2000
[DOCID: f:s1731pcs.txt]
Calendar No. 237
107th CONGRESS
1st Session
S. 1731
To strengthen the safety net for agricultural producers, to enhance
resource conservation and rural development, to provide for farm
credit, agricultural research, nutrition, and related programs, to
ensure consumers abundant food and fiber, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 27, 2001
Mr. Harkin, from the Committee on Agriculture, Nutrition, and Forestry,
reported the following original bill; which was read twice and placed
on the calendar
_______________________________________________________________________
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:
TITLE I--COMMODITY PROGRAMS
Sec. 101. Definitions.
Subtitle A--Direct and Counter-Cyclical Payments
Sec. 111. Direct and counter-cyclical payments.
Sec. 112. Violations of contracts.
Sec. 113. Planting flexibility.
Subtitle B--Nonrecourse Marketing Assistance Loans and Loan Deficiency
Payments
Sec. 121. Nonrecourse marketing assistance loans and loan deficiency
payments.
Sec. 122. Eligible production.
Sec. 123. Loan rates.
Sec. 124. Term of loans.
Sec. 125. Repayment of loans.
Sec. 126. Loan deficiency payments.
Subtitle C--Other Commodities
Chapter 1--Dairy
Sec. 131. Milk price support program.
Sec. 132. National dairy program.
Sec. 133. Dairy export incentive and dairy indemnity programs.
Sec. 134. Fluid milk promotion.
Sec. 135. Dairy product mandatory reporting.
Sec. 136. Funding of dairy promotion and research program.
Chapter 2--Sugar
Sec. 141. Sugar program.
Sec. 142. Storage facility loans.
Sec. 143. Flexible marketing allotments for sugar.
Chapter 3--Peanuts
Sec. 151. Peanut program.
Sec. 152. Termination of marketing quotas for peanuts and compensation
to peanut quota holders.
Subtitle D--Administration
Sec. 161. Adjustment authority related to Uruguay Round compliance.
Sec. 162. Suspension of permanent price support authority.
Sec. 163. Commodity purchases.
Sec. 164. Hard white wheat incentive payments.
Sec. 165. Payment limitations.
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 assessment 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. Farmland protection program.
Sec. 218. Grassland reserve program.
Sec. 219. State technical committees.
Sec. 220. Use of symbols, slogans, and logos.
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 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 program.
Sec. 313. Farmer-to-farmer program.
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.
Sec. 325. Food for progress and education programs.
Sec. 326. Exporter assistance initiative.
Subtitle C--Miscellaneous Agricultural Trade Provisions
Sec. 331. Bill Emerson Humanitarian Trust.
Sec. 332. Emerging markets.
Sec. 333. Biotechnology and agricultural trade program.
Sec. 334. Surplus commodities for developing or friendly countries.
Sec. 335. Agricultural trade with Cuba.
Sec. 336. Sense of Congress concerning agricultural trade.
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 determination of deductions.
Sec. 418. Simplified definition of resources.
Sec. 419. Alternative issuance systems in disasters.
Sec. 420. State option to reduce reporting requirements.
Sec. 421. Benefits for adults without dependents.
Sec. 422. Preservation of access to electronic benefits.
Sec. 423. Cost neutrality for electronic benefit transfer systems.
Sec. 424. Alternative procedures for residents of certain group
facilities.
Sec. 425. Availability of food stamp program applications on the
Internet.
Sec. 426. Simplified determinations of continuing eligibility.
Sec. 427. Clearinghouse for successful nutrition education efforts.
Sec. 428. Transitional food stamps for families moving from welfare.
Sec. 429. Delivery to retailers of notices of adverse action.
Sec. 430. Reform of quality control system.
Sec. 431. Improvement of calculation of State performance measures.
Sec. 432. Bonuses for States that demonstrate high performance.
Sec. 433. Employment and training program.
Sec. 434. Reauthorization of food stamp program and food distribution
program on Indian reservations.
