for
detailed outcome measurements by which grant expenditures and
the results of the expenditures may be evaluated.
``(b) No Relocation Assistance.--No financial assistance authorized
by this subtitle shall be used to assist a person or entity in
relocating from one area to another, except that financial assistance
may be used as otherwise authorized by this title to attract businesses
from outside the region to the region.
``(c) Reduction of Funds.--Funds may be provided for a program or
project in a State under this subtitle only if the Authority determines
that the level of Federal or State financial assistance provided under
a law other than this subtitle, for the same type of program or project
in the same area of the State within the region, will not be reduced as
a result of funds made available by this subtitle.
``SEC. 387I. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.
``(a) In General.--A State or regional development plan or any
multistate subregional plan that is proposed for development under this
subtitle shall be reviewed by the Authority.
``(b) Evaluation by State Member.--An application for a grant or
any other assistance for a project under this subtitle shall be made
through and evaluated for approval by the State member of the Authority
representing the applicant.
``(c) Certification.--An application for a grant or other
assistance for a project shall be approved only on certification by the
State member that the application for the project--
``(1) describes ways in which the project complies with any
applicable State development plan;
``(2) meets applicable criteria under section 387H;
``(3) provides adequate assurance that the proposed project
will be properly administered, operated, and maintained; and
``(4) otherwise meets the requirements of this subtitle.
``(d) Votes for Decisions.--On certification by a State member of
the Authority of an application for a grant or other assistance for a
specific project under this section, an affirmative vote of the
Authority under section 387B(c) shall be required for approval of the
application.
``SEC. 387J. CONSENT OF STATES.
``Nothing in this subtitle requires any State to engage in or
accept any program under this subtitle without the consent of the
State.
``SEC. 387K. RECORDS.
``(a) Records of the Authority.--
``(1) In general.--The Authority shall maintain accurate
and complete records of all transactions and activities of the
Authority.
``(2) Availability.--All records of the Authority shall be
available for audit and examination by the Comptroller General
of the United States and the Inspector General of the
Department of Agriculture (including authorized representatives
of the Comptroller General and the Inspector General of the
Department of Agriculture).
``(b) Records of Recipients of Federal Assistance.--
``(1) In general.--A recipient of Federal funds under this
subtitle shall, as required by the Authority, maintain accurate
and complete records of transactions and activities financed
with Federal funds and report on the transactions and
activities to the Authority.
``(2) Availability.--All records required under paragraph
(1) shall be available for audit by the Comptroller General of
the United States, the Inspector General of the Department of
Agriculture, and the Authority (including authorized
representatives of the Comptroller General, the Inspector
General of the Department of Agriculture, and the Authority).
``(c) Annual Audit.--The Inspector General of the Department of
Agriculture shall audit the activities, transactions, and records of
the Authority on an annual basis.
``SEC. 387L. ANNUAL REPORT.
``Not later than 180 days after the end of each fiscal year, the
Authority shall submit to the President and to Congress a report
describing the activities carried out under this subtitle.
``SEC. 387M. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to the
Authority to carry out this subtitle $30,000,000 for each of fiscal
years 2002 through 2006, to remain available until expended.
``(b) Administrative Expenses.--Not more than 5 percent of the
amount appropriated under subsection (a) for a fiscal year shall be
used for administrative expenses of the Authority.
``(c) Minimum State Share of Grants.--Notwithstanding any other
provision of this subtitle, for any fiscal year, the aggregate amount
of grants received by a State and all persons or entities in the State
under this subtitle shall be not less than \1/3\ of the product
obtained by multiplying--
``(1) the aggregate amount of grants under this subtitle
for the fiscal year; and
``(2) the ratio that--
``(A) the population of the State (as determined by
the Secretary of Commerce based on the most recent
decennial census for which data are available); bears
to
``(B) the population of the region (as so
determined).
``SEC. 387N. TERMINATION OF AUTHORITY.
``This subtitle and the authority provided under this subtitle
expire on October 1, 2006.''.
Subtitle D--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 651. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION
CORPORATION.
(a) Repeal of Corporation Authorization.--Subtitle G of title XVI
of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5901 et seq.) is repealed.
(b) Disposition of Assets.--On the date of enactment of this Act--
(1) the assets, both tangible and intangible, of the
Alternative Agricultural Research and Commercialization
Corporation (referred to in this section as the
``Corporation''), including the funds in the Alternative
Agricultural Research and Commercialization Revolving Fund as
of the date of enactment of this Act, are transferred to the
Secretary of Agriculture; and
(2) notwithstanding the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.), the Secretary
shall have authority to manage and dispose of the assets
transferred under paragraph (1) in a manner that, to the
maximum extent practicable, provides the greatest return on
investment.
(c) Use of Assets.--
(1) In general.--Funds transferred under subsection (b),
and any income from assets or proceeds from the sale of assets
transferred under subsection (b), shall be deposited into an
account in the Treasury, and shall remain available to the
Secretary until expended, without further appropriation, to
pay--
(A) any outstanding claims or obligations of the
Corporation; and
(B) the costs incurred by the Secretary in carrying
out this section.
(2) Final disposition.--On final disposition of all assets
transferred under subsection (b), any funds remaining in the
account described in paragraph (1) shall be transferred into
miscellaneous receipts in the Treasury.
(d) Conforming Amendments.--
(1) The following provisions are repealed:
(A) Section 730 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 5902 note;
Public Law 104-127).
(B) Section 9101(3)(Q) of title 31, United States
Code.
(2) Section 401(c) of the Agricultural Research, Education,
and Extension Reform Act of 1998 (7 U.S.C. 7621(c)) is ame
2000
nded
by striking paragraph (1) and inserting the following:
``(1) Technical assistance capability of equity funds.--
Subject to paragraph (2), the Secretary shall use the funds in
the Account for research, extension, and education grants
(referred to in this section as `grants') to increase the
technical assistance capability of equity funds.''.
(3) Section 793(c)(1)(A)(ii)(II) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C.
2204f(c)(1)(A)(ii)(II)) is amended by striking ``subtitle G of
title XVI and''.
SEC. 652. TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL AREAS.
(a) In General.--Section 2335A of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-5) is amended by
striking ``2002'' and inserting ``2006''.
(b) Conforming Amendment.--Section 1(b) of Public Law 102-551 (7
U.S.C. 950aaa note) is amended by striking ``1997'' and inserting
``2006''.
Subtitle E--Rural Electrification Act of 1936
SEC. 661. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR
TELEPHONE PURPOSES.
(a) In General.--The Rural Electrification Act of 1936 is amended
by inserting after section 313 (7 U.S.C. 940c) the following:
``SEC. 313A. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION
OR TELEPHONE PURPOSES.
``(a) In General.--Subject to subsection (b), the Secretary may
guarantee payments on bonds or notes issued by cooperative lenders if
the proceeds of the bonds or notes are used for electrification or
telephone purposes eligible for assistance under this Act.
``(b) Limitations.--
``(1) Outstanding loans.--A lender shall not receive a
guarantee under this section for a bond or note if, at the time
of the guarantee, the total amount of such guaranteed bonds or
notes outstanding of the lender would exceed the amount of
outstanding loans of the lender for electrification or
telephone purposes that have been made concurrently with loans
approved for such purposes under this Act.
``(2) Generation of electricity.--The Secretary shall not
guarantee payment on a bond or note issued by a lender, the
proceeds of which are used for the generation of electricity.
``(3) Qualifications.--The Secretary may deny the request
of a lender for the guarantee of a bond or note under this
section if the Secretary determines that--
``(A) the lender does not have appropriate
expertise or experience or is otherwise not qualified
to make loans for electrification or telephone
purposes; or
``(B) the bond or note issued by the lender is not
of reasonable and sufficient quality.
``(4) Interest rate reduction.--
``(A) In general.--Except as provided in
subparagraph (B), a lender may not use any amount
obtained from the reduction in funding costs as a
result of the guarantee of a bond or note under this
section to reduce the interest rate on a new or
outstanding loan.
``(B) Concurrent loans.--A lender may use any
amount described in subparagraph (A) to reduce the
interest rate on a loan if the loan is--
``(i) approved by the Secretary after the
date of enactment of this section;
``(ii) made by the lender for
electrification or telephone purposes that are
eligible for assistance under this Act; and
``(iii) made concurrently with a loan
approved by the Secretary under this Act for
such a purpose.
``(5) Total amount.--The total amount of guarantees
outstanding under this section at any time shall not exceed
$500,000,000.
``(c) Fees.--
``(1) In general.--A lender that receives a guarantee
issued under this section on a bond or note shall pay a fee to
the Secretary.
``(2) Amount.--The amount of a fee paid for the guarantee
of a bond or note under this section shall be equal to 12.5
basis points of the amount of the unpaid principal of the loan
guaranteed under this section.
``(3) Payment.--A lender shall pay the fees required under
this subsection on a semiannual basis.
``(4) Rural economic development subaccount.--Subject to
subsection (e)(2), fees collected under this subsection shall
be--
``(A) deposited into the rural economic development
subaccount maintained under section 313(b)(2)(A), to
remain available until expended; and
``(B) used for the purposes described in section
313(b)(2)(B).
``(d) Guarantees.--
``(1) In general.--A guarantee issued under this section
shall--
``(A) be for the full amount of a bond or note,
including the amount of principal, interest, and call
premiums;
``(B) be fully assignable and transferable; and
``(C) represent the full faith and credit of the
United States.
``(2) Department opinion.--On the request of an eligible
lender, the General Counsel of the Department of Agriculture
shall provide the Secretary with an opinion regarding the
validity and authority of a guarantee issued to the lender
under this section.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to cover the cost of providing
guarantees of bonds and notes under this section.
``(f) Termination.--The authority provided under this section shall
terminate on September 30, 2006.''.
(b) Administration of Cushion of Credit Payments Program.--Section
313(b)(2)(B) of the Rural Electrification Act of 1936 (7 U.S.C.
940c)(b)(2)(B)) is amended by inserting ``, acting through the Rural
Utilities Service,'' after ``Secretary''.
(c) Administration.--
(1) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
promulgate regulations to carry out the amendments made by this
section.
(2) Implementation.--Not later than 240 days after the date
of enactment of this Act, the Secretary shall implement the
amendment made by this section.
SEC. 662. EXPANSION OF 911 ACCESS.
Title III of the Rural Electrification Act of 1936 (7 U.S.C. 931 et
seq.) is amended by adding the following:
``SEC. 315. EXPANSION OF 911 ACCESS.
``(a) In General.--Subject to such terms and conditions as the
Secretary may prescribe, the Secretary may make telephone loans under
this title to State or local governments, Indian tribes (as defined in
section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)), or other public entities for facilities and
equipment to expand 911 access in underserved rural areas.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
Subtitle F--Effective Date
SEC. 671. EFFECTIVE DATE.
This title and the amendments made by this title take effect on
October 1, 2002.
TITLE VII--AGRICULTURAL RESEARCH, EDUCATION, AND EXTENSION AND RELATED
MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 701. DEFINITIONS.
(a) In General.--Section 1404 of the National Agricultural
Research, Extensi
2000
on, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is
amended--
(1) by redesignating paragraphs (10) through (17) as
paragraphs (11) through (18), respectively;
(2) by inserting after paragraph (9) the following:
``(10) Insular area.--The term `insular area' means the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Federated
States of Micronesia, the Republic of the Marshall Islands, the
Republic of Palau, and the Virgin Islands of the United
States.''; and
(3) by striking paragraph (13) (as so redesignated) and
inserting the following:
``(13) State.--The term `State' means any of the States,
the District of Columbia, and any insular area.''.
(b) Effect of Amendments.--The amendments made by subsection (a)
shall not affect any basis for distribution of funds by formula (in
effect on the date of enactment of this Act) to the Federated States of
Micronesia, the Republic of the Marshall Islands, or the Republic of
Palau.
SEC. 702. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
Section 1408(h) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123(h)) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 703. 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) in subsection (a)--
(A) by striking ``and'' after ``economics,''; and
(B) by inserting ``, and rural economic, community,
and business development'' before the period;
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``, or in rural
economic, community, and business development'' before
the semicolon;
(B) in paragraph (2), by inserting ``, or in rural
economic, community, and business development'' before
the semicolon;
(C) in paragraph (3), by inserting ``, or teaching
programs emphasizing rural economic, community, and
business development'' before the semicolon;
(D) in paragraph (4), by inserting ``, or programs
emphasizing rural economic, community, and business
development,'' after ``programs''; and
(E) in paragraph (5), by inserting ``, or
professionals in rural economic, community, and
business development'' before the semicolon;
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``, or in rural
economic, community, and business development,'' after
``sciences''; and
(B) in paragraph (2), by inserting ``, or in the
rural economic, community, and business development
workforce,'' after ``workforce''; and
(4) in subsection (l), by striking ``2002'' and inserting
``2006''.
SEC. 704. GRANTS FOR RESEARCH ON THE PRODUCTION AND MARKETING OF
ALCOHOLS AND INDUSTRIAL HYDROCARBONS FROM AGRICULTURAL
COMMODITIES AND FOREST PRODUCTS.
Section 1419(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3154(d)) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 705. POLICY RESEARCH CENTERS.
Section 1419A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3155) is amended--
(1) in subsection (c)(3), by striking ``collect and
analyze'' and inserting ``collect, analyze, and disseminate'';
and
(2) in subsection (d), by striking ``2002'' and inserting
``2006''.
SEC. 706. HUMAN NUTRITION INTERVENTION AND HEALTH PROMOTION RESEARCH
PROGRAM.
Section 1424(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3174(d)) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 707. PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND AGRICULTURAL
RESEARCH.
Section 1424A(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3174a(d)) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 708. NUTRITION EDUCATION PROGRAM.
Section 1425(c)(3) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(c)(3)) is
amended by striking ``2002'' and inserting ``2006''.
SEC. 709. ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS.
Section 1433(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3195(a)) is amended in the
first sentence by striking ``2002'' and inserting ``2006''.
SEC. 710. RESEARCH ON NATIONAL OR REGIONAL PROBLEMS.
Section 1434(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3196(a)) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 711. EDUCATION GRANTS PROGRAMS FOR HISPANIC-SERVING INSTITUTIONS.
Section 1455(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 712. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL SCIENCE AND
EDUCATION PROGRAMS.
Section 1459A(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 713. INDIRECT COSTS.
Section 1462 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310) is amended--
(1) by inserting ``(a) In General.--'' before ``Except'';
(2) by striking ``19 percent'' and inserting ``35 percent
(or a lesser negotiated indirect cost rate established for an
institution by the cognizant Federal audit agency for the
institution)''; and
(3) by adding at the end the following:
``(b) Exception.--The limitation on indirect costs contained in
subsection (a) shall not apply to a grant awarded competitively under
section 9 of the Small Business Act (15 U.S.C. 638).''.
SEC. 714. RESEARCH EQUIPMENT GRANTS.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1462 (7 U.S.C. 3310)
the following:
``SEC. 1462A. RESEARCH EQUIPMENT GRANTS.
``(a) In General.--The Secretary may make competitive grants for
the acquisition of special purpose scientific research equipment for
use in the food and agricultural sciences programs of eligible
institutions described in subsection (b).
``(b) Eligible Institutions.--The Secretary may make a grant under
this section to--
``(1) a college or university; or
``(2) a State cooperative institution.
``(c) Maximum Grant.--The amount of a grant made to an eligible
institution under this section may not exceed $500,000.
``(d) Prohibition on Charge of Equipment as Indirect Costs.--The
cost of acquisition or depreciation of equipment purchased with a grant
under this section shall not be--
``(1) charged as an indirect cost against another Federal
grant; or
``(2) included as part of the indirect cost pool for
purposes of calculating the indirect cost rate of an eligible
institution.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2003 through 2006.''.
SEC. 715. AGRICULTURAL RESEARCH PROGRAMS.
Section 1463 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.
2000
C. 3311) is amended--
(1) in subsection (a), by striking ``$850,000,000 for each
of the fiscal years 1991 through 2002'' and inserting
``$1,500,000,000 for each of fiscal years 2002 through 2006'';
and
(2) in subsection (b), by striking ``2002'' and inserting
``2006''.
SEC. 716. EXTENSION EDUCATION.
Section 1464 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking
``$420,000,000'' and all that follows and inserting the following:
``$500,000,000 for each of fiscal years 2003 through 2006.''.
SEC. 717. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND RESPONSE.
Section 1465 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (91 Stat. 1018) is amended to read as
follows:
``SEC. 1465. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND
RESPONSE.
``(a) Authorization of Appropriations.--In addition to amounts for
agricultural research, extension, and education under this Act, there
are authorized to be appropriated for agricultural research, education,
and extension activities for biosecurity planning and response such
sums as are necessary for fiscal years 2003 through 2006.
``(b) Use of Funds.--Using any authority available to the
Secretary, the Secretary shall use funds made available under this
section to carry out agricultural research, education, and extension
activities necessary--
``(1) to reduce the vulnerability of the United States food
and agricultural system to chemical or biological attack;
``(2) to counter any such chemical or biological attack; or
``(3) to respond to any such chemical or biological
attack.''.
SEC. 718. AVAILABILITY OF COMPETITIVE GRANT FUNDS.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1469 (7 U.S.C. 3315)
the following:
``SEC. 1469A. AVAILABILITY OF COMPETITIVE GRANT FUNDS.
``Except as otherwise provided by law, funds made available to the
Secretary to carry out a competitive agricultural research, education,
or extension grant program under this or any other Act shall be
available for obligation for a 2-year period beginning on October 1 of
the fiscal year for which the funds are made available.''.
SEC. 719. JOINT REQUESTS FOR PROPOSALS.
(a) Purposes.--The purposes of this section are--
(1) to reduce the duplication of administrative functions
relating to grant awards and administration among Federal
agencies conducting similar types of research, education, and
extension programs;
(2) to maximize the use of peer review resources in
research, education, and extension programs; and
(3) to reduce the burden on potential recipients that may
offer similar proposals to receive competitive grants under
different Federal programs in overlapping subject areas.
(b) Authority.--The National Agricultural Research, Extension, and
Teaching Policy Act of 1977 is amended by inserting after section 1473A
(7 U.S.C. 3319a) the following:
``SEC. 1473B. JOINT REQUESTS FOR PROPOSALS.
``(a) In General.--In carrying out any competitive agricultural
research, education, or extension grant program authorized under this
or any other Act, the Secretary may cooperate with 1 or more other
Federal agencies (including the National Science Foundation) in issuing
joint requests for proposals, awarding grants, and administering
grants, for similar or related research, education, or extension
projects or activities.
``(b) Transfer of Funds.--
``(1) Secretary.--The Secretary may transfer funds to, or
receive funds from, a cooperating Federal agency for the
purpose of carrying out the joint request for proposals, making
awards, or administering grants.
``(2) Cooperating agency.--The cooperating Federal agency
may transfer funds to, or receive funds from, the Secretary for
the purpose of carrying out the joint request for proposals,
making awards, or administering grants.
``(3) Limitations.--Funds transferred or received under
this subsection shall be--
``(A) used only in accordance with the laws
authorizing the appropriation of the funds; and
``(B) made available by grant only to recipients
that are eligible to receive the grant under the laws.
``(c) Administration.--
``(1) Secretary.--The Secretary may delegate authority to
issue requests for proposals, make grant awards, or administer
grants, in whole or in part, to a cooperating Federal agency.
``(2) Cooperating federal agency.--The cooperating Federal
agency may delegate to the Secretary authority to issue
requests for proposals, make grant awards, or administer
grants, in whole or in part.