Sec. 435. Coordination of program information efforts.
Sec. 436. Expanded grant authority.
Sec. 437. Access and outreach pilot projects.
Sec. 438. Consolidated block grants and administrative funds.
Sec. 439. Assistance for community food projects.
Sec. 440. Availability of commodities for the emergency food assistance
program.
Sec. 441. Innovative programs for addressing common community problems.
Sec. 442. Report on use of electronic benefit transfer systems.
Sec. 443. Vitamin and mineral supplements.
Subtitle B--Miscellaneous Provisions
Sec. 451. Reauthorization of commodity programs.
Sec. 452. Partial restoration of benefits to legal immigrants.
Sec. 453. Commodities for school lunch programs.
Sec. 454. Eligibility for free and reduced price meals.
Sec. 455. Eligibility for assistance under the special supplemental
2000
nutrition program for women, infants, and
children.
Sec. 456. Seniors farmers' market nutrition program.
Sec. 457. Fruit and vegetable pilot program.
Sec. 458. Congressional Hunger Fellows Program.
Sec. 459. Nutrition information and awareness pilot program.
Sec. 460. 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. 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.
Sec. 607. National Rural Development Information Clearinghouse.
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. Rural cooperative development grants.
Sec. 632. Grants to broadcasting systems.
Sec. 633. Business and industry loan modifications.
Sec. 634. Value-added intermediary relending program.
Sec. 635. Use of rural development loans and grants for other purposes.
Sec. 636. Simplified application forms for loan guarantees.
Sec. 637. Definition of rural and rural area.
Sec. 638. Rural entrepreneurs and microenterprise assistance program.
Sec. 639. Rural seniors.
Sec. 640. Children's day care facilities.
Sec. 641. Rural telework.
Sec. 642. Historic barn preservation.
Sec. 643. Grants for emergency weather radio transmitters.
Sec. 644. Bioenergy and biochemical projects.
Sec. 645. Delta Regional Authority.
Sec. 646. SEARCH grants for small communities.
Sec. 647. 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. Bioenergy and biochemical projects.
Sec. 662. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 663. Expansion of 911 access.
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. Competitive research facilities grant program.
Sec. 705. Grants for research on the production and marketing of
alcohols and industrial hydrocarbons from
agricultural commodities and forest
products.
Sec. 706. Policy research centers.
Sec. 707. Human nutrition intervention and health promotion research
program.
Sec. 708. Pilot research program to combine medical and agricultural
research.
Sec. 709. Nutrition education program.
Sec. 710. Animal health and disease research programs.
Sec. 711. Research on national or regional problems.
Sec. 712. Education grants programs for Hispanic-serving institutions.
Sec. 713. Competitive grants for international agricultural science and
education programs.
Sec. 714. Indirect costs.
Sec. 715. Research equipment grants.
Sec. 716. Agricultural research programs.
Sec. 717. Extension education.
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.
Sec. 723. Biosecurity planning and response programs.
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.
Sec. 749. Senior Scientific Research Service.
Subtitle D--Land-Grant Funding
2000
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. Eligibility 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. Priority-setting process.
Sec. 772.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.
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.
Sec. 798. Rural policy research.
Sec. 798A. Priority for farmers and ranchers participating in
conservation programs.
Sec. 798B. Organic production and market data initiatives.
Sec. 798C. Organically produced product research and education.
Sec. 798D. International organic research collaboration.
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. Forest fire research centers.
Sec. 808. Wildfire prevention and hazardous fuel purchase program.
Sec. 809. Enhanced community fire protection.
Sec. 810. Watershed forestry assistance program.
Sec. 811. General provisions.
Sec. 812. 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. Rural Electrification Act of 1936.
Sec. 905. Carbon sequestration demonstration program.
Sec. 906. Sense of Congress concerning national renewable fuels
standard.
Sec. 907. Sense of Congress concerning the bioenergy program of the
Department of Agriculture.
TITLE X--MISCELLANEOUS
Subtitle A--Country of Origin and Quality Grade Labeling
Sec. 1001. Country of origin labeling.
Sec. 1002. Quality grade labeling of imported meat and meat food
products.
Subtitle B--Crop Insurance
Sec. 1011. Continuous coverage.
Sec. 1012. Quality loss adjustment procedures.
Sec. 1013. Conservation requirements.
Subtitle C--General Provisions
Sec. 1021. Unlawful stockyard practices involving nonambulatory
livestock.
Sec. 1022. Cotton classification services.
Sec. 1023. Protection for purchasers of farm products.
Sec. 1024. Penalties and foreign commerce provisions of the Animal
Welfare Act.
Sec. 1025. Prohibition on interstate movement of animals for animal
fighting.
Sec. 1026. Outreach and assistance for socially disadvantaged farmers
and ranchers.
Sec. 1027. Public disclosure requirements for county committee
elections.
Sec. 1028. Pseudorabies eradication program.
Sec. 1029. Tree assistance program.
Sec. 1030. National organic certification cost-share program.
Sec. 1031. Food Safety Commission.
Sec. 1032. Humane methods of animal slaughter.
Subtitle D--Administration
Sec. 1041. Regulations.
Sec. 1042. Effect of amendments.
TITLE I--COMMODITY PROGRAMS
SEC. 101. DEFINITIONS.
Section 102 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7202) is amended to read as follows:
``SEC. 102. DEFINITIONS.
``In this title:
``(1) Agricultural act of 1949.--Except in section 171, the
term `Agricultural Act of 1949' means the Agricultural Act of
1949 (7 U.S.C. 1421 et seq.), as in effect prior to the
suspensions under section 171(b)(1).
``(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 eligible owners and producers on the farm, as
determined by the Secretary; and
``(B) was not planted to another contract commodity
(other than a contract commodity produced under an
established practice of double cropping).
``(3) Contract.--The term `contract' means a contract
entered into under subtitle B.
``(4) Contract acreage.--The term `contract acreage' means
the contract acreage determined under section 111(f).
``(5) Contract commodity.--The term `contract commodity'
means wheat, corn, grain sorghum, barley, oats, upland cotton,
rice, and oilseeds.
``(6) Contract payment.--The term `contract payment' means
a payment made under subtitle B pursuant to a contract.
``(7) Department.--The term `Department' means the
Department of Agriculture.
``(8) 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.
``(9) Loan commodity.--The term `loan commodity' means
wheat, corn, grain sorghum, barley, oats, upland cotton, extra
long staple cotton, rice, oilseeds, wool, mohair, honey, dry
peas, lentils, and chickpeas.
2000
``(10) Oilseed.--The term `oilseed' means a crop of
soybeans, sunflower seed, rapeseed, canola, safflower,
flaxseed, mustard seed, and, if designated by the Secretary,
other oilseeds.
``(11) Payment yield.--The term `payment yield' means a
payment yield determined under section 111(g).
``(12) 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; and
``(ii) is entitled to share in the crop
available for marketing from the farm, or would
have shared had the crop been produced.
``(B) Hybrid seed.--In determining whether a grower
of hybrid seed is a producer, the Secretary shall not
take into consideration the existence of a hybrid seed
contract.
``(13) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(14) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the
United States.
``(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. DIRECT AND COUNTER-CYCLICAL PAYMENTS.
Sections 111 through 114 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7211 through 7214) are amended to read as
follows:
``SEC. 111. AUTHORIZATION FOR CONTRACTS.
``(a) In General.--The Secretary shall offer to enter into a
contract with an eligible owner or producer described in subsection (b)
on a farm containing eligible cropland under which the eligible owner
or producer will receive direct payments and counter-cyclical payments
under sections 113 and 114, respectively.