``(d) Regulations; Rates.--The Secretary and a cooperating Federal
agency may agree to make applicable to recipients of grants--
``(1) the post-award grant administration regulations and
indirect cost rates applicable to recipients of grants from the
Secretary; or
``(2) the post-award grant administration regulations and
indirect cost rates applicable to recipients of grants from the
cooperating Federal agency.
``(e) Joint Peer Review Panels.--Subject to section 1413B, the
Secretary and a cooperating Federal agency may establish joint peer
review panels for the purpose of evaluating grant proposals.''.
SEC. 720. SUPPLEMENTAL AND ALTERNATIVE CROPS.
Section 1473D(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3319d(a)) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 721. AQUACULTURE.
Section 1477 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3324) is amended in the first
sentence by striking ``2002'' and inserting ``2006''.
SEC. 722. RANGELAND RESEARCH.
Section 1483(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)) is amended by
striking ``2002'' and inserting ``2006''.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 731. NATIONAL GENETIC RESOURCES PROGRAM.
Section 1635(b) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5844(b)) is amended by striking ``2002'' and
inserting ``2006''.
SEC. 732. BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
Section 1668 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5921) is amended--
(1) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Grant Priority.--In selecting projects for which grants shall
be made under this section, the Secretary shall give priority to public
and private research or educational institutions and organizations the
goals of which include--
``(1) formation of interdisciplinary teams to review or
conduct research during the preapproval process for, and answer
questions raised by, the release of new genetically modified
agricultural products;
``(2) conduct of studies to answer questions relating to
biosafety of genetically modified agricultural products;
``(3) development of an identity preservation system for
genetically modified agricultural products based on the
International Standards Organization platform; or
``(4) establishment of international partnerships for
research and education on biosafety issues, including
development of standards to facilitate transboundary movement
of plant and animal products of the United States.''.
SEC. 733. HIGH
2000
-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672(h) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2002'' and
inserting ``2006''.
SEC. 734. NUTRIENT MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
Section 1672A(g) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925a(g)) is amended by striking ``2002'' and
inserting ``2006''.
SEC. 735. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) determining desirable traits for organic commodities
using advanced genomics;
``(5) pursuing classical and marker-assisted breeding for
publicly held varieties of crops and animals optimized for
organic systems; and
``(6) identifying marketing and policy constraints on the
expansion of organic agriculture.''; and
(2) in subsection (e), by striking ``2002'' and inserting
``2006''.
SEC. 736. AGRICULTURAL TELECOMMUNICATIONS PROGRAM.
Section 1673(h) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5926(h)) is amended by striking ``2002'' and
inserting ``2006''.
SEC. 737. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
Section 1680(c)(1) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5933(c)(1)) is amended by striking ``2002''
and inserting ``2006''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 741. INITIATIVE FOR FUTURE AGRICULTURE AND FOOD SYSTEMS.
Section 401(b)(1) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7621(b)(1)) is amended--
(1) by striking ``In general.--'' and inserting ``In
general.--
``(A) Transfers for fiscal years 1998 through
2002.--''; and
(2) by inserting at the end the following:
``(B) Transfers for fiscal years 2003 through
2006.--On October 1, 2002, and each October 1
thereafter through October 1, 2005, out of any funds in
the Treasury not otherwise appropriated, the Secretary
of the Treasury shall transfer $145,000,000 to the
Account.''.
SEC. 742. PARTNERSHIPS FOR HIGH-VALUE AGRICULTURAL PRODUCT QUALITY
RESEARCH.
Section 402(g) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7622(g)) is amended by striking
``2002'' and inserting ``2006''.
SEC. 743. PRECISION AGRICULTURE.
Section 403(i)(1) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7623(i)(1)) is amended by
striking ``2002'' and inserting ``2006''.
SEC. 744. BIOBASED PRODUCTS.
Section 404 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7624) is amended--
(1) in subsection (e)(2), by striking ``2001'' and
inserting ``2006''; and
(2) in subsection (h), by striking ``2002'' and inserting
``2006''.
SEC. 745. THOMAS JEFFERSON INITIATIVE FOR CROP DIVERSIFICATION.
Section 405(h) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7625(h)) is amended by striking
``2002'' and inserting ``2006''.
SEC. 746. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE
GRANTS PROGRAM.
Section 406 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7626) is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following:
``(e) Term of Grant.--A grant under this section shall have a term
of not more than 5 years.''; and
(3) in subsection (f) (as so redesignated), by striking
``2002'' and inserting ``2006''.
SEC. 747. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT AND BARLEY
CAUSED BY FUSARIUM GRAMINEARUM.
Section 408 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7628) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Research Grants.--
``(1) In general.--To assist health scientists in obtaining
a better understanding of foreign and emerging animal diseases
and in developing vaccines, diagnostics, and other control
measures for animal diseases, the Secretary may make grants to
consortia of land-grant colleges and universities to enhance
the ability of the consortia to carry out multi-State research
projects that emphasize--
``(A) development and evaluation of rapid
diagnostic techniques for animal disease agents
considered to be risks for agricultural bioterrorism
attack; and
``(B) development of vaccines to prevent animal
diseases.
``(2) Collaboration.--Research under paragraph (1) shall be
conducted in collaboration with scientists from the Department,
other Federal agencies, universities, and industry.
``(3) Evaluation of diagnostic techniques and vaccines.--
Research on an animal disease under paragraph (1) shall include
evaluation of diagnostic techniques and vaccines under field
conditions in countries in which the animal disease occurs.'';
and
(2) in subsection (e), by striking ``2002'' and inserting
``2006''.
SEC. 748. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(f)) is amended by striking
``2002'' and inserting ``2006''.
Subtitle D--Land-Grant Funding
CHAPTER 1--1862 INSTITUTIONS
SEC. 751. CARRYOVER.
Section 7 of the Hatch Act of 1887 (7 U.S.C. 361g) is amended by
striking subsection (c) and inserting the following:
``(c) Carryover.--
``(1) In general.--The balance of any annual funds provided
under this Act to a State agricultural experiment station for a
fiscal year that remains unexpended at the end of the fiscal
year may be carried over for use during the following fiscal
year.
``(2) Failure to expend full allotment.--If any unexpended
balance carried over by a State is not expended by the end of
the second fiscal year, an amount equal to the unexpended
balance shall be deducted from the next succeeding annual
allotment to the State.''.
SEC. 752. REPORTING OF TECHNOLOGY TRANSFER ACTIVITIES.
Section 7(e) of the Hatch Act of 1887 (7 U.S.C. 361g(e)) is amended
by adding at the end the following:
``(5) The technology transfer activities conducted with
respect to federally-funded agricultural research.''.
SEC. 753. COMPLIANCE WITH MULTISTATE AND INTEGRATION REQUIREMENTS.
(a) Multistate.--Section 3 of the Smith-Lever Act (7 U.S.C. 343) is
amended by striking subsection (h) and inserting the following:
``(h) Multistate Cooperative Extension Activities.--
``(1) Definition of multistate activity.--In this
subsection, the term `multistate activity' means a cooperative
extension activity in which 2 or more States cooperate to
resolve problems that concern more than 1 State.
``(2) Requirement.--
``(A) In general.--To receive funding under
subsections (b) and (c) for a fiscal year, a State, in
2000
the preceding fiscal year, must have expended on
multistate activities an amount equivalent to not less
than 25 percent of the funds paid to the State under
subsections (b) and (c) for the preceding fiscal year.
``(B) Determination of amount.--In determining
compliance with subparagraph (A), the Secretary shall
include all cooperative extension funds expended by the
State in the preceding fiscal year, including Federal,
State, and local funds.
``(3) Reduction of percentage.--The Secretary may reduce
the minimum percentage required to be expended for multistate
activities under paragraph (2) by a State in a case of
hardship, infeasibility, or other similar circumstances beyond
the control of the State, as determined by the Secretary.
``(4) 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
subsection.
``(5) Applicability.--This subsection does not apply to
funds provided--
``(A) to a 1994 Institution (as defined in section
532 of the Equity in Educational Land-Grant Status Act
of 1994 (7 U.S.C. 301 note; Public Law 103-382)); or
``(B) to the Commonwealth of Puerto Rico, the
Virgin Islands, or Guam.''.
(b) Integrated.--Section 3 of the Hatch Act of 1887 (7 U.S.C. 361c)
is amended by striking subsection (i) and inserting the following:
``(i) Integrated Research and Extension Activities.--
``(1) In general.--
``(A) Requirement.--To receive funding under this
Act and subsections (b) and (c) of section 3 of the
Smith-Lever Act (7 U.S.C. 343) for a fiscal year, a
State, in the preceding fiscal year, must have expended
on activities that integrate cooperative research and
extension (referred to in this section as `integrated
activities') an amount equivalent to not less than 25
percent of the funds paid to the State under this
section and subsections (b) and (c) of section 3 of the
Smith-Lever Act (7 U.S.C. 343) for the preceding fiscal
year.
``(B) Determination of amount.--In determining
compliance with subparagraph (A), the Secretary shall
include all cooperative research and extension funds
expended by the State in the prior fiscal year,
including Federal, State, and local funds.
``(2) Reduction of percentage.--The Secretary may reduce
the minimum percentage required to be expended for integrated
activities under paragraph (1) by a State in a case of
hardship, infeasibility, or other similar circumstances beyond
the control of the State, as determined by the Secretary.
``(3) Plan of work.--The State shall include in the plan of
work of the State required under section 7 of this Act and
under 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 subsection.
``(4) Applicability.--This subsection does not apply to
funds provided--
``(A) to a 1994 Institution (as defined in section
532 of the Equity in Educational Land-Grant Status Act
of 1994 (7 U.S.C. 301 note; Public Law 103-382)); or
``(B) to the Commonwealth of Puerto Rico, the
Virgin Islands, or Guam.
``(5) Relationship to other requirements.--Funds described
in paragraph (1)(B) that a State uses to calculate the required
amount of expenditures for integrated activities under
paragraph (1)(A) may also be used in the same fiscal year to
calculate the amount of expenditures for multistate activities
required under subsection (c)(3) of this section and section
3(h) of the Smith-Lever Act (7 U.S.C. 343(h)).''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2002.
CHAPTER 2--1994 INSTITUTIONS
SEC. 754. EXTENSION AT 1994 INSTITUTIONS.
Section 3(b) of the Smith-Lever Act (7 U.S.C. 343(b)) is amended by
striking paragraph (3) and inserting the following:
``(3) Extension at 1994 institutions.--
``(A) In general.--There are authorized to be
appropriated for fiscal year 2002 and each subsequent
fiscal year, for payment to 1994 Institutions (as
defined in section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382)), such sums as are necessary for
the purposes set forth in section 2, to remain
available until expended.
``(B) Distribution.--Amounts made available under
subparagraph (A)--
``(i) shall be distributed on the basis of
a formula to be developed and implemented by
the Secretary, in consultation with the 1994
Institutions; and
``(ii) may include payments for extension
activities carried out during 1 or more fiscal
years.
``(C) Cooperative agreement.--In accordance with
such regulations as the Secretary may promulgate, a
1994 Institution may administer funds received under
this paragraph through a cooperative agreement with an
1862 Institution or an 1890 Institution (as those terms
are defined in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C.
7601)).''.
SEC. 755. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) Technical Amendment To Reflect Name Changes.--Section 532 of
the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301
note; Public Law 103-382) is amended by striking paragraphs (1) through
(30) and inserting the following:
``(1) Bay Mills Community College.
``(2) Blackfeet Community College.
``(3) Cankdeska Cikana Community College.
``(4) College of Menominee Nation.
``(5) Crownpoint Institute of Technology.
``(6) D-Q University.
``(7) Dine College.
``(8) Dull Knife Memorial College.
``(9) Fond du Lac Tribal and Community College.
``(10) Fort Belknap College.
``(11) Fort Berthold Community College.
``(12) Fort Peck Community College.
``(13) Haskell Indian Nations University.
``(14) Institute of American Indian and Alaska Native Culture
and Arts Development.
``(15) Lac Courte Oreilles Ojibwa Community College.
``(16) Leech Lake Tribal College.
``(17) Little Big Horn College.
``(18) Little Priest Tribal College.
``(19) Nebraska Indian Community College.
``(20) Northwest Indian College.
``(21) Oglala Lakota College.
``(22) Salish Kootenai College.
``(23) Sinte Gleska University.
``(24) Sisseton Wahpeton Community College.
``(25) Si Tanka/Huron University.
``(26) Sitting Bull College.
``(27) Southwestern Indian Polytechnic Institute.
``(28) Stone Child College.
``(29) Turtle Mountain Community College.
``(30) United Tribes Technical College.
``(31) White Earth Tribal and Community College.''.
(b) Accreditation Requirem
2000
ent for Research Grants.--Section
533(a)(3) of the Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103-382) is amended by striking ``sections
534 and 535'' and inserting ``sections 534, 535, and 536''.
(c) Land-Grant Status for 1994 Institutions.--Section 533(b) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended by striking ``$4,600,000 for each of
fiscal years 1996 through 2002'' and inserting ``such sums as are
necessary for each of fiscal years 2002 through 2006''.
(d) Change of Indian Student Count Formula.--Section 533(c)(4)(A)
of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended by striking ``(as defined in
section 390(3) of the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2397h(3)) for each 1994 Institution for the
fiscal year'' and inserting ``(as defined in section 2(a) of the
Tribally Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801(a)))''.
(e) Increase in Institutional Payments.--Section 534(a)(1)(A) of
the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301
note; Public Law 103-382) is amended by striking ``$50,000'' and
inserting ``$100,000''.
(f) Institutional Capacity Building Grants.--Section 535 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended--
(1) in subsection (b)(1), by striking ``2002'' and
inserting ``2006''; and
(2) in subsection (c), by striking ``$1,700,000 for each of
fiscal years 1996 through 2002'' and inserting ``such sums as
are necessary for each of fiscal years 2002 through 2006''.
(g) Research Grants.--Section 536(c) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)
is amended by striking ``2002'' and inserting ``2006''.
SEC. 756. ELIGIBILITY FOR INTEGRATED GRANTS PROGRAM.
Section 406(b) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(b)) is amended by inserting
``and 1994 Institutions'' before ``on a competitive basis''.
CHAPTER 3--1890 INSTITUTIONS
SEC. 757. AUTHORIZATION PERCENTAGES FOR RESEARCH AND EXTENSION FORMULA
FUNDS.
(a) Extension.--Section 1444(a) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(a))
is amended--
(1) by striking the second sentence; and
(2) in the third sentence, by striking ``Beginning''
through ``6 per centum'' and inserting ``Beginning with fiscal
year 2002, there shall be appropriated under this section for
each fiscal year an amount that is not less than 15 percent''.
(b) Research.--Section 1445(a) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(a))
is amended--
(1) by striking ``(a) There'' and inserting the following:
``(a) Authorization of Appropriations.--
``(1) In general.--There'';
(2) by striking the second sentence and inserting the
following:
``(2) Minimum amount.--Beginning with fiscal year 2002,
there shall be appropriated under this section for each fiscal
year an amount that is not less than 25 percent of the total
appropriations for the fiscal year under section 3 of the Hatch
Act of 1887 (7 U.S.C. 361c).'';
(3) by striking ``Funds appropriated'' and inserting the
following:
``(3) Uses.--Funds appropriated'';
(4) by striking ``The eligible'' and inserting the
following:
``(4) Coordination.--The eligible''; and
(5) by striking ``No more'' and inserting the following:
``(5) Carryover.--No more''.
SEC. 758. CARRYOVER.
Section 1445(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222(a) (as amended by
section 757(b)) is amended by striking paragraph (5) and inserting the
following:
``(5) Carryover.--
``(A) In general.--The balance of any annual funds
provided to an eligible institution for a fiscal year
under this section that remains unexpended at the end
of the fiscal year may be carried over for use during
the following fiscal year.
``(B) Failure to expend full amount.--If any
unexpended balance carried over by an eligible
institution is not expended by the end of the second
fiscal year, an amount equal to the unexpended balance
shall be deducted from the next succeeding annual
allotment to the eligible institution.''.
SEC. 759. REPORTING OF TECHNOLOGY TRANSFER ACTIVITIES.
Section 1445(c)(3) of the National Agriculture Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222(c)(3)) is amended by
adding at the end the following:
``(F) The technology transfer activities conducted
with respect to federally-funded agricultural
research.''.
SEC. 760. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES
AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE
UNIVERSITY.
Section 1447(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended by
striking ``$15,000,000 for each of fiscal years 1996 through 2002'' and
inserting ``$25,000,000 for each of fiscal years 2002 through 2006''.
SEC. 761. NATIONAL RESEARCH AND TRAINING CENTENNIAL CENTERS.
Section 1448 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222c) is amended by striking
``2002'' each place it appears in subsections (a)(1) and (f) and
inserting ``2006''.
SEC. 762. MATCHING FUNDS REQUIREMENT FOR RESEARCH AND EXTENSION
ACTIVITIES.
Section 1449 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222d) is amended by striking
subsections (c) and (d) and inserting the following:
``(c) Matching Formula.--
``(1) In general.--For each of fiscal years 2003 through
2006, the State shall provide matching funds from non-Federal
sources.
``(2) Amount.--The amount of the matching funds shall be
equal to not less than--
``(A) for fiscal year 2003, 60 percent of the
formula funds to be distributed to the eligible
institution; and
``(B) for each of fiscal years 2004 through 2006,
110 percent of the amount required under this paragraph
for the preceding fiscal year.
``(d) Waivers.--Notwithstanding subsection (f), for any of fiscal
years 2003 through 2006, the Secretary may waive the matching funds
requirement under subsection (c) for any amount above the level of 50
percent for an eligible institution of a State if the Secretary
determines that the State will be unlikely to meet the matching
requirement.''.
CHAPTER 4--LAND-GRANT INSTITUTIONS
Subchapter A--General
SEC. 771. PRIORITY-SETTING PROCESS.
Section 102(c) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7612(c)) is amended--
(1) by striking ``establish and implement a process for
obtaining'' and inserting ``obtain public''; and
(2) by striking the period at the end and inserting the
following: ``through a process that reflects transparency and
opportunity for input from diverse agricultural crop,
geographic, and cultural communities.''.
Subchapter B--Land-Grant Institutions in Insular Areas
SEC. 775. DISTANCE EDUCATION GRANTS PROGRAM FOR INSULAR AREA LAND-GRANT
2000
INSTITUTIONS.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3101 et seq.) is amended by adding at the end the
following:
``Subtitle N--Land Grant Institutions in Insular Areas
``SEC. 1484. DISTANCE EDUCATION GRANTS FOR INSULAR AREAS.
``(a) In General.--The Secretary may make competitive or
noncompetitive grants to State cooperative institutions in insular
areas to strengthen the capacity of State cooperative institutions to
carry out distance food and agricultural education programs using
digital network technologies.
``(b) Use.--Grants made under this section shall be used--
``(1) to acquire the equipment, instrumentation, networking
capability, hardware and software, digital network technology,
and infrastructure necessary to teach students and teachers
about technology in the classroom;
``(2) to develop and provide educational services
(including faculty development) to prepare students or faculty
seeking a degree or certificate that is approved by the State
or a regional accrediting body recognized by the Secretary of
Education;
``(3) to provide teacher education, library and media
specialist training, and preschool and teacher aid
certification to individuals who seek to acquire or enhance
technology skills in order to use technology in the classroom
or instructional process;
``(4) to implement a joint project to provide education
regarding technology in the classroom with a local educational
agency, community-based organization, national nonprofit
organization, or business, including a minority business or a
business located in a HUBZone established under section 31 of
the Small Business Act (15 U.S.C. 657a); or
``(5) to provide leadership development to administrators,
board members, and faculty of eligible institutions with
institutional responsibility for technology education.
``(c) Limitation on Use of Grant Funds.--Funds provided under this
section shall not be used for the planning, acquisition, construction,
rehabilitation, or repair of a building or facility.
``(d) Administration of Program.--The Secretary may carry out this
section in a manner that recognizes the different needs and
opportunities for State cooperative institutions in the Atlantic and
Pacific Oceans.
``(e) Matching Requirement.--
``(1) In general.--The Secretary may establishment a
requirement that a State cooperative institution receiving a
grant under this section shall provide matching funds from non-
Federal sources in an amount equal to not less than 50 percent
of the grant.
``(2) Waivers.--If the Secretary establishes a matching
requirement under paragraph (1), the requirement shall include
an option for the Secretary to waive the requirement for an
insular area State cooperative institution for any fiscal year
if the Secretary determines that the institution will be
unlikely to meet the matching requirement for the fiscal year.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2002 through 2006.''.
SEC. 776. MATCHING REQUIREMENTS FOR RESEARCH AND EXTENSION FORMULA
FUNDS FOR INSULAR AREA LAND-GRANT INSTITUTIONS.
(a) Experiment Stations.--Section 3(d) of the Hatch Act of 1887 (7
U.S.C. 361c(d)) is amended by striking paragraph (4) and inserting the
following:
``(4) Exception for insular areas.--
``(A) In general.--Effective beginning for fiscal
year 2003, in lieu of the matching funds requirement of
paragraph (1), the insular areas of the Commonwealth of
Puerto Rico, Guam, and the Virgin Islands of the United
States shall provide matching funds from non-Federal
sources in an amount equal to not less than 50 percent
of the formula funds distributed by the Secretary to
each of the insular areas, respectively, under this
section.
``(B) Waivers.--The Secretary may waive the
matching fund requirement of subparagraph (A) for any
fiscal year if the Secretary determines that the
government of the insular area will be unlikely to meet
the matching requirement for the fiscal year.''.
(b) Cooperative Agricultural Extension.--Section 3(e) of the Smith-
Lever Act (7 U.S.C. 343(e)) is amended by striking paragraph (4) and
inserting the following:
``(4) Exception for insular areas.--
``(A) In general.--Effective beginning for fiscal
year 2003, in lieu of the matching funds requirement of
paragraph (1), the insular areas of the Commonwealth of
Puerto Rico, Guam, and the Virgin Islands of the United
States shall provide matching funds from non-Federal
sources in an amount equal to not less than 50 percent
of the formula funds distributed by the Secretary to
each of the insular areas, respectively, under this
section.
``(B) Waivers.--The Secretary may waive the
matching fund requirement of subparagraph (A) for any
fiscal year if the Secretary determines that the
government of the insular area will be unlikely to meet
the matching requirement for the fiscal year.''.
SEC. 777. EDUCATION GRANTS FOR PACIFIC ISLANDER SERVING INSTITUTIONS.
Section 759(b) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2000 (7 U.S.C.
3242(b)), is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(2) by inserting after the subsection heading the
following:
``(1) Definition of pacific islander serving institution.--
In this subsection, the term `Pacific Islander serving
institution' includes--
``(A) a land-grant institution in Guam, American
Samoa, or the Commonwealth of the Northern Mariana
Islands; and
``(B) the College of Micronesia.'';
(3) in paragraph (2) (as so redesignated), by striking
``Native Hawaiian serving institutions'' the second place it
appears and inserting ``Native Hawaiian serving institutions or
Pacific Islander serving institutions; and
(4) in paragraph (3) (as so redesignated)--
(A) by striking ``Native Hawaiian serving
institutions'' each place it appears and inserting
``Native Hawaiian serving institutions or Pacific
Islander serving institutions''; and
(B) in subparagraph (C), by inserting ``and
affiliated Pacific insular areas served by Pacific
Islander serving institutions'' after ``United
States''.
Subtitle E--Other Laws
SEC. 781. CRITICAL AGRICULTURAL MATERIALS.
Section 16(a) of the Critical Agricultural Materials Act (7 U.S.C.
178n(a)) is amended by striking ``2002'' and inserting ``2006''.
SEC. 782. RESEARCH FACILITIES.
Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a)) is
amended by striking ``2002'' and inserting ``2006''.
SEC. 783. FEDERAL AGRICULTURAL RESEARCH FACILITIES.
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 ``2002'' and inserting ``2006''.
SEC. 784. COMPETITIVE, SPECIAL, AN
2000
D FACILITIES RESEARCH GRANTS.
The Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 450i) is amended in subsection (b)--
(1) in paragraph (2), by striking ``in--'' and all that
follows and inserting ``, as those needs are determined by the
Secretary, in consultation with the National Agricultural
Research, Extension, Education, and Economics Advisory Board,
not later than July 1 of each fiscal year for the purposes of
the following fiscal year.''; and
(2) in paragraph (10), by striking ``2002'' and inserting
``2006''.
SEC. 785. RISK MANAGEMENT EDUCATION FOR BEGINNING FARMERS AND RANCHERS.
Section 524(a)(3) of the Federal Crop Insurance Act (7 U.S.C.
1524(a)(3)) is amended by striking subparagraph (A) and inserting the
following:
``(A) Authority.-- The Secretary, acting through
the Cooperative State Research, Education, and
Extension Service, shall establish a program under
which competitive grants are made to qualified public
and private entities (including land-grant colleges and
universities, cooperative extension services, colleges
or universities, and community colleges), as determined
by the Secretary, for the purpose of--
``(i) educating producers generally about
the full range of risk management activities,
including futures, options, agricultural trade
options, crop insurance, cash forward
contracting, debt reduction, production
diversification, farm resources risk reduction,
and other risk management strategies; or
``(ii) educating beginning farmers and
ranchers--
``(I) in the areas described in
clause (i); and
``(II) in risk management
strategies, as part of programs that
are specifically targeted at beginning
farmers and ranchers.''.
SEC. 786. AQUACULTURE.
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809)
is amended by striking ``2002'' each place it appears and inserting
``2006''.
Subtitle F--New Authorities
SEC. 791. DEFINITIONS.
In this subtitle:
(1) Department.--The term ``Department'' means the
Department of Agriculture.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 792. REGULATORY AND INSPECTION RESEARCH.
(a) Definitions.--In this section:
(1) Inspection or regulatory agency of the department.--The
term ``inspection or regulatory agency of the Department''
includes--
(A) the Animal and Plant Health Inspection Service;
(B) the Food Safety and Inspection Service;
(C) the Grain Inspection, Packers, and Stockyards
Administration; and
(D) the Agricultural Marketing Service.
(2) Urgent applied research needs.--The term ``urgent,
applied research needs'' includes research necessary to carry
out--
(A) agricultural marketing programs;
(B) programs to protect the animal and plant
resources of the United States; and
(C) educational programs or special studies to
improve the safety of the food supply of the United
States.
(b) Timely, Cost-Effective Research.--To meet the urgent applied
research needs of inspection or regulatory agencies of the Department,
the Secretary--
(1) may use a public or private source; and
(2) shall use the most practicable source to provide
timely, cost-effective means of providing the research.
(c) Conflicts of Interest.--The Secretary shall establish
guidelines to prevent any conflict of interest that may arise if an
inspection or regulatory agency of the Department obtains research from
any Federal agency the work or technology transfer efforts of which are
funded in part by an industry subject to the jurisdiction of the
inspection or regulatory agency of the Department.
(d) Regulations.--The Secretary may promulgate such regulations as
are necessary to carry out this section.
SEC. 793. EMERGENCY RESEARCH TRANSFER AUTHORITY.
(a) In General.--Subject to subsection (b), in addition to any
other authority that the Secretary may have to transfer appropriated
funds, the Secretary may transfer up to 2 percent of any appropriated
funds made available to an office or agency of the Department for a
fiscal year for agricultural research, extension, marketing, animal and
plant health, nutrition, food safety, nutrition education, or forestry
programs to any other appropriation for an office or agency of the
Department for emergency research, extension, or education activities
needed to address imminent threats to animal and plant health, food
safety, or human nutrition, including bioterrorism.
(b) Limitations.--The Secretary may transfer funds under subsection
(a) only--
(1) on a determination by the Secretary that the need is so
imminent that the need will not be timely met by annual,
supplemental, or emergency appropriations;
(2) in an aggregate amount that does not exceed $5,000,000
for any fiscal year; and
(3) with the approval of the Director of the Office of
Management and Budget.
SEC. 794. REVIEW OF AGRICULTURAL RESEARCH SERVICE.
(a) In General.--The Secretary shall conduct a review of the
purpose, efficiency, effectiveness, and impact on agricultural research
of the Agricultural Research Service.
(b) Administration.--In conducting the review, the Secretary shall
use persons outside the Department, including--
(1) Federal scientists;
(2) college and university faculty;
(3) private and nonprofit scientists; or
(4) other persons familiar with the Agricultural Research
Service and the role of the Service in conducting agricultural
research in the United States.
(c) Report.--Not later than September 30, 2004, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report on the results of the review.
(d) Funding.--The Secretary shall use to carry out this section not
more than 0.1 percent of the amount of appropriations made available to
the Agricultural Research Service for each of fiscal years 2002 through
2004.
SEC. 795. TECHNOLOGY TRANSFER FOR RURAL DEVELOPMENT.
(a) In General.--The Secretary, acting through the Rural Business-
Cooperative Service and the Agricultural Research Service, shall
establish a program to promote the availability of technology transfer
opportunities of the Department to rural businesses and residents.
(b) Components of Program.--The program shall, to the maximum
extent practicable, include--
(1) a website featuring information about the program and
technology transfer opportunities of the Department;
(2) an annual joint program for State economic development
directors and Department rural development directors regarding
technology transfer opportunities of the Agricultural Research
Service and other offices and agencies of the Department; and
(3) technology transfer opportunity programs at each
Agricultural Research Service laboratory, conducted at least
biennially, which may include participation by other local
Federal laboratories, as appropriate.
(c) Funding.-
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-The Secretary shall use to carry out this section--
(1) amounts made available to the Agricultural Research
Service; and
(2) amounts made available to the Rural Business-
Cooperative Service for salaries and expenses.
SEC. 796. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.
(a) Definition of Beginning Farmer or Rancher.--In this section,
the term ``beginning farmer or rancher'' means a person that--
(1)(A) has not operated a farm or ranch; or
(B) has operated a farm or ranch for not more than 10
years; and
(2) meets such other criteria as the Secretary may
establish.
(b) Program.--The Secretary shall establish a beginning farmer and
rancher development program to foster training, education, outreach,
and technical assistance initiatives for beginning farmers or ranchers.
(c) Grants.--
(1) In general.--In carrying out this section, the
Secretary shall make competitive grants to support new and
established local and regional training, education, outreach,
and technical assistance initiatives for beginning farmers or
ranchers, including programs and services (as appropriate)
relating to--
(A) mentoring, apprenticeships, and internships;
(B) resources and referral;
(C) assisting beginning farmers or ranchers in
acquiring land from retiring farmers and ranchers;
(D) innovative farm and ranch transfer strategies;
(E) entrepreneurship and business training;
(F) model land leasing contracts;
(G) financial management training;
(H) whole farm planning;
(I) conservation assistance;
(J) risk management education;
(K) diversification and marketing strategies;
(L) curriculum development;
(M) understanding the impact of combination and
globalization;
(N) basic livestock and crop farming practices;
(O) the acquisition and management of agricultural
credit;
(P) environmental compliance;
(Q) information processing; and
(R) other similar subject areas of use to beginning
farmers or ranchers.
(2) Eligibility.--To be eligible to receive a grant under
this subsection, the recipient shall be a collaborative State,
local, or regionally-based network or partnership of public or
private entities, which may include--
(A) a State cooperative extension service;
(B) a Federal or State agency;
(C) a community-based and nongovernmental
organization;
(D) a college or university (including an
institution awarding an associate's degree); or
(E) any other appropriate partner, as determined by
the Secretary.
(3) Term of grant.--The term of a grant under this
subsection shall not exceed 3 years.
(4) Matching requirement.--To be eligible to receive a
grant under this subsection, a recipient shall provide a match
in the form of cash or in-kind contributions in an amount equal
to 25 percent of the funds provided by the grant.
(5) Set-aside.--Not less than 25 percent of funds used to
carry out this subsection for a fiscal year shall be used to
support programs and services that address the needs of limited
resource and socially disadvantaged beginning farmers or
ranchers.
(6) Prohibition.--A grant made under this subsection may
not be used for the planning, repair, rehabilitation,
acquisition, or construction of a building or facility.
(d) Education Teams.--
(1) In general.--The Secretary shall establish, and develop
curricula for, beginning farmer and rancher education teams to
conduct educational programs and workshops for beginning
farmers or ranchers in diverse geographical areas of the United
States.
(2) Curriculum.--In developing the curricula for the
education teams, the Secretary shall, to the maximum extent
practicable, include modules tailored to specific audiences of
beginning farmers or ranchers, based on crop or regional
diversity.
(3) Composition.--In establishing an education team for a
specific program or workshop, the Secretary shall, to the
maximum extent practicable--
(A) obtain the short-term services of specialists
with knowledge and expertise in programs serving
beginning farmers or ranchers; and
(B) use officers and employees of the Department
with direct experience in programs of the Department
that may be taught as part of the curriculum for the
program or workshop.
(4) Cooperation.--In carrying out this subsection, the
Secretary shall cooperate, to the maximum extent practicable,
with--
(A) State cooperative extension services;
(B) Federal and State agencies;
(C) community-based and nongovernmental
organizations;
(D) colleges and universities (including community
colleges) or research foundations maintained by a
college or university; and
(E) other appropriate partners, as determined by
the Secretary.
(e) Curriculum and Training Clearinghouse.--The Secretary shall
establish an online clearinghouse that makes available to beginning
farmers or ranchers education curricula and training materials and
programs, which may include online courses for direct use by beginning
farmers or ranchers.
(f) Stakeholder Input.--In carrying out this section, the Secretary
shall seek stakeholder input from--
(1) beginning farmers and ranchers; and
(2) national, State, and local organizations and other
persons with expertise in operating beginning farmer and
rancher programs.
(g) Participation by Other Farmers and Ranchers.--Nothing in this
section prohibits the Secretary from allowing farmers and ranchers who
are not beginning farmers or ranchers from participating in programs
authorized under this section to the extent that the Secretary
determines that such participation is appropriate and will not detract
from the primary purpose of educating beginning farmers and ranchers.
(h) Funding.--
(1) Fees and contributions.--
(A) In general.--The Secretary may--
(i) charge a fee to cover all or part of
the costs of curriculum development and the
delivery of programs or workshops provided by--
(I) a beginning farmer and rancher
education team established under
subsection (d); or
(II) the online clearinghouse
established under subsection (e); and
(ii) notwithstanding chapter 63 of title
31, United States Code, accept contributions
from cooperating entities to cover all or part
of the costs for the delivery of programs or
workshops by the beginning farmer and rancher
education teams.
(B) Availability.--Fees and contributions received
by the Secretary under subparagraph (A) shall--
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(i) be deposited in the account that
incurred the costs to carry out this section;
(ii) be available to the Secretary without
further appropriation;
(iii) remain available until expended; and
(iv) be in addition to any funds made
available under paragraph (2).
(2) Transfers.--
(A) In general.--Not later than 30 days after the
date of enactment of this Act, and on October 1, 2002,
and each October 1 thereafter through October 1, 2005,
out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this section
$15,000,000, to remain available for 2 years.
(B) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the
funds transferred under subparagraph (A), without
further appropriation.
SEC. 797. SENSE OF CONGRESS REGARDING DOUBLING OF FUNDING FOR
AGRICULTURAL RESEARCH AND INCREASING CAPACITY FOR
RESEARCH ON BIOSECURITY AND ANIMAL AND PLANT HEALTH
DISEASES.
(a) Doubling of Funding for Agricultural Research.--It is the sense
of Congress that--
(1) Federal funding for food and agricultural research has
been essentially constant for 2 decades, putting at risk the
scientific base on which food and agricultural advances have
been made;
(2) the resulting increase in the relative proportion of
private sector, industry investments in food and agricultural
research has led to questions about the independence and
objectivity of research and outreach conducted by the Federal
and university research sectors; and
(3) funding for food and agricultural research should be at
least doubled over the next 5 fiscal years--
(A) to restore the balance between public and
private sector funding for food and agricultural
research; and
(B) to maintain the scientific base on which food
and agricultural advances are made.
(b) Increasing Capacity for Research on Biosecurity and Animal and
Plant Health Diseases.--It is the sense of Congress that funding for
the Agricultural Research Service, the Animal and Plant Health
Inspection Service, and other agencies of the Department of Agriculture
with responsibilities for biosecurity should be increased as necessary
to improve the capacity of the agencies to conduct research and
analysis of, and respond to, bioterrorism and animal and plant
diseases.
SEC. 798. RURAL POLICY RESEARCH.
(a) In General.--There is established in the Treasury of the United
States an account to be known as the ``Rural Research Fund Account''
(referred to in this section as the ``Account'') to provide funds for
activities described in subsection (c).
(b) Funding.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, and on October 1, 2002, and each October
1 thereafter through October 1, 2005, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Account to carry out this
section $15,000,000, to remain available for 2 years.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further appropriation.
(c) Purposes.--The Secretary shall use the funds in the Account to
make competitive research grants for applied and outcome oriented
research and policy research and analysis of rural issues relating to--
(1) rural sociology;
(2) effects of demographic change, including aging
population, outmigration, and labor resources;
(3) needs of groups of rural citizens, including senior
citizens, families, youth, children, and socially disadvantaged
individuals;
(4) rural community development;
(5) rural infrastructure, including water and waste,
community facilities, telecommunications, electricity, and
high-speed broadband services;
(6) rural business development, including credit, venture
capital, cooperatives, value-added enterprises, new and
alternative markets, farm and rural enterprise formation, and
entrepreneurship;
(7) farm management, including strategic planning, business
and marketing opportunities, risk management, natural resources
and environmental management, organic and sustainable farming
systems, and intergenerational transfer strategies;
(8) rural education and extension programs, including
methods of delivery, availability of resources, and use of
distance learning; and
(9) rural health, including mental health, on-farm safety,
and food safety.
(d) Requirements.--In making grants under this section, the
Secretary shall--
(1) solicit and consider public input from persons who
conduct or use agricultural research, extension, education, or
rural development programs; and
(2) ensure that funded proposals will provide high-quality
research that may be of use to public policymakers and private
entities in making decisions that affect development in rural
areas.
(e) Eligible Grantees.--The Secretary may make a grant under this
section to--
(1) an individual;
(2) a college or university or a research foundation
maintained by a college or university;
(3) a State cooperative institution;
(4) a community college;
(5) a nonprofit organization, institution, or association;
(6) a business association;
(7) an agency of a State, local, or tribal government; or
(8) a regional partnership of public and private agencies.
(f) Term.--A grant under this section shall have a term that does
not exceed 5 years.
(g) Matching Funds.--
(1) In general.--Subject to paragraph (2), the Secretary
may require as a condition of the grant that the grant funding
be matched, in whole or in part, with matching funds from a
non-Federal source.
(2) Business associations.--The Secretary shall require
that a grant to a business association be matched with equal
matching funds from a non-Federal source.