``(b) Eligible Owners and Producers.--
``(1) In general.--Subject to paragraphs (2) and (3), an
owner or producer on a farm 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.
``(3) Cash-rent owners.--
``(A) In general.--An owner of eligible cropland
that cash rents the eligible cropland under a lease
term that expires before the end of 2006 crop year
shall be eligible to enter into a contract if the
tenant declines to enter into the contract.
``(B) Contract payments.--In the case of an owner
covered by subparagraph (A), the Secretary shall not
make contract payments to the owner under the contract
until the lease held by the tenant terminates.
``(c) Compliance With Certain Requirements.--Under the terms of a
contract, the owner or producer shall agree, in exchange for annual
contract 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
contract acreage, for an agricultural or conserving use or
related activity, and not for a nonagricultural commercial or
industrial use, as determined by the Secretary.
``(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.
``(e) 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 contract commodity--
``(i) contract acreage attributable to the
land; and
``(ii) a payment yield; or
``(B) was subject to a conservation reserve
contract under section 1231 of the Food Security Act of
1985 (16 U.S.C. 3831) with a term that expired, or was
voluntarily terminated, on or after the date of
enactment of this paragraph.
``(2) Quantity of eligible cropland covered by contract.--
An eligible owner or producer may enroll as contract acreage
under this subtitle all or a portion of the eligible cropland
on the farm.
``(3) Voluntary reduction in contract acreage.--An eligible
owner or producer that enters into a contract may subsequently
reduce the quantity of contract acreage covered by the
contract.
``(f) Contract Acreage.--
``(1) In general.--Subject to subsection (h), for the
purpose of making direct payments and counter-cyclical payments
to eligible owners and producers on a farm, the Secretary shall
provide the eligible owners and producers on the farm with an
opportunity to elect 1 of the following methods as the method
by which the contract acreages for the 2002 through 2006 crops
of all contract commodities for a farm are determined:
``(A) The 4-year average of acreage planted or
considered planted to a contract commodity for harvest,
grazing, haying, silage, or other similar purposes
during each of the 1998 through 2001 crop
2000
years.
``(B) The total of--
``(i) the contract acreage (as defined in
section 102 (as in effect before the amendment
made by section 101 of the Agriculture,
Conservation, and Rural Enhancement Act of
2001)) that would have been used by the
Secretary to calculate the payment for fiscal
year 2002 under such section 102 for the
contract commodity on the farm; and
``(ii) the 4-year average determined under
subparagraph (A) for each oilseed produced on
the farm.
``(C) In the case of land described in section
112(a)(3), land with eligible base, as determined by
the Secretary.
``(2) Prevention of excess contract acreages.--
``(A) Required reduction.--If the total of the
contract acreages for a farm, together with the acreage
described in subparagraph (C), exceeds the actual
cropland acreage of the farm, the Secretary shall
reduce the quantity of contract acreages for 1 or more
contract commodities for the farm or peanut acres as
necessary so that the total of the contract acreages
and acreage described in subparagraph (C) does not
exceed the actual cropland acreage of the farm.
``(B) Selection of acres.--The Secretary shall give
the eligible owners and producers on the farm the
opportunity to select the contract acreages or peanut
acres against which the reduction will be made.
``(C) Other acreage.--For purposes of subparagraph
(A), the Secretary shall include--
``(i) any peanut acres for the farm under
chapter 3 of subtitle D;
``(ii) 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
``(iii) any other acreage on the farm
enrolled in a voluntary Federal conservation
program under which production of any
agricultural commodity is prohibited.
``(D) Double-cropped acreage.--In applying
subparagraph (A), 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.
``(g) Payment Yields.--
``(1) In general.--Subject to paragraph (2) and subsection
(h), an eligible owner or producer that has entered into a
contract under this subtitle may make a 1-time election to have
the payment yield for a payment for each of the 2002 through
2006 crops of all contract commodities for a farm be equal to--
``(A) an amount that is the greater of--
``(i) the average of the yield per
harvested acre for the crop of the contract
commodity for the farm for the 1998 through
2001 crop years, excluding--
``(I) any crop year for which the
producers on the farm did not plant the
contract commodity; and
``(II) at the option of the
producers on the farm, 1 additional
crop year; or
``(ii) the farm program payment yield
described in subparagraph (B); or
``(B) the farm program payment yield established
for the 1995 crop of a contract commodity under section
505 of the Agricultural Act of 1949 (7 U.S.C. 1465), as
adjusted by the Secretary to account for any additional
yield payments made with respect to that crop under
section 505(b)(2) of that Act.
``(2) Assigned yields.--In the case of a farm for which
yield records are unavailable for a contract commodity
(including land of a farm that is devoted to an oilseed under a
former conservation reserve contract described in section
112(a)(3)), the Secretary shall establish an appropriate
payment yield for the contract commodity on the farm taking in
consideration the payment yields applicable to the contract
commodity under paragraph (1) for similar farms in the area,
taking into consideration the yield election for the farm under
subsection (h).
``(h) Eligible Owner and Producer Election Options.--
``(1) In general.--In making elections under subsections
(f) and (g), eligible owners and producers on a farm shall
elect to have--
``(A)(i) contract acreage for the farm determined
under subsection (f)(1)(A); and
``(ii) payment yields determined under subsection
(g)(1)(A); or
``(B)(i) contract acreage for the farm determined
under subsection (f)(1)(B); and
``(ii) payment yields determined under--
``(I) in the case of contract commodities
other than oilseeds, subsection (g)(1)(B); and
``(II) in the case of oilseeds, subsection
(g)(1)(A).
``(2) Single election; time for election.--
``(A) Single election.--The eligible owners and
producers on a farm shall have 1 opportunity to make
the election described in paragraph (1).
``(B) Time for election.--Subject to section
112(a)(3), not later than 180 days after the date of
enactment of this subsection, the eligible owners and
producers on a farm shall notify the Secretary of the
election made by the eligible owners and producers on
the farm under paragraph (1).
``(3) Effect of failure to make election.--If the producers
on a farm fail to make the election under paragraph (1), or
fail to timely notify the Secretary of the selected option as
required by paragraph (2), the eligible owners and producers on
the farm shall be deemed to have made the election described in
paragraph (1)(B) for the purpose of determining the contract
acreages for all contract commodities on the farm.
``(4) Application of election to all contract
commodities.--The election made under paragraph (1) or deemed
to be made under paragraph (3) with respect to a farm shall
apply to all of the contract commodities produced on the farm.
``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 the Agriculture,
Conservation, and Rural Enhancement Act of 2001.
``(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 that Act.
``(3) Conservation reserve land.--
``(A) In general.--At the begi
2000
nning of each fiscal
year, the Secretary shall allow an eligible owner or
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 terminated
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) Election.--For the fiscal year and crop year
for which a contract acreage adjustment under
subparagraph (A) is first made, the eligible owners and
producers on the farm shall elect to receive--
``(i) direct payments and counter-cyclical
payments under sections 113 and 114,
respectively, with respect to the acreage added
to the farm under this paragraph; or
``(ii) a prorated payment under the
conservation reserve contract.
``(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.--Subject to sections 116 and 117, the
term of a contract shall extend through the 2006 crop, unless
earlier terminated by the eligible owners or producers on a
farm.
``SEC. 113. DIRECT PAYMENTS.
``(a) In General.--For each of the 2002 through 2006 fiscal years,
the Secretary shall make direct payments available to eligible owners
and producers on a farm that have entered into a contract to receive
payments under this section.
``(b) Payment Amount.--The amount of a direct payment to be paid to
the eligible owners and producers on a farm for a contract commodity
for a fiscal year under this section shall be obtained by multiplying--
``(1) the payment rate for the contract commodity specified
in subsection (c);
``(2) the contract acreage attributable to the contract
commodity for the farm; and
``(3) the payment yield for the contract commodity for the
farm.