(h) Administrative Costs.--The Secretary may use not more than 4
percent of the funds made available for grants under this section to
pay administrative costs incurred by the Secretary in carrying out this
section.
SEC. 798A. PRIORITY FOR FARMERS AND RANCHERS PARTICIPATING IN
CONSERVATION PROGRAMS.
In carrying out new on-farm research or extension programs or
projects authorized by this Act or any Act enacted after the date of
enactment of this Act, the Secretary of Agriculture shall give priority
in carrying out the programs or projects to using farms or ranches of
farmers or ranchers that participate in Federal agricultural
conservation programs.
SEC. 798B. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
The Secretary shall ensure that segregated data on the production
and marketing of organic agricultural products is included in the
ongoing baseline of data collection regarding agricultural production
and marketing.
Subtitle G--Administration
SEC. 799. EFFECT OF AMENDMENTS.
(a) In General.--Except as otherwise specifically provided in this
title and notwithstanding any other provision of law, this titl
2000
e and
the amendments made by this title shall not affect the authority of the
Secretary of Agriculture to carry out a research, extension, or
education program for any of the 1996 through 2002 fiscal years under a
provision of law in effect immediately before the date of enactment of
this Act.
(b) Liability.--A provision of this title or an amendment made by
this title shall not affect the liability of any person under any
provision of law as in effect immediately before the date of enactment
of this Act.
TITLE VIII--FORESTRY
SEC. 801. OFFICE OF INTERNATIONAL FORESTRY.
Section 2405(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 6704(d)) is amended by striking ``2002'' and
inserting ``2006''.
SEC. 802. MCINTIRE-STENNIS COOPERATIVE FORESTRY RESEARCH PROGRAM.
It is the sense of Congress to reaffirm the importance of Public
Law 87-88 (16 U.S.C. 582a et seq.), commonly known as the McIntire-
Stennis Cooperative Forestry Act.
SEC. 803. SUSTAINABLE FORESTRY OUTREACH INITIATIVE; RENEWABLE RESOURCES
EXTENSION ACTIVITIES.
(a) Sustainable Forestry Outreach Initiative.--The Renewable
Resources Extension Act of 1978 is amended by inserting after section
5A (16 U.S.C. 1674a) the following:
``SEC. 5B. SUSTAINABLE FORESTRY OUTREACH INITIATIVE.
``The Secretary shall establish a program, to be known as the
`Sustainable Forestry Outreach Initiative', to educate landowners
concerning--
``(1) the value and benefits of practicing sustainable
forestry;
``(2) the importance of professional forestry advice in
achieving sustainable forestry objectives; and
``(3) the variety of public and private sector resources
available to assist the landowners in planning for and
practicing sustainable forestry.''.
(b) Renewable Resources Extension Activities.--
(1) Authorization of appropriations.--Section 6 of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is
amended in the first sentence by striking ``2002'' and
inserting ``2006''.
(2) Effective date.--Section 8 of the Renewable Resources
Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95-306)
is amended by striking ``2000'' and inserting ``2006''.
SEC. 804. FORESTRY INCENTIVES PROGRAM.
Section 4(j) of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2103(j)) is amended by striking ``2002'' and inserting ``2006''.
SEC. 805. SUSTAINABLE FORESTRY COOPERATIVE PROGRAM.
The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 5 (16 U.S.C. 2103a) the following:
``SEC. 5A. SUSTAINABLE FORESTRY COOPERATIVE PROGRAM.
``(a) Definitions.--In this section:
``(1) Forestry cooperative.--The term `forestry
cooperative' means an association that is--
``(A) owned and operated by nonindustrial private
forest landowners; and
``(B) comprised of members--
``(i) of which at least 50 percent are
farmers or ranchers; and
``(ii) that use sustainable harvesting
practices on private forest land to create a
long-term, sustainable income stream.
``(2) Nonindustrial private forest land.--The term
`nonindustrial private forest land' has the meaning given the
term `nonindustrial private forest lands' in section 5(c).
``(b) Establishment.--The Secretary shall establish a program, to
be known as the `sustainable forestry cooperative program', under which
the Secretary shall provide, to nonprofit organizations on a
competitive basis, grants to establish, and support sustainable
harvesting practices carried out by members of, forestry cooperatives.
``(c) Use of Funds.--
``(1) In general.--Subject to paragraph (2), funds from a
grant provided under this section shall be used for--
``(A) predevelopment, development, start-up,
capital acquisition, and marketing costs associated
with a forestry cooperative; or
``(B) the development or support of a sustainable
forestry practice of a member of a forestry
cooperative.
``(2) Conditions.--
``(A) Development.--The Secretary shall provide
funds under paragraph (1)(A) for the development of a
new forestry cooperative only to a nonprofit
organization with demonstrated expertise in cooperative
development, as determined by the Secretary.
``(B) Compliance with plan.--A sustainable forestry
practice developed or supported through the use of
funds from a grant under this section shall comply with
any applicable standards for sustainable forestry
described in a comprehensive forest management plan (as
defined in section 6(b)(4)) approved by the State
forester (or equivalent State official).
``(d) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this section, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary of Agriculture to
carry out this section $2,000,000, to remain available until
expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further
appropriation.''.
SEC. 806. SUSTAINABLE FOREST MANAGEMENT PROGRAM.
The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 6 (16 U.S.C. 2103b) the following:
``SEC. 6A. SUSTAINABLE FOREST MANAGEMENT PROGRAM.
``(a) Findings and Purposes.--
``(1) Findings.--Congress finds that--
``(A) the United States is becoming increasingly
dependent on nonindustrial private forest land to
supply necessary market commodities and nonmarket
conservation values;
``(B) there is a strong demand for expanded
assistance programs for owners of nonindustrial private
forest land because the majority of the wood supply of
the United States comes from nonindustrial private
forest land;
``(C) soil, water, and air quality, fish and
wildlife habitat, aesthetic values, and opportunities
for outdoor recreation in the United States would be
maintained and improved through good stewardship of
nonindustrial private forest land;
``(D) the products and services resulting from
stewardship of nonindustrial private forest land
contribute to the economic, social, and ecological
health and diversity of rural communities;
``(E) catastrophic wildfires threaten human lives,
property, forests, and other resources;
``(F) Federal and State cooperation in forest fire
prevention and control has proven effective and
valuable because properly managed forest stands are
less susceptible to catastrophic fire, as demonstrated
by the catastrophic fire seasons of 1998 and 2000;
``(G) owners of private nonindustrial forest land
face increased pressure to make that land available for
development and other uses, resulting in forest land
loss and fragmentation that redu
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ces the ability of
private forest land to provide a full range of societal
benefits;
``(H)(i) complex, long-rotation forest investments,
including sustainable hardwood management are often the
most difficult commitments for owners of nonindustrial
private forest land; and
``(ii) such investments on nonindustrial private
forest land should receive consideration equal to that
given to owners with other management objectives for
nonindustrial private forest land under cost-share
programs;
``(I) the investment of a single Federal dollar in
State and private forestry programs is estimated to
leverage, on the average, $9 from State, local, and
private sources; and
``(J) comprehensive, multiresource planning
assistance made available to each landowner before the
provision of technical assistance would provide an
opportunity to ensure that the landowner is aware of
the many projects and activities eligible for cost-
share assistance.
``(2) Purposes.--The purposes of this section are--
``(A) to strengthen the commitment of the Secretary
to sustainable forest management to enhance the
productivity of timber, fish and wildlife habitat, soil
and water quality, wetland, recreational resources, and
aesthetic values of forest land; and
``(B) to establish a coordinated and cooperative
Federal, State, and local sustainable forestry program
for the establishment, management, maintenance,
enhancement, and restoration of forests on
nonindustrial private forest land.
``(b) Definitions.--In this section:
``(1) Committee.--The term `Committee' means a State Forest
Stewardship Coordinating Committee.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(3) Initiative.--The term `initiative' means the
Sustainable Forest Management Program established under
subsection (c)(1).
``(4) Management plan.--The term `management plan' means a
comprehensive stewardship or forest management plan submitted
under section 5(f)(1).
``(5) Nonindustrial private forest land.--The term
`nonindustrial private forest land' has the meaning given the
term `nonindustrial private forest lands' in section 5(c).
``(6) Owner.--The term `owner' means an owner of
nonindustrial private forest land.
``(7) State forester.--The term `State forester' means the
director or other head of a State forestry agency (or an
equivalent State official).
``(c) Establishment.--
``(1) In general.--The Secretary shall establish a
sustainable forest management program to--
``(A) provide financial assistance to State
foresters; and
``(B) encourage the long-term sustainability of
nonindustrial private forest land in the United States
by assisting the owners of nonindustrial private forest
land in more actively managing the nonindustrial
private forest land and related resources of those
owners through the use of State, Federal, and private
sector resource management expertise, financial
assistance, and educational programs.
``(2) Coordination.--The Secretary, through the State
foresters, shall implement the initiative--
``(A) in coordination with the Committees; and
``(B) in consultation with--
``(i) other Federal, State, and local
natural resource management agencies;
``(ii) institutions of higher education;
and
``(iii) a full range of private sector
interests.
``(d) State Priority Plan.--
``(1) In general.--As a condition of receipt of funding
under the initiative, a State Forester and the Committee of the
State shall jointly develop and submit to the Secretary a 5-
year plan that describes the funding priorities of the State in
meeting the goals of the initiative.
``(2) Public participation.--The plan submitted to the
Secretary under paragraph (1) shall include documentation of
the efforts of the State to provide for public participation in
the development of the plan.
``(e) Objectives.--The Secretary shall allocate resources of the
Secretary among States in accordance with subsection (k) to ensure, in
accordance with the plan of each State described in subsection (d)--
``(1) the investment in practices to establish, restore,
protect, manage, maintain, and enhance the health and
productivity of the nonindustrial private forest land in the
United States;
``(2) the occurrence of afforestation, reforestation,
improvement of poorly stocked stands, timber stand improvement,
practices necessary to improve seedling growth and survival,
and growth enhancement practices as needed to enhance and
sustain the long-term productivity of timber and nontimber
forest resources to--
``(A) meet projected public demand for forest
resources; and
``(B) provide environmental benefits;
``(3) the protection of riparian buffers and forest
wetland;
``(4) the maintenance and enhancement of fish and wildlife
habitat;
``(5) the enhancement of soil, air, and water quality;
``(6) through the use of agroforestry practices, the
reduction of soil erosion and maintenance of soil quality;
``(7) the maintenance and enhancement of the forest
landbase;
``(8) the reduction of the threat of catastrophic
wildfires; and
``(9) the preservation of aesthetic quality and
opportunities for outdoor recreation.
``(f) Eligibility.--
``(1) Cost share assistance.--
``(A) In general.--Except as provided in paragraph
(2), an owner shall be eligible to receive cost-share
assistance from a State forester under the initiative
if the owner--
``(i) develops a management plan in
accordance with subsection (g) that--
``(I) addresses site-specific
activities and practices; and
``(II) is approved by the State
forester;
``(ii) agrees to implement approved
activities in accordance with a management plan
for a period of not less than 10 years, unless
the State forester approves a modification to
the management plan; and
``(iii) except as provided in subparagraph
(B), owns not more than 1,000 acres of
nonindustrial private forest land.
``(B) Exception for significant public benefits.--
The Secretary may approve the provision of cost-share
assistance to an owner that owns more than 1,000 but
2000
less than 5,000 acres of nonindustrial private forest
land if the Secretary, in consultation with the
appropriate Committee, determines that significant
public benefits will accrue as a result of the
approval.
``(2) Payment for plan development.--The Secretary, through
a State forester, may provide cost-share assistance to an owner
to develop a management plan.
``(3) Limitations.--An owner shall receive no cost-share
assistance for management of nonindustrial private forest land
under this section if the owner receives cost-share assistance
for that land under--
``(A) the forestry incentives program under section
4; or
``(B) the stewardship incentives program under
section 6.
``(4) Rate; schedule.--The Secretary shall determine the
rate and timing of cost-share payments.
``(5) Amount.--
``(A) Percentage of cost.--Subject to subparagraph
(B), a cost-share payment shall not exceed the lesser
of an amount equal to--
``(i) 75 percent of the total cost of
implementing the project or activity; or
``(ii) such lesser percentage of the total
cost of implementing the project or activity as
is determined by the appropriate State
forester.
``(B) Aggregate payment limit.--The Secretary shall
determine the maximum aggregate amount of cost-share
payments that an owner may receive under this section.
``(6) State priorities.--The Secretary, in consultation
with the appropriate State forester and Committee, and in
consultation with a professional resource manager, may
establish State priorities for cost sharing under the
initiative that, consistent with the objectives of the
initiative, will promote the forest management objectives of
the State.
``(g) Management plan.--An owner that seeks to enroll nonindustrial
private forest land in the initiative shall--
``(1) submit to the State forester a management plan that--
``(A) meets the requirements of this section; and
``(B)(i) is prepared by a professional resource
manager;
``(ii) identifies and describes projects and
activities to be carried out by the owner to protect
soil, water, air, range, and aesthetic quality,
recreation, timber, water, wetland, and fish and
wildlife resources on the land in a manner that is
compatible with the objectives of the owner;
``(iii) addresses any criteria established by the
applicable State and the applicable Committee; and
``(iv)(I) at a minimum, applies to the portion of
the land on which any project or activity funded under
the initiative will be carried out; or
``(II) in a case in which a project or activity
described in subclause (I) may affect acreage outside
the portion of the land on which the project or
activity is carried out, applies to all land of the
owner that is in forest cover and that may potentially
be affected by the project or activity; and
``(2) agree that all projects and activities conducted on
the land shall be consistent with the management plan.
``(h) Approved Activities.--
``(1) In general.--The Secretary, in consultation with the
State forester and the appropriate Committee, shall develop for
each State a list of approved forest activities and practices
eligible for cost-share assistance under the initiative.
``(2) Types of activities.--Approved activities and
practices under paragraph (1) shall consist of activities and
practices to establish, restore, manage, maintain, and enhance
forests and trees through--
``(A) the establishment, management, maintenance,
and restoration of forests for shelterbelts,
windbreaks, aesthetic quality, and other conservation
purposes;
``(B) the sustainable growth and management of
forests for timber production;
``(C) the restoration, use, and enhancement of
forest wetland and riparian areas;
``(D) the protection of water quality and
watersheds through--
``(i) the planting of trees in riparian
areas; and
``(ii) the enhanced management and
maintenance of native vegetation on land vital
to water quality;
``(E) the preservation, restoration, or development
of habitat for plants, fish, and wildlife;
``(F)(i) the control, detection, monitoring, and
prevention of the spread of invasive species and pests
on nonindustrial private forest land; and
``(ii) the provision of resources for the
restoration of nonindustrial private forest land
affected by invasive species and pests;
``(G) the restoration of natural forests;
``(H) the conduct of other management activities,
such as the reduction of hazardous fuel use, that
reduce the risks to forests posed by, and that restore,
recover, and mitigate the damage to forests caused by,
fire;
``(I) the development of management plans;
``(J) the acquisition of permanent easements to
maintain natural forest cover and protect important
forest values; and
``(K) the conduct of other activities approved by
the Secretary, in consultation with the State forester
and the appropriate Committees.
``(i) Failure To Comply.--
``(1) In general.--The Secretary shall establish a
procedure to recoup cost-share payments made to an owner under
this section in any case in which the owner fails to implement
a project or activity in accordance with the management plan.
``(2) Additional authority.--The authority under paragraph
(1) is in addition to any other authority available to the
Secretary.
``(j) Reports.--
``(1) Interim report.--Not later than 2 years and 180 days
after the date of implementation of a State priority plan under
subsection (d), the State implementing the plan shall submit to
the Secretary an interim report describing the status of
projects and activities funded under the plan as of that date.
``(2) Final report.--Not later than 5 years after the date
of implementation of a State priority plan under subsection
(d), the State implementing the plan shall submit to the
Secretary a final report describing the status of all projects
and activities funded under the plan as of that date.
``(k) Distribution.--The Secretary, through the State foresters,
shall distribute funds available for cost sharing under the initiative
only after--
``(1) assessing public benefits that would result from the
distribution; and
``(2) considering--
``(A) the total acreage of nonindustrial private
forest land in each State (considering the objectives
2000
of the initiative as described in subsection (e));
``(B) the potential productivity of that land;
``(C) the number of owners eligible for cost
sharing in each State;
``(D) the opportunities to enhance nontimber
resources on that land, including--
``(i) the protection of riparian buffers
and forest wetland;
``(ii) the preservation of fish and
wildlife habitat;
``(iii) the enhancement of soil, air, and
water quality; and
``(iv) the preservation of aesthetic
quality and opportunities for outdoor
recreation;
``(E) the anticipated demand for timber and
nontimber resources in each State;
``(F) the need to improve forest health to minimize
the damaging effects of catastrophic fire, insects,
disease, or weather;
``(G) the need and demand for agroforestry
practices in each State;
``(H) the need to maintain and enhance the forest
landbase; and
``(I) the need for afforestation, reforestation,
and timber stand improvement.
``(l) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this section, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary of Agriculture to
carry out this section $48,000,000, to remain available until
expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further
appropriation.''.
SEC. 807. ENHANCED COMMUNITY FIRE PROTECTION.
(a) Findings.--Congress finds that--
(1) the severity and intensity of wildfires have increased
dramatically over the past few decades as a result of past fire
and land management policies;
(2) the record 2000 fire season is a prime example of what
can be expected if action is not taken to reduce the risk of
catastrophic wildfires;
(3) wildfires threaten not only the forested resources of
the United States, but also the thousands of communities
intermingled with wildland in the wildland-urban interface;
(4) wetland forests provide essential ecological services,
such as filtering pollutants, buffering important rivers and
estuaries, and minimizing flooding, that make the protection
and restoration of those forests worthy of special focus;
(5) the National Fire Plan, if implemented to achieve
appropriate priorities, is the proper, coordinated, and most
effective means to address the issue of wildfires;
(6) while adequate authorities exist to address the problem
of wildfires at the landscape level on Federal land, there is
limited authority to take action on most private land where the
largest threat to life and property lies; and
(7) there is a significant Federal interest in enhancing
the protection of communities from wildfire.
(b) Enhanced Protection.--The Cooperative Forestry Assistance Act
of 1978 is amended by inserting after section 10 (16 U.S.C. 2106) the
following:
``SEC. 10A. ENHANCED COMMUNITY FIRE PROTECTION.
``(a) Cooperative Management Relating to Wildfire Threats.--
Notwithstanding the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.), the Secretary may cooperate with State foresters
and equivalent State officials to--
``(1) assist in the prevention, control, suppression, and
prescribed use of fires (including through the provision of
financial, technical, and related assistance);
``(2) protect communities from wildfire threats;
``(3) enhance the growth and maintenance of trees and
forests in a manner that promotes overall forest health; and
``(4) ensure the continued production of all forest
resources, including timber, outdoor recreation opportunities,
wildlife habitat, and clean water, through conservation of
forest cover on watersheds, shelterbelts, and windbreaks.
``(b) Community and Private Land Fire Assistance Program.--
``(1) In general.--The Secretary shall establish a program
to be known as the `Community and Private Land Fire Assistance
Program' (referred to in this section as the `Program')--
``(A) to focus the Federal role in promoting
optimal firefighting efficiency at the Federal, State,
and local levels;
``(B) to provide increased assistance to Federal
projects that establish landscape level protection from
wildfires;
``(C) to expand outreach and education programs
concerning fire prevention to homeowners and
communities; and
``(D) to establish defensible space against
wildfires around the homes and property of private
landowners.
``(2) Administration and implementation.--The Program shall
be administered by the Secretary and carried out through the
State forester or equivalent State official.
``(3) Components.--Notwithstanding any other provision of
law, the Secretary may carry out under the Program, on National
Forest System land and non-Federal land determined by the
Secretary in consultation with State foresters and Committees--
``(A) fuel hazard mitigation and prevention;
``(B) invasive species management;
``(C) multiresource wildfire and community
protection planning for traditionally noncommercial
wood;
``(D) community and landowner education
enterprises, including the program known as `FIREWISE';
``(E) market development and expansion;
``(F) improved use of wood; and
``(G) restoration projects.
``(4) Considerations.--Notwithstanding the Competition in
Contracting Act of 1984 (10 U.S.C. 2340 note; 98 Stat. 1175) or
any other applicable law, in carrying out projects under the
Program, the Secretary shall contract with local persons or
entities to the maximum extent practicable.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $35,000,000 for
each of fiscal years 2002 through 2006.''.
SEC. 808. WATERSHED FORESTRY ASSISTANCE PROGRAM.
(a) Findings.--Congress finds that--
(1) there has been a dramatic shift in public attitudes and
perceptions about forest management, particularly in the
understanding and practice of sustainable forest management;
(2) it is commonly recognized that proper stewardship of
forest land is essential to--
(A) sustain and restore watershed health;
(B) produce clean water; and
(C) maintain healthy aquatic systems;
(3) forests are increasingly important to the protection
and sustainability of drinking water supplies for more than 1/2
of the population of the United States;
(4) forest loss and fragmentation in urbanizing areas are
contributing to flooding, degradation of urban stream
2000
habitat
and water quality, and public health concerns;
(5) scientific evidence and public awareness with respect
to the manner in which forest management can positively affect
water quality and quantity, and the manner in which trees,
forests, and forestry practices (such as forest buffers) can
serve as solutions to water quality problems in rural and urban
areas, are increasing;
(6) the application of forestry best management practices
developed at the State level has been found to greatly
facilitate the achievement of water quality goals;
(7) significant efforts are underway to revisit and make
improvements on needed forestry best management practices;
(8) according to a report #FS-660 of the Forest Service
entitled ``Water and the Forest Service'', forests are a
requirement for maintenance of clean water because--
(A) approximately 66 percent of the freshwater
resources of the United States originate on forests;
and
(B) forests cover approximately 1/3 of the land
area of the United States;
(8) because almost 500,000,000 acres, or approximately 2/3,
of the forest land of the United States is owned by non-Federal
entities, a significant burden is placed on private forest
landowners to provide or maintain the clean water needed by the
public for drinking, swimming, fishing, and a number of other
water uses;
(9) because the decisions made by individual landowners and
communities will affect the ability to maintain the health of
rural and urban watersheds in the future, there is a need to
integrate forest management, conservation, restoration, and
stewardship in watershed management;
(10) although water management is the primary
responsibility of States, the Federal Government has a
responsibility to promote and encourage the ability of States
and private forest landowners to sustain the delivery of clean,
abundant water from forest land;
(11) as of the date of enactment of this Act, the
availability of Federal assistance to support forest landowners
to achieve the water goals identified in many Federal laws
(including regulations) is lacking; and
(12) increased research for, education for, and technical
and financial assistance provided to, forest landowners and
communities that relate to the protection of watersheds and
improvement of water quality, are needed to realize the
expectations of the general public for clean water and healthy
aquatic systems.
(b) Purposes.--The purposes of this section are to--
(1) improve the understanding of landowners and the public
with respect to the relationship between water quality and
forest management;
(2) encourage landowners to maintain tree cover and use
tree plantings and vegetative treatments as creative solutions
to water quality and quantity problems associated with varying
land uses;
(3) enhance and complement source water protection in
watersheds that provide drinking water for municipalities;
(4) establish new partnerships and collaborative watershed
approaches to forest management, stewardship, and protection;
and
(5) provide technical and financial assistance to States to
deliver a coordinated program that through the provision of
technical, financial, and educational assistance to qualified
individuals and entities--
(A) enhances State forestry best management
practices programs; and
(B) protects and improves water quality on forest
land.
(c) Program.--The Cooperative Forestry Assistance Act of 1978 is
amended by inserting after section 5A (as added by section 805) the
following:
``SEC. 5B. WATERSHED FORESTRY ASSISTANCE PROGRAM.
``(a) Establishment.--The Secretary shall establish a watershed
forestry assistance program (referred to in this section as the
`program') to provide to States, through State foresters (as defined in
section 6A), technical, financial, and related assistance to--
``(1) expand forest stewardship capacities and activities
through State forestry best management practices and other
means at the State level; and
``(2) prevent water quality degradation, and address
watershed issues, on non-Federal forest land.
``(b) Watershed Forestry Education, Technical Assistance, and
Planning.--
``(1) Plan.--
``(A) In general.--In carrying out the program, the
Secretary shall cooperate with State foresters to
develop a plan, to be administered by the Secretary and
implemented by State foresters, to provide technical
assistance to assist States in preventing and
mitigating water quality degradation.
``(B) Participation.--In developing the plan under
subparagraph (A), the Secretary shall encourage
participation of interested members of the public
(including nonprofit private organizations and local
watershed councils).
``(2) Components.--The plan described in paragraph (1)
shall include provisions to--
``(A) build and strengthen watershed partnerships
focusing on forest land at the national, State,
regional, and local levels;
``(B) provide State forestry best management
practices and water quality technical assistance
directly to private landowners;
``(C) provide technical guidance relating to water
quality management through forest management in
degraded watersheds to land managers and policymakers;
``(D)(i) complement State nonpoint source
assessment and management plans established under
section 319 of the Federal Water Pollution Control Act
(33 U.S.C. 1329); and
``(ii) provide enhanced opportunities for
coordination and cooperation among Federal and State
agencies having responsibility for water and watershed
management under that Act; and
``(E) provide enhanced forest resource data and
support for improved implementation of State forestry
best management practices, including--
``(i) designing and conducting
effectiveness and implementation studies; and
``(ii) meeting in-State water quality
assessment needs, such as the development of
water quality models that correlate the
management of forest land to water quality
measures and standards.
``(c) Watershed Forestry Cost-Share Program.--
``(1) Establishment.--In carrying out the program, the
Secretary shall establish a watershed forestry cost-share
program, to be administered by the Secretary and implemented by
State foresters, to provide grants and other assistance for
eligible programs and projects described in paragraph (2).
``(2) Eligible programs and projects.--A State forestry
best management practices program or a watershed forestry
project may receive a grant or assistance under this subsection
if the program or project, as determined by the Secretary--
``(A) is consistent with--
2000
``(i) State nonpoint source assessment and
management plan objectives established under
section 319 of the Federal Water Pollution
Control Act (33 U.S.C. 1329); and
``(ii) the cost-share requirements of this
section; and
``(B) is designed to address critical forest
stewardship, watershed protection, and restoration
needs of a State through--
``(i) the use of trees and forests as
solutions to water quality problems in urban
and agricultural areas;
``(ii) community-based planning,
involvement, and action through State, local
and nonprofit partnerships;
``(iii) the application of and
dissemination of information on forestry best
management practices relating to water quality;
``(iv) watershed-scale forest management
activities and conservation planning; and
``(v) the restoration of wetland and stream
side forests and establishment of riparian
vegetative buffers.
``(3) Allocation.--
``(A) In general.--After taking into consideration
the criteria described in subparagraph (B), the
Secretary shall allocate among States, for award by
State foresters under paragraph (4), the amounts made
available to carry out this subsection.
``(B) Criteria.--The criteria referred to in
subparagraph (A) are--
``(i) the number of acres of forest land,
and land that could be converted to forest
land, in each State;
``(ii) the nonpoint source assessment and
management plans of each State, as developed
under section 319 of the Federal Water
Pollution Control Act (33 U.S.C. 1329);
``(iii) the acres of wetland forests that
have been lost or degraded or cases in which
forests may play a role in restoring wetland
resources;
``(iv) the number of non-Federal forest
landowners in each State; and
``(v) the extent to which the priorities of
States are designed to achieve a reasonable
range of the purposes of the program and, as a
result, contribute to the water-related goals
of the United States.
``(4) Award of grants and assistance.--
``(A) In general.--In implementing the program
under this subsection, the State forester, in
coordination with the State Coordinating Committee
established under section 19(b), shall provide annual
cost-share assistance to communities, nonprofit groups,
and landowners to carry out eligible programs and
projects described in paragraph (2).
``(B) Application.--A community, nonprofit group,
or landowner that seeks to receive cost-share
assistance under this subsection shall submit to the
Secretary an application, in such form and containing
such information as the Secretary may prescribe, for
the assistance.
``(C) Prioritization.--In awarding cost-share
assistance under this subsection, the Secretary shall
give priority to eligible programs and projects that
are identified by the State foresters and the State
Stewardship Committees as having a greater need for
assistance.
``(D) Award.--On approval by the Secretary of an
application under subparagraph (B), the State forester
shall award to the applicant, from funds allocated to
the State under paragraph (3), such amount of cost-
share assistance as is requested in the application.
``(5) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of carrying out any eligible program or project under
this subsection shall not exceed 75 percent, of which
not more than 50 percent may be in the form of
assistance provided under this subsection.
``(B) Non-federal share.--The non-Federal share of
the cost of carrying out any eligible program or
project under this subsection may be provided in the
form of cash, services, or in-kind contributions.
``(d) Watershed Forester.--In carrying out the program, the
Secretary shall provide to each State financial and technical
assistance to establish and fill a position of `Watershed Forester' to
lead State-wide programs and coordinate watershed-level projects.
``(e) Funding.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $20,000,000 for each of fiscal years
2002 through 2006.
``(2) Allocation.--Of the funds made available under
paragraph (1)--
``(A) 75 percent shall be used to carry out
subsection (c); and
``(B) 25 percent shall be used to carry out
provisions of this section other than subsection
(c).''.
SEC. 809. GENERAL PROVISIONS.
Section 13 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2109) is amended by striking subsection (f) and inserting the
following:
``(f) Grants, Contracts, and Other Agreements.--
``(1) In general.--In accordance with paragraph (2), the
Secretary may make such grants and enter into such contracts,
agreements, or other arrangements as the Secretary determines
are necessary to carry out this Act.
``(2) Assistance.--Notwithstanding any other provision of
this Act, the Secretary, with the concurrence of the applicable
State forester or equivalent State official, may provide
assistance under this Act directly to any public or private
entity, organization, or individual--
``(A) through a grant; or
``(B) by entering into a contract or cooperative
agreement.''.
SEC. 810. STATE FOREST STEWARDSHIP COORDINATING COMMITTEES.
Section 19(b) of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2113(b)) is amended--
(1) in paragraph (1)(B)(i), by inserting ``United States
Fish and Wildlife Service,'' before ``Forest Service''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) submit to the Secretary, the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate, an annual report that describes--
``(i) the list of members on the Committee
described in paragraph (1)(B); and
``(ii) for those members that may be
2000
included on the Committee, but are not included
because a determination that it is not
practicable to include the members has been
made, an explanation of the reasons for that
determination.''.
TITLE IX--ENERGY
SEC. 901. FINDINGS.
Congress finds that--
(1) there are many opportunities for the agricultural
sector and rural areas to produce renewable energy and increase
energy efficiency;
(2) investments in renewable energy and energy efficiency--
(A) enhance the energy security and independence of
the United States;
(B) increase farmer and rancher income;
(C) promote rural economic development;
(D) provide environmental and public health
benefits such as cleaner air and water; and
(E) improve electricity grid reliability, thereby
reducing the likelihood of blackouts and brownouts,
particularly during peak usage periods;
(3) the public strongly supports renewable energy
generation and energy efficiency improvements as an important
component of a national energy strategy;
(4)(A) the Federal Government is the country's largest
consumer of a vast array of products, spending in excess of
$200,000,000,000 per year;
(B) purchases and use of products by the Federal Government
leave a significant mark on the environment; and
(C) accordingly, the Federal Government should lead the way
in purchasing biobased products so as to minimize environmental
impacts while supporting domestic producers of biobased
products;
(5) the agricultural sector is a leading producer of
biobased products to meet domestic and international needs;
(6) agriculture can play a significant role in the
development of fuel cell and hydrogen-based energy
technologies, which are critical technologies for a clean
energy future;
(7)(A) wind energy is 1 of the fastest growing clean energy
technologies; and
(B) there are tremendous economic development and
environmental quality benefits to be achieved by developing
both large-scale and small-scale wind power projects on farms
and in rural communities;
(8) farm-based renewable energy generation can become one
of America's major ``cash crops'', improving the livelihoods of
hundreds of thousands of family farmers and others and
revitalizing rural communities;
(9)(A) evidence continues to mount that increases in
atmospheric concentrations of greenhouse gases are contributing
to global climate change; and
(B) agriculture can help in climate change mitigation by--
(i) storing carbon in soils, plants, and forests;
(ii) producing biofuels, chemicals, and power to
replace fossil fuels and petroleum-based products; and
(iii) reducing emissions by capturing gases from
animal feeding operations, changing agricultural land
practices, and becoming more energy efficient;
(10) because agricultural production is energy-intensive,
it is incumbent on the Federal Government to aid the
agricultural sector in reducing energy consumption and energy
costs;
(11)(A) one way to help farmers and others reduce energy
use is through professional energy audits;
(B) energy audits provide recommendations for improved
energy efficiency that, when acted on, offer an effective means
of reducing overall energy use and saving money; and
(C) energy savings of 10 to 30 percent can typically be
achieved, and greater savings are often realized;
(12) rural electric utilities are often geographically well
situated to develop renewable and distributed energy supplies,
enabling the utilities to diversify their energy portfolios and
afford their members or customers alternative energy sources,
which many such members and customers desire;
(13) fuel cells are a highly efficient, clean, and flexible
technology for generating electricity from hydrogen that
promises to improve the environment, electricity reliability,
and energy security;
(14)(A) because fuel cells can be made in any size, fuel
cells can be used for a wide variety of farm applications,
including powering farm vehicles, equipment, houses, and other
operations; and
(B) much of the initial use of fuel cells is likely to be
in remote and off-grid applications in rural areas; and
(15) hydrogen is a clean and flexible fuel that can play a
critical role in storing and transporting energy produced on
farms from renewable sources (including biomass, wind, and
solar energy).
SEC. 902. CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT.
The Consolidated Farm and Rural Development Act (as amended by
section 642) is amended by adding at the end the following:
``Subtitle L--Clean Energy
``SEC. 388A. DEFINITIONS.
In this subtitle:
``(1) Biomass.--The term `biomass' means--
``(A) any organic material from a plant that is
planted exclusively for the purpose of being used to
produce a biobased product; and
``(B) any solid nonhazardous cellulosic waste
material that--
``(i) is segregated from other waste
material; and
``(ii) is derived from--
``(I) forest-related mill residues,
precommercial thinnings, slash, and
brush, but not including old-growth
timber;
``(II) animal waste;
``(III) urban sources, including
waste pallets, crates, dunnage,
manufacturing and construction wood
waste, and landscape or right-of-way
tree trimmings, but not including
unsegregated municipal solid waste
(garbage), or paper that is commonly
recycled; or
``(IV) agriculture sources,
including orchard tree crops, vineyard,
grain, legumes, sugar, and other crop
by-products or residues.
``(2) Renewable energy.--The term `renewable energy' means
energy derived from a wind, solar, biomass, geothermal, or
hydrogen source.
``(3) Rural small business.--The term `rural small
business' has the meaning that the Secretary shall prescribe by
regulation.
``CHAPTER 1--BIOBASED PRODUCT DEVELOPMENT
``SEC. 388B. BIOBASED PRODUCT PURCHASING REQUIREMENT.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Biobased product.--The term `biobased product' means
a commercial or industrial product (other than food or feed)
that utilizes biological products or renewable domestic
agricultural (plant, animal, and marine) or forestry materials.
``(3) Environmentally preferable.--The term
`envir
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onmentally preferable', with respect to a product, refers
to a product that has a lesser or reduced effect on human
health and the environment when compared with competing
products that serve the same purpose.
``(b) Biobased Product Purchasing.--
``(1) Mandatory purchasing requirement for listed biobased
products.--
``(A) In general.--Not later than the date that is
180 days after the date of enactment of this subtitle,
the head of each Federal agency shall ensure that,
except as provided in subparagraph (B), in purchasing
any product, the Federal agency purchases a biobased
product, rather than a comparable nonbiobased product,
if the biobased product is listed on the list of
biobased products published under subsection (c)(1).
``(B) Biobased product not reasonably comparable.--
A Federal agency shall not be required to purchase a
biobased product under subparagraph (A) if the
purchasing procurement officer submits to the Secretary
and the Office of Federal Procurement Policy a written
determination that the biobased product is not
reasonably comparable to nonbiobased products in price,
performance, or availability.
``(C) Conflicting requirements.--The Secretary and
the Administrator shall jointly promulgate regulations
under which Federal agencies shall comply in cases of a
conflict between the biobased product purchasing
requirement under subparagraph (A) and the recovered
material purchasing requirement under section 6002 of
the Solid Waste Disposal Act (42 U.S.C. 6962).
``(2) Purchasing of nonlisted biobased products.--The head
of each Federal agency shall encourage, to the maximum extent
practicable, when not required to purchase a biobased product
that is listed on the list of biobased products published under
subsection (c)(1), that the agency purchases available biobased
products that are not listed on the list.
``(c) Administrative Action.--
``(1) List of biobased products.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subtitle, and annually
thereafter, the Secretary, in consultation with the
Administrator and the National Institute of Standards
and Technology, shall publish a list of biobased
products.
``(B) Environmentally preferable biobased
products.--To the maximum extent practicable, the
Secretary shall include on the list under paragraph (1)
biobased products that are environmentally preferable.
``(C) Grants.--The Secretary may make grants to
eligible (as determined by the Secretary) persons,
businesses, or institutions to assist in collecting
data concerning the evaluation of and lifecycle
analyses of biobased products for use in making the
determinations necessary to carry out paragraph (1).
``(2) Guidance.--Not later than 240 days after the date of
enactment of this subtitle, the Office of Federal Procurement
Policy and FAR Council shall amend the Federal Acquisition
Regulation to include guidance on the requirement under
subsection (b).
``(d) Education and Outreach Program.--The Secretary, in
cooperation with the Defense Acquisition University and the Federal
Acquisition Institute, shall conduct education programs for all Federal
procurement officers regarding the availability and efficacy of
biobased products and the requirement of subsection (b).
``(e) Labeling.--
``(1) In general.--The Secretary shall develop a program,
similar to the Energy Star program of the Department of Energy
and the Environmental Protection Agency, under which the
Secretary authorizes producers of environmentally preferable
biobased products to use a label that identifies the products
as environmentally preferable biobased products.
``(2) Environmentally preferable biobased products.--To the
maximum extent practicable, the Secretary shall ensure that
biobased products authorized to use a label under paragraph (1)
are environmentally preferable.
``(3) Contracting.--In carrying out paragraph (1), the
Secretary may contract with appropriate entities with expertise
in product labeling and standard setting.
``(f) Goal.--It shall be the goal of each Federal agency in each
year to purchase biobased products of an aggregate value that is not
less than 5 percent of the aggregate value of all products purchased by
the Federal agency during the preceding year.
``(g) Reports.--The Secretary and the Office of Federal Procurement
Policy shall jointly submit to Congress an annual report that, for the
preceding year, describes the extent of--
``(1) compliance by each Federal agency with subsection
(b); and
``(2) the success of each Federal agency in achieving the
goal stated in subsection (f).