``(c) Payment Rate.--The payment rates used to make direct payments
with respect to contract commodities for a fiscal year under this
section are as follows:
``(1) Wheat.--In the case of wheat:
``(A) For each of fiscal years 2002 and 2003,
$0.450 per bushel.
``(B) For each of fiscal years 2004 and 2005,
$0.225 per bushel.
``(C) For fiscal year 2006, $0.113 per bushel.
``(2) Corn.--In the case of corn:
``(A) For each of fiscal years 2002 and 2003,
$0.270 per bushel.
``(B) For each of fiscal years 2004 and 2005,
$0.135 per bushel.
``(C) For fiscal year 2006, $0.068 per bushel.
``(3) Grain sorghum.--In the case of grain sorghum:
``(A) For the 2002 fiscal year, $0.310 per bushel.
``(B) For the 2003 fiscal year, $0.270 per bushel.
``(C) For each of fiscal years 2004 and 2005,
$0.135 per bushel.
``(D) For fiscal year 2006, $0.068 per bushel.
``(4) Barley.--In the case of barley:
``(A) For each of fiscal years 2002 and 2003,
$0.200 per bushel.
``(B) For each of fiscal years 2004 and 2005,
$0.100 per bushel.
``(C) For fiscal year 2006, $0.050 per bushel.
``(5) Oats.--In the case of oats:
``(A) For each of fiscal years 2002 and 2003,
$0.050 per bushel.
``(B) For each of fiscal years 2004 and 2005,
$0.025 per bushel.
``(C) For fiscal year 2006, $0.013 per bushel.
``(6) Upland cotton.--In the case of upland cotton:
``(A) For each of fiscal years 2002 and 2003,
$0.130 per pound.
``(B) For each of fiscal years 2004 and 2005,
$0.065 per pound.
``(C) For fiscal year 2006, $0.0325 per pound.
``(7) Rice.--In the case of rice:
``(A) For each of fiscal years 2002 and 2003,
$2.450 per hundredweight.
``(B) For each of fiscal years 2004 and 2005,
$1.225 per hundredweight.
``(C) For fiscal year 2006, $0.6125 per
hundredweight.
``(8) Soybeans.--In the case of soybeans:
``(A) For each of fiscal years 2002 and 2003,
$0.550 per bushel.
``(B) For each of fiscal years 2004 and 2005,
$0.275 per bushel.
``(C) For fiscal year 2006, $0.138 per bushel.
``(9) Oilseeds (other than soybeans).--In the case of
oilseeds (other than soybeans):
``(A) For each of fiscal years 2002 and 2003,
$0.010 per pound.
``(B) For each of fiscal years 2004 and 2005,
$0.005 per pound.
``(C) For fiscal year 2006, $0.0025 per pound.
``(d) Time for Payments.--
``(1) Initial payment.--At the option of the eligible
owners and producers on a farm, the Secretary shall pay 50
percent of the direct payment for a crop of a contract
commodity for the eligible owners and producers on the farm on
or after December 1 of the fiscal year, as determined by the
Secretary.
``(2) Final payment.--The Secretary shall pay the final
amount of the direct payment that is payable to the eligible
owners and producers on a farm for a contract commodity under
subsection (a) (less the amount of any initial payment made to
the producers on the farm of the contract commodity under
paragraph (1)) not later than September 30 of the fiscal year,
as determined by the Secretary.
``SEC. 114. COUNTER-CYCLICAL PAYMENTS.
``(a) In General.--For each of the 2002 through 2006 crop years,
the Secretary shall make counter-cyclical payments to eligible owners
and producers on a farm of each contract commodity that have entered
into a contract to receive payments under this section.