``(h) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this subtitle, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $2,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further appropriation.
``SEC. 388C. BIOREFINERY DEVELOPMENT GRANTS.
``(a) Purpose.--The purpose of this section is to support the
commercialization of new and emerging technologies for the conversion
of cellulosic biomass into petroleum substitutes, so as to--
``(1) develop transportation fuels and chemicals from
renewable sources;
``(2) reduce the dependence of the United States on
imported oil;
``(3) reduce greenhouse gas emissions;
``(4) diversify markets for raw agricultural and forestry
products; and
``(5) create jobs and enhance the economic development of
the rural economy.
``(b) Definitions.--In this section:
``(1) Advisory committee.--The term `Advisory Committee'
means the Biomass Research and Development Technical Advisory
Committee established by section 306 of the Biomass Research
and Development Act of 2000 (7 U.S.C. 7624 note; Public Law
106-224).
``(2) Biorefinery.--The term `biorefinery' means equipment
and processes that--
``(A) convert cellulosic biomass into bioenergy
fuels and chemicals; and
``(B) may produce electricity as a byproduct.
``(3) Board.--The term `Board' means the Biomass Research
and Development Board established by section 305 of the Biomass
Research and Development Act of 2000 (7 U.S.C. 7624 note;
Public Law 106-224).
``(c) Grants.--The Secretary, in addition to exercising authority
to make loans and loan guarantees under other law, shall make grants to
eligible entities to assist in paying the cost of development and
construction of biorefineries to carry out projects to demonstrate the
commercial viability of 1 or more processes for converting cellulosic
biomass to fuels or chemi
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cals.
``(d) Eligible Entities.--A corporation, farm cooperative,
association of farmers, national laboratory, university, or consortium
comprised of any of those entities shall be eligible to receive a grant
under subsection (c).
``(e) Competitive Basis for Awards.--
``(1) In general.--The Secretary shall make grants under
subsection (c) for not more than 3 projects per year, selected
on a competitive basis in consultation with the Board and
Advisory Committee.
``(2) Selection criteria.--
``(A) In general.--The Secretary shall select
projects to receive grants under subsection (c)--
``(i) based primarily on the likelihood
that the projects will demonstrate the
commercial viability of a process for
converting cellulosic biomass to fuels or
chemicals; and
``(ii) based secondarily on the likelihood
that the projects will produce electricity as a
byproduct.
``(B) Criteria.--The criteria to be considered
under subparagraph (A) shall include--
``(i) the potential market for the product
or products;
``(ii) the amount of petroleum the product
will displace;
``(iii) the level of financial
participation by the applicants;
``(iv) the unavailability of adequate
funding from other sources;
``(v) the impact on resource conservation
and the environment;
``(vi) the participation of producer
associations and cooperatives; and
``(vii) the timeframe in which the project
will be operational.
``(f) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project assisted with a grant
under subsection (c) shall not exceed 30 percent of the cost of
the project.
``(2) Increased federal share.--The Secretary may increase
the amount of the Federal share under paragraph (1) to not more
than 50 percent for a project that the Secretary finds
particularly meritorious.
``(3) Form of non-federal share.--The non-Federal share of
the cost of a project may be made in the form of cash or the
provision of services, material, or other in-kind
contributions.
``(g) Regulations.--The Secretary may promulgate such regulations
as are appropriate to carry out this section.
``(h) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this subtitle, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $15,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further appropriation.
``SEC. 388D. BIODIESEL FUEL EDUCATION PROGRAM.
``(a) Findings.--Congress finds that--
``(1) biodiesel fuel use can help reduce greenhouse gas
emissions and public health risks associated with air
pollution;
``(2) biodiesel fuel use enhances energy security by
reducing petroleum consumption;
``(3) biodiesel fuel is nearing the transition from the
research and development phase to commercialization;
``(4) biodiesel fuel is still relatively unknown to the
public and even to diesel fuel users; and
``(5) education of, and provision of technical support to,
current and future biodiesel fuel users will be critical to the
widespread use of biodiesel fuel.
``(b) Establishment.--The Secretary shall, under such terms and
conditions as are appropriate, offer 1 or more competitive grants to
eligible entities to educate the public and major stakeholders about
the benefits of biodiesel fuel use.
``(c) Eligible Entities.--To receive a grant under subsection (b),
an entity--
``(1) shall be a nonprofit organization; and
``(2) shall have demonstrated expertise in biodiesel fuel
production, use, and distribution.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2002 through 2006, to remain available until expended.
``CHAPTER 2--RENEWABLE ENERGY DEVELOPMENT AND ENERGY EFFICIENCY
``SEC. 388E. RENEWABLE ENERGY DEVELOPMENT GRANT PROGRAM.
``(a) In General.--The Secretary, acting through the Rural Business
Cooperative Service, in addition to exercising authority to make loans
and loan guarantees under other law, shall establish a program under
which the Secretary shall competitively award grants to assist farmers
and ranchers in projects to establish new farmer or rancher
cooperatives or other rural business ventures to--
``(1) enable farmers and ranchers to become owners of
sources of renewable electric energy and marketers of electric
energy produced from renewable sources;
``(2) provide new income streams for farmers and ranchers,
particularly in rural areas;
``(3) increase the amount of electricity available from
renewable energy sources; and
``(4) provide environmental and public health benefits to
rural communities and the United States as a whole.
``(b) Ownership Requirement.--At least 50 percent of the interest
in a rural business venture assisted with a grant under subsection (a)
shall be owned by farmers or ranchers.
``(c) Maximum Amount of Grant.--The amount of a grant made under
subsection (a) shall not exceed $500,000 for a fiscal year.
``(d) Cost Sharing.--The Federal share of the cost of a project
assisted with a grant under subsection (a) shall not exceed 50 percent
of the cost of the project.
``(e) Use of Grant Funds.--
``(1) Permitted uses.--A recipient of a grant under
subsection (a) may use the grant funds to--
``(A) develop a business plan or perform a
feasibility study to establish a viable marketing
opportunity for renewable electric energy generation
and sale; or
``(B) provide capital for start-up costs associated
with the rural business venture or the promotion of the
aggregation of renewable electric energy sources.
``(2) Prohibited uses.--A recipient of a grant under
subsection (a) shall not use the grant funds for planning,
repair, rehabilitation, acquisition, or construction of a
building or other facility.
``(f) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this subtitle, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $18,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further appropriation.
``SEC. 388F. ENERGY AUDIT AND RENEWABLE ENERGY DEVELOPMENT PROGRAM.
``(a) In G
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eneral.--The Secretary, acting through the Rural Business
Cooperative Service, shall make competitive grants to eligible entities
to enable the eligible entities to carry out a program to assist
farmers, ranchers, and rural small businesses in becoming more energy
efficient and in using renewable energy technology.
``(b) Eligible Entities.--Entities eligible to carry out a program
under subsection (a) include--
``(1) State energy or agricultural offices;
``(2) regional or State-based energy organizations;
``(3) land grant or other universities;
``(4) farm bureaus or farm organizations;
``(5) rural electric cooperatives and utilities; and
``(6) nonprofit organizations.
``(c) Merit Review.--
``(1) Merit review panel.--The Secretary shall establish a
merit review panel to review applications for grants under
subsection (a) that draws on the expertise of other Federal
agencies (including the Department of Energy and the
Environmental Protection Agency), industry, and nongovernmental
organizations.
``(2) Selection criteria.--In reviewing applications of
eligible entities to receive grants under subsection (a), the
merit review panel shall consider--
``(A) the ability and expertise of the eligible
entity in providing professional energy audits and
renewable energy assessments;
``(B) the geographic scope of the program proposed
by the eligible entity;
``(C) the number of farmers, ranchers, and rural
small businesses to be assisted by the program;
``(D) the potential for energy savings and
environmental and public health benefits resulting from
the program; and
``(E) the plan of the eligible entity for educating
farmers, ranchers, and rural small businesses on the
benefits of energy efficiency and renewable energy
development.
``(d) Use of Grant Funds.--A recipient of a grant under subsection
(a) shall use the grant funds to--
``(1)(A) conduct energy audits for farmers, ranchers, and
rural small businesses to provide farmers, ranchers, and rural
small businesses recommendations for energy efficiency and
renewable energy development opportunities, especially wind
power; and
``(B) conduct workshops on that subject as appropriate;
``(2) make farmers, ranchers, and rural small businesses
aware of and ensure that they have access to--
``(A) financial assistance under section 388G; and
``(B) other Federal, State, and local financial
assistance programs for which farmers, ranchers, and
rural small businesses may be eligible; and
``(3) arrange private financial assistance to farmers,
ranchers, and rural small businesses on favorable terms.
``(e) Cost Sharing.--
``(1) In general.--A recipient of a grant under subsection
(a) that conducts an energy audit for a farmer, rancher, or
rural small business under subsection (d)(1) shall require the
farmer, rancher, or rural small business to pay at least 25
percent of the cost of the audit.
``(2) Implementation of recommendations.--If a farmer,
rancher, or rural small business substantially implements the
recommendations made in connection with an energy audit, the
Secretary may reimburse the farmer, rancher, or rural small
business the amount that is equal to the share of the cost paid
by the farmer, rancher, or rural small business under paragraph
(1).
``(f) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this subtitle, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $20,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further appropriation.
``SEC. 388G. GRANTS TO FARMERS, RANCHERS, AND RURAL SMALL BUSINESSES
FOR RENEWABLE ENERGY SYSTEMS AND ENERGY EFFICIENCY
IMPROVEMENTS.
``(a) In General.--The Secretary, in addition to exercising
authority to make loans and loan guarantees under other law, shall make
grants to farmers, ranchers, and rural small businesses to--
``(1) purchase renewable energy systems; and
``(2) make energy efficiency improvements.
``(b) Eligibility of Farmers and Ranchers.--To be eligible to
receive a grant under subsection (a) for a fiscal year, a farmer or
rancher shall have produced not more than $1,000,000 in market value of
agricultural products during the preceding fiscal year.
``(c) Cost Sharing.--
``(1) Renewable energy systems.--
``(A) In general.--The Federal share of the cost of
a renewable energy system shall not exceed 50 percent
of the cost of the renewable energy system.
``(B) Considerations.--In determining the amount of
the Federal share, the Secretary shall take into
consideration--
``(i) the type of renewable energy system
to be purchased, with priority given to wind
power systems;
``(ii) the estimated amount of energy to be
generated or displaced by the renewable energy
system;
``(iii) the expected environmental benefits
of the renewable energy system;
``(iv) the extent to which the renewable
energy system will be replicable; and
``(v) other factors as appropriate.
``(2) Energy efficiency improvements.--
``(A) In general.--The Federal share of the cost of
an energy efficiency improvement shall not exceed 50
percent of the cost of the energy efficiency
improvement.
``(B) Considerations.--In determining the amount of
the Federal share, the Secretary shall take into
consideration--
``(i) the estimated payback period of the
improvement;
``(ii) the amount of energy savings
expected to be derived from the improvement;
and
``(iii) other factors as appropriate.
``(d) Energy Audit and Renewable Energy Development Program.--
``(1) Preference.--In making grants under subsection (a),
the Secretary shall give preference to participants in the
energy audit and renewable energy development program under
section 388F.
``(2) Reservation of funding.--The Secretary shall reserve
at least 25 percent of the amount made available to carry out
this section for each of fiscal years 2002 through 2006 for
grants to participants in the energy audit and renewable energy
development program under section 388F.
``(e) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this subtitle, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated
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, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $35,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the and shall accept the funds transferred
under paragraph (1), without further appropriation.
``SEC. 388H. HYDROGEN AND FUEL CELL TECHNOLOGIES PROGRAM.
``(a) In General.--The Secretary, in consultation with the
Secretary of Energy, shall establish a program under which the
Secretary shall competitively award grants or enter into contracts or
cooperative agreements for--
``(1) projects to demonstrate the use of hydrogen
technologies and fuel cell technologies in farm and rural
applications; and
``(2) as appropriate, studies of the technical,
environmental, and economic viability of innovative hydrogen
and fuel cell technologies not ready for demonstration.
``(b) Selection Criteria.--In selecting projects for grants,
contracts, and cooperative agreements under subsection (a)(1), the
Secretary shall give preference to projects that demonstrate
technologies that--
``(1) are innovative;
``(2) use renewable energy sources;
``(3) produce multiple sources of energy;
``(4) provide significant environmental benefits;
``(5) are likely to be economically competitive; and
``(6) have potential for commercialization as mass-
produced, farm-sized systems.
``(c) Cost Sharing.--The Federal share of the cost of a project
assisted with a grant, contract, or cooperative agreement under
subsection (a) shall not exceed 50 percent of the cost of the project.
``(d) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this subtitle, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $5,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further appropriation.
``SEC. 388I. TECHNICAL ASSISTANCE FOR FARMERS AND RANCHERS TO DEVELOP
RENEWABLE ENERGY RESOURCES.
``The Secretary, acting through the Cooperative State Research,
Education, and Extension Service and in consultation with the Natural
Resources Conservation Service, regional biomass programs under the
Department of Energy, and other entities as appropriate, shall provide
education and technical assistance to farmers and ranchers for the
development and marketing of renewable energy resources.
``CHAPTER 3--CARBON SEQUESTRATION RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM
``SEC. 388J. RESEARCH.
``(a) Basic Research.--
``(1) In general.--The Secretary shall carry out research
in the areas of soil science that promote understanding of--
``(A) the net sequestration of organic carbon in
soil; and
``(B) net emissions of other greenhouse gases from
agriculture.
``(2) Agricultural research service.--The Secretary, acting
through the Agricultural Research Service, shall collaborate
with other Federal agencies in developing data and carrying out
research addressing soil carbon fluxes (losses and gains) and
net emissions of methane and nitrous oxide from cultivation and
animal management activities.
``(3) Cooperative state research extension and education
service.--
``(A) In general.--The Secretary, acting through
the Cooperative State Research Extension and Education
Service, shall establish a competitive grant program to
carry out research on the matters described in
paragraph (1) by land grant universities and other
research institutions.
``(B) Consultation on research topics.--Before
issuing a request for proposals for basic research
under paragraph (1), the Cooperative State Research,
Education, and Extension Service shall consult with the
Agricultural Research Service to ensure that proposed
research areas are complementary with and do not
duplicate research projects underway at the
Agricultural Research Service or other Federal
agencies.
``(b) Applied Research.--
``(1) In general.--The Secretary shall carry out applied
research in the areas of soil science, agronomy, agricultural
economics, and other agricultural sciences to--
``(A) promote understanding of--
``(i) how agricultural and forestry
practices affect the sequestration of organic
and inorganic carbon in soil and net emissions
of other greenhouse gases;
``(ii) how changes in soil carbon pools are
cost-effectively measured, monitored, and
verified; and
``(iii) how public programs and private
market approaches can be devised to incorporate
carbon sequestration in a broader societal
greenhouse gas emission reduction effort;
``(B) develop methods for establishing baselines
for measuring the quantities of carbon and other
greenhouse gases sequestered; and
``(C) evaluate leakage and performance issues.
``(2) Requirements.--To the maximum extent practicable,
applied research under paragraph (1) shall--
``(A) draw on existing technologies and methods;
and
``(B) strive to provide methodologies that are
accessible to a nontechnical audience.
``(3) Minimization of adverse environmental impacts.--All
applied research under paragraph (1) shall be conducted with an
emphasis on minimizing adverse environmental impacts.
``(4) Natural resources conservation service.--The
Secretary, acting through the Natural Resources Conservation
Service, shall collaborate with other Federal agencies in
developing new measuring techniques and equipment or adapting
existing techniques and equipment to enable cost-effective and
accurate monitoring and verification, for a wide range of
agricultural and forestry practices, of--
``(A) changes in soil carbon content in
agricultural soils, plants, and trees; and
``(B) net emissions of other greenhouse gases.
``(5) Cooperative state research extension and education
service.--
``(A) In general.--The Secretary, acting through
the Cooperative State Research Extension and Education
Service, shall establish a competitive grant program to
encourage research on the matters described in
paragraph (1) by land grant universities and other
research institutions.
``(B) Consultation on research topics.--Before
issuing a request for proposals for applied research
under paragraph (1), the Cooperative State Research,
Education, and Extension Service shall consult with the
National Resources Conservation Service and the
Agricultural Research Serv
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ice to ensure that proposed
research areas are complementary with and do not
duplicate research projects underway at the
Agricultural Research Service or other Federal
agencies.
``(c) Research Consortia.--
``(1) In general.--The Secretary may designate not more
than 2 research consortia to carry out research projects under
this section, with the requirement that the consortia propose
to conduct basic research under subsection (a) and applied
research under subsection (b) .
``(2) Selection.--The consortia shall be selected in a
competitive manner by the Cooperative State Research,
Education, and Extension Service.
``(3) Eligible consortium participants.--Entities eligible
to participate in a consortium include--
``(A) land grant colleges and universities;
``(B) private research institutions;
``(C) State geological surveys;
``(D) agencies of the Department of Agriculture;
``(E) research centers of the National Aeronautics
and Space Administration and the Department of Energy;
``(F) other Federal agencies;
``(G) representatives of agricultural businesses
and organizations with demonstrated expertise in these
areas; and
``(H) representatives of the private sector with
demonstrated expertise in these areas.
``(4) Reservation of funding.--If the Secretary designates
1 or 2 consortia, the Secretary shall reserve for research
projects carried out by the consortium or consortia not more
than 25 percent of the amounts made available to carry out this
section for a fiscal year.
``(d) Standards of Precision.--
``(1) Conference.--Not later than 3 years after the date of
enactment of this subtitle, the Secretary, acting through the
Agricultural Research Service and in consultation with the
Natural Resources Conservation Service, shall convene a
conference of key scientific experts on carbon sequestration
from various sectors (including the government, academic, and
private sectors) to--
``(A) discuss and establish benchmark standards of
precision for measuring soil carbon content and net
emissions of other greenhouse gases;
``(B) designate packages of measurement techniques
and modeling approaches to achieve a level of precision
agreed on by the participants in the conference; and
``(C) evaluate results of analyses on baseline,
permanence, and leakage issues.
``(2) Report.--Not later than 180 days after the conclusion
of the conference under paragraph (1), the Secretary shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the results of the
conference.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $25,000,000 for each of fiscal years
2002 through 2006.
``(2) Allocation.--Of the amounts made available to carry
out this section for a fiscal year, at least 50 percent shall
be allocated for competitive grants by the Cooperative State
Research, Education, and Extension Service.
``SEC. 388K. DEMONSTRATION PROJECTS AND OUTREACH.
``(a) Demonstration Projects.--
``(1) Development of monitoring programs.--
``(A) In general.--The Secretary, acting through
the Natural Resources Conservation Service and in
cooperation with local extension agents, experts from
land grant universities, and other local agricultural
or conservation organizations, shall develop user-
friendly programs that combine measurement tools and
modeling techniques into integrated packages to monitor
the carbon sequestering benefits of conservation
practices and net changes in greenhouse gas emissions.
``(B) Benchmark levels of precision.--The programs
developed under subparagraph (A) shall strive to
achieve benchmark levels of precision in measurement in
a cost-effective manner.
``(2) Projects.--
``(A) In general.--The Secretary, acting through
the Farm Service Agency, shall establish a program
under which projects use the monitoring programs
developed under paragraph (1) to demonstrate the
feasibility of methods of measuring, verifying, and
monitoring--
``(i) changes in organic carbon content and
other carbon pools in agricultural soils,
plants, and trees; and
``(ii) net changes in emissions of other
greenhouse gases.
``(B) Evaluation of implications.--The projects
under subparagraph (A) shall include evaluation of the
implications for reassessed baselines, carbon or other
greenhouse gas leakage, and permanence of
sequestration.
``(C) Submission of proposals.--Proposals for
projects under subparagraph (A) shall be submitted by
the appropriate agency of each State, in cooperation
with interested local jurisdictions and State
agricultural and conservation organizations.
``(D) Limitation.--Not more than 10 projects under
subparagraph (A) may be approved in conjunction with
applied research projects under section 388J(b) until
benchmark measurement and assessment standards are
established under section 388J(d).
``(b) Outreach.--
``(1) In general.--The Cooperative State Research Extension
and Education Service shall widely disseminate information
about the economic and environmental benefits that can be
generated by adoption of conservation practices (including
benefits from increased sequestration of carbon and reduced
emission of other greenhouse gases.
``(2) Project results.--The Cooperative State Research
Extension and Education Service shall inform farmers, ranchers,
and State agricultural and energy offices in each State of--
``(A) the results of demonstration projects under
subsection (a)(2) in the State; and
``(B) the ways in which the methods demonstrated in
the projects might be applicable to the operations of
those farmers and ranchers.
``(3) Policy outreach.--On a periodic basis, the
Cooperative State Research Extension and Education Service
shall disseminate information on the policy nexus between
global climate change mitigation strategies and agriculture, so
that farmers and ranchers may better understand the global
implications of the activities of farmers and ranchers.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal years
2002 through 2006.
``(2) Allocation.--Of the amounts made available to carry
out this section for a fiscal year, at least 50 percent shall
be allocated for
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demonstration projects under subsection
(a)(2).''.
SEC. 903. BIOMASS RESEARCH AND DEVELOPMENT ACT OF 2000.
(a) Funding.--The Biomass Research and Development Act of 2000 (7
U.S.C. 7624 note; Public Law 106-224) is amended--
(1) in section 307, by striking subsection (f);
(2) by redesignating section 310 as section 311; and
(3) by inserting after section 309 the following:
``SEC. 310. FUNDING.
``(a) In General.--Not later than 30 days after the date of
enactment of this section, and on October 1, 2002, and each October 1
thereafter through October 1, 2005, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this section $15,000,000, to
remain available until expended.
``(b) Receipt and acceptance.--The Secretary shall be entitled to
receive the funds and shall accept the funds transferred under
subsection (a), without further appropriation.''.
(b) Termination of Authority.--Section 311 of the Biomass Research
and Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224)
(as redesignated by subsection (a)) is amended by striking ``December
31, 2005'' and inserting ``September 30, 2006''.
SEC. 904. SENSE OF CONGRESS CONCERNING A NATIONAL RENEWABLE FUELS
STANDARD.
It is the sense of Congress that--
(1) the Senate supports and encourages adoption of a
national renewable fuels program, under which the motor vehicle
fuel placed into commerce by a refiner, blender, or importer
shall be composed of renewable fuel measured according to a
statutory formula for specified calendar years; and
(2) the Secretary should ensure that the policies and
programs of the Department of Agriculture promote the
production of fuels from renewable fuel sources.
SEC. 905. RURAL ELECTRIFICATION ACT OF 1936.
Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.) is amended by adding at the end the following:
``SEC. 20. FINANCIAL AND TECHNICAL ASSISTANCE FOR RENEWABLE ENERGY
SYSTEMS.
``(a) Definition of Renewable Energy.--In this section, the term
`renewable energy' means energy derived from a wind, solar, biomass,
geothermal, or hydrogen source.
``(b) Grants.--The Secretary shall make grants to rural electric
cooperatives and other rural utilities to promote the development of
economically and environmentally sustainable renewable energy projects
to serve the needs of rural communities or for rural economic
development.
``(c) Use of Grant Funds.--A recipient of a grant under subsection
(a) may use the grant funds--
``(1) to pay up to 75 percent of the cost of an economic
feasibility study or technical assistance for a renewable
energy project; and
``(2) if a renewable energy project is determined to be
economically feasible, to pay an amount that is equal to not
more than 20 percent of the cost of the project.
``(d) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this section, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $10,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive the funds and shall accept the funds
transferred under paragraph (1), without further
appropriation.''.
TITLE X--AGRICULTURAL COMPETITION
Subtitle A--Agricultural Fair Practices
SEC. 1001. AGRICULTURAL FAIR PRACTICES.
The Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et seq.)
is amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) In General.--This Act may be cited as the `Agricultural Fair
Practices Act of 1967'.
``(b) Table of Contents.--The table of contents of this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Definitions.
``TITLE I--AGRICULTURAL TRADE PRACTICES
``Sec. 101. Office of Special Counsel for Competition Matters.
``Sec. 102. Report on corporate structure.
``TITLE II--UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN AGRICULTURAL
COMMERCE
``Sec. 201. Prohibition on unfair or deceptive acts or
practices in agricultural commerce.
``Sec. 202. Agricultural contracts.
``Sec. 203. Production contracts.
``Sec. 204. Authority of Secretary to prescribe rules and
regulations.
``Sec. 205. Enforcement.
``Sec. 206. Effect on other laws.
``Sec. 207. Assignment of association dues and fees.
``Sec. 208. Severability.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Agricultural commodity.--The term `agricultural
commodity' has the meaning given the term in section 102 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5602).
``(2) Agricultural contract.--The term `agricultural
contract' means a marketing contract or a production contract.
``(3) Agricultural cooperative.--The term `agricultural
cooperative' means an association of persons engaged in the
production, marketing, or processing of an agricultural
commodity that meets the requirements of the Act entitled `An
Act to authorize association of producers of agricultural
products' (commonly known as the `Capper-Volstead Act') (7
U.S.C. 291 et seq.).
``(4) Association of producers.--
``(A) In general.--The term `association of
producers' means an association of producers of
agricultural products that engages in the marketing of
agricultural products or of agricultural services.
``(B) Inclusions.--The term `association of
producers' includes--
``(i) a cooperative association (as defined
in section 15(a) of the Agricultural Marketing
Act (12 U.S.C. 1141j(a))); and
``(ii) an association described in the
first section of the Act entitled `An Act to
authorize association of producers of
agricultural products' (commonly known as the
`Capper-Volstead Act') (7 U.S.C. 291).
``(5) Capital investment.--The term `capital investment'
means an investment in--
``(A) a structure, such as a building or manure
storage structure; or
``(B) machinery or equipment associated with
producing an agricultural commodity that has a useful
life of more than 1 year.
``(6) Commission merchant.--The term `commission merchant'
means any person engaged in the business of receiving in
interstate or foreign commerce any agricultural commodity for
sale on commission.
``(7) Contract livestock facility.--The term `contract
livestock facility' means a facility in which livestock or a
product of live livestock is produced under a production
contract by a contract producer.
``(8) Contractor.--The term `contractor' means a person
that, in accordance with a production contract, owns, or will
own, an agricultural commodity that is produced by a contract
producer.
``(9) Contract producer.--The term `contract producer'
means a producer that produces an agricultural commodity under
a production contract.
``(10) Covered person.
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--
``(A) In general.--The term `covered person' means
a dealer, handler, contractor, processor, or commission
merchant.
``(B) Exclusions.--The term `covered person' does
not include--
``(i) a person described in subparagraph
(A) with respect to sales or marketing of any
agricultural commodity of the person's own
production that does not exceed $10,000,000 per
year; or
``(ii) a person described in subparagraph
(A) if the sales of the agricultural
commodities of the person are in an amount of
less than $10,000,000 per year.
``(11) Crop.--The term `crop' means an agricultural
commodity produced from a plant.
``(12) Dealer.--The term `dealer' means any person engaged
in the business of buying, selling, or marketing agricultural
commodities in interstate or foreign commerce.
``(13) Department.--The term `Department' means the
Department of Agriculture.
``(14) Handler.--The term `handler' means any person
engaged in the business or practice of--
``(A) acquiring agricultural products from
producers or associations of producers for processing
or sale;
``(B) grading, packaging, handling, storing, or
processing agricultural products received from
producers or associations of producers;
``(C) contracting or negotiating contracts or other
arrangements, written or oral, with or on behalf of
producers or associations of producers with respect to
the production or marketing of any agricultural
product; or
``(D) acting as an agent or broker for a handler in
the performance of any function or act described in
subparagraph (A), (B), or (C).
``(15) Investment requirement.--The term `investment
requirement' means a provision in a production contract that
requires a contract producer to make a capital investment
associated with producing an agricultural commodity that, but
for the production contract, the contract producer would not
have made.
``(16) Livestock.--The term `livestock' means beef cattle,
dairy cattle, swine, sheep, or poultry.
``(17) Marketing contract.--The term `marketing contract'
means a written agreement between a covered person and a
producer for the purchase of an agricultural commodity produced
or raised by the producer.
``(18) Person.--The term `person' includes an individual,
partnership, corporation, limited liability company, limited
partnership, or association.
``(19) Processor.--The term `processor' means--
``(A) any person (other than an agricultural
cooperative) engaged in the business of handling,
preparing, or manufacturing (including slaughtering) an
agricultural commodity or the products of an
agricultural commodity for sale or marketing in
interstate or foreign commerce; and
``(B) an agricultural cooperative that handles,
prepares, or manufactures (including slaughtering)
agricultural commodities of its members' own
production.
``(20) Produce.--The term `produce' means--
``(A) to provide feed or services relating to the
care and feeding of livestock, including milking dairy
cattle and storing raw milk; or
``(B) to plant, raise, harvest, and store a crop,
including preparing soil for planting and applying a
fertilizer, soil conditioner, or pesticide to a crop.
``(21) Producer.--The term `producer' means a person
engaged in the production of an agricultural commodity as a
farmer, planter, rancher, dairyman, poultryman, or fruit,
vegetable, or nut grower.
``(22) Production contract.--
``(A) In general.--The term `production contract'
means a written agreement that provides for--
``(i) the production of an agricultural
commodity by a contract producer; or
``(ii) the provision of a management
service relating to the production of an
agricultural commodity by a contract producer.
``(B) Inclusions.--The term `production contract'
includes--
``(i) a contract between a contractor and a
contract producer for the production of an
agricultural commodity; and
``(ii) a contract between a contractor and
a contract producer for the provision of a
management service in the production of an
agricultural commodity.
``(23) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``TITLE I--AGRICULTURAL TRADE PRACTICES
``SEC. 101. OFFICE OF SPECIAL COUNSEL FOR COMPETITION MATTERS.
``(a) Establishment.--
``(1) In general.--There is established within the
Department an office to be known as the `Office of Special
Counsel for Competition Matters'.
``(2) Duties.--The Office shall--
``(A) investigate and prosecute violations of this
Act and any other Act that the Secretary determines to
be appropriate;
``(B) serve as a liaison between the Department and
the Department of Justice and the Federal Trade
Commission with respect to competition and trade
practices in the food and agricultural sector; and
``(C) maintain a staff of attorneys and other
professionals with the appropriate expertise.
``(b) Special Counsel for Competition Matters.--
``(1) In general.--The Office shall be headed by the
Special Counsel for Competition Matters, who shall be appointed
by the President, by and with the advice and consent of the
Senate.
``(2) Prosecutorial authority.--Notwithstanding title 28,
United States Code, the Special Counsel for Competition Matters
shall have the authority to bring any civil or administrative
action authorized under this Act or any other Act that the
Secretary determines to be appropriate.
``SEC. 102. REPORT ON CORPORATE STRUCTURE.
``(a) In General.--A covered person with annual sales in excess of
$100,000,000 shall annually file with the Secretary a report that
describes, with respect to domestic activities and foreign activities,
the strategic alliances, ownership in other covered persons, joint
ventures, subsidiaries, brand names, and interlocking boards of
directors with other covered persons.
``(b) Confidentiality.--A report filed under subsection (a) shall
be confidential commercial or financial information for the purposes of
section 552(b)(4) of title 5, United States Code.
``TITLE II--UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN AGRICULTURAL
COMMERCE
``SEC. 201. PROHIBITION ON UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN
AGRICULTURAL COMMERCE.
``(a) Unfair or Deceptive Acts or Practices in Agricultural
Commerce.--Any unfair or deceptive act or practice in or affecting the
marketing, receiving, p
2000
urchasing, sale, or contracting for the
production of any agricultural commodity by any covered person shall be
unlawful.
``(b) Unfair or Deceptive Acts or Practices Concerning Producer
Associations.--It shall be unlawful for any covered person knowingly--
``(1)(A) to interfere with, restrain, or coerce any
producer in the exercise of the right of the producer to join
and belong to, or to refrain from joining or belonging to, an
association of producers; or
``(B) to refuse to deal with any producer because of the
exercise of the right of the producer to join and belong to the
association;
``(2) to discriminate against any producer with respect to
price, quantity, quality, or other terms of purchase,
acquisition, or other handling of an agricultural product
because of the membership of the producer in, or the contract
of the producer with, an association of producers;
``(3) to coerce or intimidate any producer to enter into,
maintain, breach, cancel, or terminate a membership agreement
or marketing contract with an association of producers or a
contract with a covered person;
``(4) to pay or loan money, give any thing of value, or
offer any other inducement or reward to a producer for refusing
to or ceasing to belong to an association of producers;
``(5) to make false reports about the finances, management,
or activities of an association of producers or handlers;
``(6) to conspire, combine, agree, or arrange with any
other person to do, or aid or abet the performance of, any act
made unlawful by this Act;
``(7)(A) to interfere with the formation or administration
of any association of producers; or
``(B) to contribute financial or other support to an
association of producers; or
``(8) to fail to bargain in good faith.
``(c) Unfair or Deceptive Acts or Practices in Agricultural
Contracts.--It shall be unlawful for a covered person that is a party
to an agricultural contract--
``(1) to fail to act in good faith (as defined in
applicable State law provisions of the Uniform Commercial Code)
with respect to the performance and enforcement of the
agricultural contract;
``(2) to fail to include 1 or more cover pages that
disclose provisions of the agricultural contract relating to--
``(A) duration;
``(B) termination;
``(C) renewal and renegotiation standards;
``(D) responsibility for environmental damage;
``(E) factors to be used in determining payment;
``(F) responsibility for obtaining and complying
with Federal, State, and local permits;
``(G) assignability;
``(H) the applicable State law and venue;
``(I) the effect of oral modifications;
``(J) remedies for breach;
``(K) in the case of a livestock or poultry
production contract, the minimum number of animals
subject to the contract;
``(L) other rules or provisions incorporated in the
contract by reference; and
``(M) any other terms that the Secretary determines
to be appropriate for disclosure; or
``(3) to violate any of the requirements relating to
production contracts under section 203.
``(d) Public Policy Considerations.--
``(1) In general.--In determining whether an act or
practice is unfair, a court may consider established public
policies as evidence to be considered with all other evidence.
``(2) Limitation.--Notwithstanding paragraph (1), public
policy considerations may not serve as a primary basis for the
determination.
``SEC. 202. AGRICULTURAL CONTRACTS.
``(a) Confidentiality.--Any provision of an agricultural contract
that requires that the agricultural contract remain confidential is
void, except as the provision applies to a trade secret to which
section 552 of title 5, United States Code, applies.
``(b) Arbitration.--Any provision of an agricultural contract that
requires arbitration of a dispute arising from the agricultural
contract is void.
``SEC. 203. PRODUCTION CONTRACTS.
``(a) Right of Contract Producers To Cancel Production Contracts.--
``(1) In general.--A contract producer may cancel a
production contract by mailing a cancellation notice to the
contractor not later than the later of--
``(A) the date that is 3 business days after the
date on which the production contract is executed; or
``(B) any cancellation date specified in the
production contract.
``(2) Disclosure.--A production contract shall clearly
disclose--
``(A) the right of the contract producer to cancel
the production contract;
``(B) the method by which the contract producer may
cancel the production contract; and
``(C) the deadline for canceling the production
contract.
``(b) Production Contract Liens.--
``(1) Definition of lien starting date.--In this
subsection, the term `lien starting date' means--
``(A) in the case of an annual crop, the date on
which the annual crop is planted;
``(B) in the case of a perennial crop, the starting
date on which the perennial crop is subject to a
production contract;
``(C) in the case of livestock, the date on which
the livestock arrive at the contract livestock
facility; and
``(D) in the case of milk or any other product of
live livestock, the date on which the milk or other
product is produced.
``(2) Liens.--In the case of a production contract that
provides for the production of an agricultural commodity by a
contract producer, the contract producer shall have a lien in
the amount owed to the contract producer under the production
contract on--
``(A)(i) the agricultural commodity until the
agricultural commodity is sold or processed (including
slaughtered) by the contractor; and
``(ii) the cash proceeds of the sale of the
agricultural commodity, including any cash provided as
part of the sale; and
``(B) any property of the contractor that may be
subject to a security interest.
``(3) Lien period.--A lien for the production of an
agricultural commodity under this subsection shall apply during
the period--
``(A) beginning on the lien starting date; and
``(B) ending 1 year after the agricultural
commodity is no longer under the control of the
contract producer.
``(4) Perfecting of liens.--To perfect a lien for the
production of an agricultural commodity under this subsection,
a contract producer shall file a lien statement under
applicable State law provisions based on Article 9 of the
Uniform Commercial Code.
``(5) Priority of liens.--A lien created under this
subsection shall be superior to, and have priority over, any
conflicting lien or security interest in the agricultural
commodity, including a lien or security interest that was
perfected prior to the creation of the lien under this
subsection.
``(6) Enforce
2000
ment.--
``(A) Control.--Before an agricultural commodity
leaves the control of a contract producer, the contract
producer may foreclose a lien created under this
subsection in the manner provided for the foreclosure
of a secured transaction under applicable State law
provisions based on Article 9 of the Uniform Commercial
Code.
``(B) Post-control.--After an agricultural
commodity leaves the control of the contract producer,
the contract producer may enforce the lien in the
manner provided under applicable State law provisions
based on Article 9 of the Uniform Commercial Code.
``(7) Election of other remedies.--In lieu of obtaining a
lien under this subsection, a contract producer described in
paragraph (2) may seek to collect funds due under a production
contract in accordance with--
``(A) the Packers and Stockyards Act, 1921 (7
U.S.C. 181 et seq.); or
``(B) the Perishable Agricultural Commodities Act,
1930 (7 U.S.C. 499a et seq.).
``(c) Production Contracts Involving Investment Requirements.--
``(1) Applicability.--This subsection applies only to a
production contract between a contract producer and a
contractor if, but for the production contract, the contract
producer would not have made a capital investment of $100,000
or more.
``(2) Restrictions on contract termination.--
``(A) Notice of termination.--Except as provided in
subparagraph (C), a contractor shall not terminate or
cancel a production contract unless the contractor
provides the contract producer with written notice of
the intention of the contractor to terminate or cancel
the production contract at least 90 days before the
effective date of the termination or cancellation.
``(B) Requirements.--The written notice required
under subparagraph (A) shall include alleged causes of
the termination.
``(C) Exceptions.--A contractor may terminate or
cancel a production contract without notice as required
under subparagraph (A) if the basis for the termination
or cancellation is--
``(i) a voluntary abandonment of the
contractual relationship by the contract
producer, such as a complete failure of the
contract producer to perform under the
production contract;
``(ii) the conviction of the contract
producer of an offense of fraud or theft
committed against the contractor; or
``(iii) the natural end of the production
contract in accordance with the terms of the
production contract.
``(D) Right to cure.--
``(i) In general.--If, not later than 90
days after the date on which the contract
producer receives written notice under
subparagraph (A), the contract producer
remedies each cause of the breach of contract
alleged in the written notice, the contractor
may not terminate or cancel a production
contract under this paragraph.
``(ii) No admission of breach.--The remedy
or attempt to remedy the causes for the breach
of contract by the contract producer under
clause (i) does not constitute an admission of
breach of contract.
``(d) Additional Capital Investments in Production Contracts.--
``(1) In general.--A covered person shall not require a
contract producer to make additional capital investments in
connection with a production contract that exceed the initial
investment requirements of the production contract.
``(2) Exceptions.--Notwithstanding paragraph (1), a covered
person may require additional capital investments if--
``(A) the additional capital investments are offset
by reasonable additional consideration, including
compensation or a modification to the terms of the
production contract; and
``(B) the contract producer agrees in writing that
there is acceptable and satisfactory consideration for
the additional capital investment.
``SEC. 204. AUTHORITY OF SECRETARY TO PROMULGATE RULES AND REGULATIONS.
``The Secretary, acting through the Special Counsel for Competition
Matters, may promulgate such rules and regulations as are necessary to
carry out this Act, including rules and regulations--
``(1) relating to unfair or deceptive acts or practices in
agriculture;
``(2) that define with specificity acts or practices that
are to be prohibited as unfair or deceptive acts or practices
in agriculture under section 201; and
``(3) to prevent unfair or deceptive acts or practices from
occurring in agriculture.
``SEC. 205. ENFORCEMENT.
``(a) Civil Actions by the Secretary Against Covered Persons.--In
any case in which the Secretary has reasonable cause to believe that
any covered person has engaged in any act or practice that violates
this Act, the Secretary may bring a civil action in United States
district court by filing a complaint requesting preventive relief,
including an application for a permanent or temporary injunction,
restraining order, or other order, against the covered person.
``(b) Civil Actions by Covered Persons.--
``(1) Preventive relief.--
``(A) In general.--In any case in which any covered
person has engaged, or there are reasonable grounds to
believe that any covered person is about to engage, in
any act or practice prohibited by this Act, a civil
action for preventive relief, including an application
for a permanent or temporary injunction, restraining
order, or other order, may be instituted by the person
aggrieved.
``(B) Security.--The court may provide that no
restraining order or preliminary injunction shall issue
unless security is provided by the applicant, in such
sum as the court determines to be appropriate, for the
payment of such costs and damages as may be incurred or
suffered by any party that is found to have been
wrongfully enjoined or restrained.
``(2) Damages.--
``(A) In general.--Any person injured in the
business or property of the person by reason of any
violation of, or combination or conspiracy to violate,
this Act may bring a civil action in United States
district court or any State court of competent
jurisdiction to recover--
``(i) damages sustained by the person as a
result of the violation; and
``(ii) any additional penalty that the
court may allow, but not more than $1,000 per
violation.
``(B) Limitation on actions.--A civil action under
subparagraph (A) shall be barred un
2000
less commenced
within 2 years after the cause of action accrues.
``(3) Attorney's fees.--In any action commenced under
paragraph (1) or (2), the court may allow the prevailing party
a reasonable attorney's fee as part of the costs.
``(c) Jurisdiction of District Courts.--Not later than 2 years
after the date on which a violation of this Act occurs, an action to
enforce this Act may be brought in--
``(1) United States district court, notwithstanding the
fact that an aggrieved person has not exhausted all
administrative or other remedies provided by law; or
``(2) any other court of competent jurisdiction.
``(d) Choice of Law, Jurisdiction, and Venue.--
``(1) Choice of law.--Any provision in an agricultural
contract requiring the application of the law of a State other
than the State in which the producer resides is void and
unenforceable.
``(2) Jurisdiction.--A covered person that enters into an
agricultural contract with a producer shall be subject to
personal jurisdiction in the State in which the producer
resides.
``(3) Venue.--Venue shall be determined on the basis of the
residence of the producer.
``(e) Liability for Acts of Agents.--In the construction and
enforcement of this Act, the act, omission, or failure of any officer,
agent, or person acting for or employed by any other person within the
scope of the employment or office of the officer, agent, or person,
shall be considered to be the act, omission, or failure of the other
person.
``SEC. 206. EFFECT ON OTHER LAWS.
``(a) State Laws.--
``(1) In general.--Subject to paragraph (2), this Act does
not annul, alter, or affect, or exempt any person subject to
this Act from complying with, the law of any State with respect
to trade practices in agriculture.
``(2) Exception.--
``(A) In general.--This Act annuls, alters, or
affects, or exempts a person from, a State law referred
to in paragraph (1) to the extent the State law is
inconsistent with this Act.
``(B) Inconsistency.--For the purposes of this
paragraph, a State law is not inconsistent with this
Act if the protection that the law affords any producer
is greater than the protection provided to a producer
by this Act.
``(b) State Courts.--This Act does not deprive a State court of
jurisdiction under a State law dealing with the same subject as this
Act.
``SEC. 207. ASSIGNMENT OF ASSOCIATION DUES AND FEES.
``(a) In General.--A producer of an agricultural product or service
may execute, as a clause in an agricultural contract, an assignment of
dues or fees to, or the deduction of a sum to be retained by, an
association of producers authorized by contract to represent the
producer, under which assignment a covered person shall--
``(1) deduct a portion of the amount to be paid for
products or services of the producer under a production
contract; and
``(2) pay, on behalf of the producer, the portion over to
the association as dues or fees or a sum to be retained by the
association.
``(b) Duty of Covered Person.--After a covered person receives
notice from a producer of an assignment under subsection (a), the
covered person shall--
``(1) deduct the amount authorized by the assignment from
the amount paid for any agricultural product sold by the
producer or for any service rendered under any production
contract; and
``(2) on payment to producers for the product or service,
pay the amount over to the association or the assignee of the
association.
``SEC. 208. SEVERABILITY.
``If any provision of this Act or application of any provision of
this Act is held invalid, the remainder of this Act and the application
of the provision to other persons and circumstances shall not be
affected by the invalidity.''.
Subtitle B--Packers and Stockyards
SEC. 1011. INVESTIGATION OF LIVE POULTRY DEALERS.
(a) Removal of Poultry Slaughter Requirement From Definitions.--
Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182), is
amended--
(1) by striking paragraph (8) and inserting the following:
``(8) Poultry grower.--The term `poultry grower' means any
person engaged in the business of raising or caring for live
poultry under a poultry growing arrangement, regardless of
whether the poultry is owned by the person or by another
person;'';
(2) in paragraph (9), by striking ``and cares for live
poultry for delivery, in accord with another's instructions,
for slaughter'' and inserting ``or cares for live poultry in
accordance with the instructions of another person''; and
(3) in paragraph (10), by striking ``for the purpose of
either slaughtering it or selling it for slaughter by
another''.
(b) Administrative Enforcement Authority Over Live Poultry
Dealers.--Sections 203, 204, and 205 of the Packers and Stockyards Act,
1921 (7 U.S.C. 193, 194, 195), are amended by inserting ``or live
poultry dealer'' after ``packer'' each place it appears.
(c) Authority To Request Temporary Injunction or Restraining
Order.--Section 408 of the Packers and Stockyards Act, 1921 (7 U.S.C.
228a), is amended in the first sentence by striking ``on account of
poultry'' and inserting ``on account of poultry or poultry care''.
(d) Violations by Live Poultry Dealers.--Section 411 of the Packers
and Stockyards Act, 1921 (7 U.S.C. 228b-2), is amended--
(1) in the first sentence of subsection (a), by striking
``any provision of section 207 or section 410 of''; and
(2) in the first sentence of subsection (b), by striking
``any provisions of section 207 or section 410'' and inserting
``any provision''.
SEC. 1012. APPOINTMENT OF OUTSIDE COUNSEL.
Section 407(a) of the Packers and Stockyards Act, 1921 (7 U.S.C.
228(a)), is amended by inserting ``obtain the services of attorneys who
are not employees of the Federal Government,'' before ``and make such
expenditures''.
Subtitle C--Country of Origin Labeling
SEC. 1021. COUNTRY OF ORIGIN LABELING.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``Subtitle C--Country of Origin Labeling
``SEC. 271. DEFINITIONS.
``In this subtitle:
``(1) Beef.--The term `beef' means meat produced from
cattle (including veal).
``(2) Covered commodity.--The term `covered commodity'
means--
``(A) muscle cuts of beef, lamb, and pork;
``(B) ground beef, ground lamb, and ground pork;
``(C) whole farm-raised fish; and
``(D) a perishable agricultural commodity.
``(3) Food service establishment.--The term `food service
establishment' means a restaurant, cafeteria, lunch room, food
stand, saloon, tavern, bar, lounge, or other similar facility
operated as an enterprise engaged in the business of selling
food to the public.
``(4) Lamb.--The term `lamb' means meat, other than mutton,
produced from sheep.
``(5) Perishable agricultural commodity; retailer.--The
terms `perishable agricultural commodity' and `retailer' have
the meanings given the terms in section 1(b) of the Perishable
Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)).
``(6) Pork.--The term `pork' means meat produced from hogs.
``(7) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Agricultural Mark
2000
eting
Service.
``(8) Whole farm-raised fish.--The term `whole farm-raised
fish' means--
``(A) whole farmed-raised fish; and
``(B) filets, steaks, nuggets, and any other flesh
from a farm-raised fish.
``SEC. 272. NOTICE OF COUNTRY OF ORIGIN.
``(a) In General.--
``(1) Requirement.--Except as provided in subsection (b), a
retailer of a covered commodity shall inform consumers, at the
final point of sale of the covered commodity to consumers, of
the country of origin of the covered commodity.
``(2) United states country of origin.--A retailer of a
covered commodity may designate the covered commodity as having
a United States country of origin only if the covered
commodity--
``(A) in the case of beef, lamb, and pork, is
exclusively from an animal that is exclusively born,
raised, and slaughtered in the United States; and
``(B) in the case of whole farm-raised fish, is
born, raised, harvested, and processed in the United
States; and
``(C) in the case of a perishable agricultural
commodity, is exclusively produced in the United
States.
``(b) Exemption for Food Service Establishments.--Subsection (a)
shall not apply to a covered commodity if the covered commodity is--
``(1) prepared or served in a food service establishment;
and
``(2)(A) offered for sale or sold at the food service
establishment in normal retail quantities; or
``(B) served to consumers at the food service
establishment.
``(c) Method of Notification.--
``(1) In general.--The information required by subsection
(a) may be provided to consumers by means of a label, stamp,
mark, placard, or other clear and visible sign on the covered
commodity or on the package, display, holding unit, or bin
containing the commodity at the final point of sale to
consumers.
``(2) Labeled commodities.--If the covered commodity is
already individually labeled for retail sale regarding country
of origin, the retailer shall not be required to provide any
additional information to comply with this section.
``(d) Audit Verification System.--The Secretary may require that
any person that prepares, stores, handles, or distributes a covered
commodity for retail sale maintain a verifiable recordkeeping audit
trail that will permit the Secretary to ensure compliance with the
regulations promulgated under section 274.
``(e) Information.--Any person engaged in the business of supplying
a covered commodity to a retailer shall provide information to the
retailer indicating the country of origin of the covered commodity.
``SEC. 273. ENFORCEMENT.
``Section 253 shall apply to a violation of this subtitle.
``SEC. 274. REGULATIONS.
``(a) In General.--The Secretary may promulgate such regulations as
are necessary to carry out this subtitle.
``(b) Partnerships With States.--In promulgating the regulations,
the Secretary shall, to the maximum extent practicable, enter into
partnerships with States with enforcement infrastructure to carry out
this subtitle.
``SEC. 275. APPLICATION.
``This subtitle shall apply to the retail sale of a covered
commodity beginning on the date that is 180 days after the date of the
enactment of this subtitle.''.
Subtitle D--Referenda on Termination of Commodity Promotion Programs
SEC. 1031. REFERENDA ON TERMINATION OF COMMODITY PROMOTION PROGRAMS.
(a) In General.--Section 501 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7401) is amended by adding at the end
the following:
``(e) Periodic Referenda.--
``(1) In general.--The Secretary shall, not less often than
every 5 years, conduct a referendum among persons covered by an
order in effect under a commodity promotion law to determine
whether the persons favor the termination of the order.
``(2) Effect of referendum.--If the termination of an order
is approved in a referendum conducted under this subsection,
the Secretary shall, as soon as practicable, terminate the
order and the collection of assessments pursuant to the order.
``(3) Administration.--The Secretary shall conduct a
referendum under paragraph (1) in accordance with--
``(A) subsection (f); and
``(B)(i) applicable terms and conditions of the
applicable order and commodity promotion law that are
consistent with this section; and
``(ii) to the extent that the applicable order and
commodity promotion law does not have necessary terms
and conditions relating to the termination of the
order, terms and conditions determined by the Secretary
that are consistent with the Commodity Promotion,
Research, and Information Act of 1996 (7 U.S.C. 7411 et
seq.)
``(4) Current orders.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), in the case of an order
issued by the Secretary under a commodity promotion law
that is in effect on the date of enactment of this
subsection, the Secretary shall conduct the initial
referendum under this subsection on the termination of
the order not later than 3 years after the date of
enactment of this subsection.
``(B) Recent referenda.--In the case of an order
issued by the Secretary under a commodity promotion law
with respect to which the Secretary has (during the 2-
year period ending on the date of enactment of this
subsection) completed a referendum on the termination
of the order (not including an advisory referendum),
the Secretary shall conduct the initial referendum
under this subsection not later than 5 years after the
date of completion of the referendum on the termination
of the order.
``(C) Current referenda.--In the case of an order
issued by the Secretary under a commodity promotion law
with respect to which the Secretary has (as of the date
of enactment of this subsection) initiated, but not
completed, a referendum on the termination of the order
(not including an advisory referendum), the Secretary
shall conduct the initial referendum under this
subsection not later than 5 years after the date of
completion of the referendum on the termination of the
order.
``(f) Uniform Procedures for Conducting Referenda.--
``(1) In general.--Notwithstanding any commodity promotion
law, the Secretary shall promulgate such regulations as are
necessary to establish, to the maximum extent practicable, a
uniform, predictable, and transparent procedure applicable to
an order issued by the Secretary under each commodity promotion
law for conducting any referendum (including an advisory
referendum).
``(2) Minimum requirements.--In carrying out paragraph (1),
the Secretary shall promulgate regulations that, at a minimum,
establish accurate and fair procedures--
``(A) in the case of a referendum that is
petitioned for by eligible persons, to validate that a
sufficient number of eligible persons have requested
the referendum;
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``(B) to determine the validity of ballots and to
tabulate referendum results;
``(C) in the case of a referendum conducted in
person, to request, vote, and tabulate absentee
ballots;
``(D) to allow for and govern challenges to the
eligibility of voters, the validity of ballots, and
methods for tabulating ballots;
``(E) to determine the number of persons eligible
to petition for (if applicable), or vote, in a
referendum, including, to the maximum extent
practicable, developing and making available a list of
eligible persons prior to the beginning of the petition
procedure for the referendum (if applicable) or the
Secretary conducting the referendum; and
``(F) to allow eligible persons to vote in a
referendum by mail ballot or by such other method,
instead of in-person voting, prescribed by the
Secretary as will reduce the burden on voters and
ensure the integrity of the referendum.
``(3) Regulations.--
``(A) Proposed regulations.--Not later than 180
days after the date of enactment of this subsection,
the Secretary shall promulgate proposed regulations to
carry out this subsection.
``(B) Final regulations.--Not later than 1 year
after the date of enactment of this subsection, the
Secretary shall promulgate final regulations to carry
out this subsection.
``(g) Marketing Promotion Programs.--Subsections (e) and (f) do not
apply to a promotion program established under a marketing promotion
provision referred to in subsection (a)(1).''.
(b) Technical Amendments.--Section 501(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401(a)) is
amended--
(1) in paragraph (17), by striking ``or'';
(2) in paragraph (18), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(19) any other provision of law enacted after April 4,
1996, that provides for the establishment and operation of a
promotion program described in the first sentence.''.
Subtitle E--Perishable Agricultural Commodities
SEC. 1041. DISCIPLINARY VIOLATIONS.
Section 6 of the Perishable Agricultural Commodities Act, 1930 (7
U.S.C. 499f), is amended--
(1) in the section heading, by striking ``WRITTEN'';
(2) in subsection (b)--
(A) by striking ``(other than an employee of an
agency of the Department of Agriculture administering
this Act)''; and
(B) by striking ``written'' each place it appears;
and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``written''; and
(B) in paragraph (3), by striking ``written''.
TITLE XI--MISCELLANEOUS
SEC. 1101. COTTON CLASSIFICATION SERVICES.
The first sentence of section 3a of the Act of March 3, 1927
(commonly known as the ``Cotton Statistics and Estimates Act'') (7
U.S.C. 473), is amended by striking ``2002'' and inserting ``2006''.
SEC. 1102. AVAILABILITY OF SECTION 32 FUNDS.
Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is
amended in the fourth sentence of the second undesignated paragraph by
striking ``$300,000,000'' and inserting ``$500,000,000''.
SEC. 1103. PSEUDORABIES ERADICATION PROGRAM.
Section 2506(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (21 U.S.C. 114i(d)) is amended by striking ``2002'' and
inserting ``2006''.
SEC. 1104. COLLECTION AND USE OF AGRICULTURAL QUARANTINE AND INSPECTION
FEES.
Section 2509(a)(1) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136a(a)(1)) is amended by striking
``2002'' and inserting ``2006''.
SEC. 1105. COMMODITY PURCHASES.
Section 6(e)(1)(B) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ``2001'' and
inserting ``2003''.
SEC. 1106. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
The Child Nutrition Act of 1966 is amended by inserting after
section 17 (42 U.S.C. 1786) the following:
``SEC. 18. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
``(a) Establishment.--For the period of fiscal years 2002 through
2006, the Secretary shall use $75,000,000 of funds available to the
Commodity Credit Corporation to carry out and expand a seniors farmers'
market nutrition program.
``(b) Program Purposes.--The purposes of the seniors farmers'
market nutrition program are--
``(1) to provide to low-income seniors resources in the
form of fresh, nutritious, unprepared, locally grown fruits,
vegetables, and herbs from farmers' markets, roadside stands,
and community-supported agriculture programs;
``(2) to increase domestic consumption of agricultural
commodities by expanding or assisting in the expansion of
domestic farmers' markets, roadside stands, and community-
supported agriculture programs; and
``(3) to develop or aid in the development of new farmers'
markets, roadside stands, and community-supported agriculture
programs.
``(c) Regulations.--The Secretary may promulgate such regulations
as the Secretary considers necessary to carry out the seniors farmers'
market nutrition program under this section.
``(d) Termination of Effectiveness.--The program established under
subsection (a) terminates on September 30, 2006, and shall be
considered to have expired notwithstanding section 257 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907).''.
SEC. 1107. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.
(a) In General.--The Secretary of Agriculture (acting through the
Agricultural Marketing Service) shall use $3,500,000 of funds of the
Commodity Credit Corporation for fiscal year 2002 to establish a
national organic certification cost-share program to assist producers
and handlers of agricultural products in obtaining certification under
the national organic production program established under the Organic
Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
(b) Federal Share.--
(1) In general.--Subject to paragraph (2), the Secretary
shall pay under this section not more than 75 percent of the
costs incurred by a producer or handler in obtaining
certification under the national organic production program, as
certified to and approved by the Secretary.
(2) Maximum amount.--The maximum amount of a payment made
to a producer or handler under this section shall be $500.
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