``(b) Payment Amount.--The amount of the payments made to eligible
owners and producers on a farm for a crop of a contract commodity under
this section shall equal the amount obtained by multiplying--
``(1) the payment rate for the contract commodity specified
in subsection (c);
``(2) the contract acreage attributable to the contract
commodity for the farm; and
``(3) the payment yield for the contract commodity for the
farm.
``(c) Payment Rates.--
``(1) In general.--The payment rate for a crop of a
contract commodity under subsection (b)(1) shall equal the
difference between--
``(A) the income protection price for the contract
commodity established under paragraph (2); and
``(B) the total of--
``(i) the higher of--
``(I) the average price of the
contract commodity during the first 5
months of the marketing year of the
contract commodit
2000
y, as determined by
the Secretary; and
``(II) the loan rate for the crop
of the contract commodity under section
132; and
``(ii) the direct payment for the contract
commodity under section 113 for the fiscal year
that precedes the date of a payment under this
section.
``(2) Income protection prices.--The income protection
prices for contract commodities under paragraph (1)(A) are as
follows:
``(A) Wheat, $3.45 per bushel.
``(B) Corn, $2.35 per bushel.
``(C) Grain sorghum, $2.35 per bushel.
``(D) Barley, $2.20 per bushel.
``(E) Oats, $1.55 per bushel.
``(F) Upland cotton, $0.680 per pound.
``(G) Rice, $9.30 per hundredweight.
``(H) Soybeans, $5.75 per bushel.
``(I) Oilseeds (other than soybeans), $0.105 per
pound.
``(d) Time for Payment.--The Secretary shall make counter-cyclical
payments for each of the 2002 through 2006 crop years not later than
190 days after the beginning of marketing year for the crop of the
contract commodity.''.
SEC. 112. VIOLATIONS OF CONTRACTS.
Section 116 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7216) is amended--
(1) in the first sentence of subsection (a)--
(A) by striking ``subsection (b)'' and inserting
``subsections (b) and (e)''; and
(B) by striking ``section 111(a)'' and inserting
``this subtitle'';
(2) in subsection (b), by striking ``If'' and inserting
``Except as provided in subsection (e), if''; and
(3) by adding at the end the following:
``(e) Planting Flexibility.--In the case of a first violation of
section 118(b) by an eligible owner or producer that has entered into a
contract and that acted in good faith, in lieu of terminating the
contract under subsection (a), the Secretary shall require a refund or
reduce a future contract payment under subsection (b) in an amount that
does not exceed twice the amount otherwise payable under the contract
on the number of acres involved in the violation.''.
SEC. 113. PLANTING FLEXIBILITY.
Section 118(b) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7218(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Limitations.--The planting of the following
agricultural commodities shall be prohibited on contract
acreage:
``(A) Fruits.
``(B) Vegetables (other than lentils, mung beans,
dry peas, and chickpeas).
``(C) In the case of the 2003 and subsequent crops
of an agricultural commodity, wild rice.''; and
(2) in paragraph (2)(C), by striking ``1991 through 1995''
and inserting ``1996 through 2001''.
Subtitle B--Nonrecourse Marketing Assistance Loans and Loan Deficiency
Payments
SEC. 121. NONRECOURSE MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
PAYMENTS.
(a) In General.--Sections 131(a) and 137 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7231(a), 7237) are amended
by striking ``2002'' each place it appears and inserting ``2006''.
(b) Upland Cotton.--Sections 134(e)(1), 136, and 136A(a) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7234(e)(1), 7236, 7236a(a)) are amended by striking ``2003'' each place
it appears and inserting ``2007''.
SEC. 122. ELIGIBLE PRODUCTION.
Section 131 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7231) is amended by striking subsection (b) and
inserting the following:
``(b) Eligible Production.--The producers on a farm shall be
eligible for a marketing loan under subsection (a) for any quantity of
a loan commodity produced on the farm.''.
SEC. 123. LOAN RATES.
(a) In General.--Section 132 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7232) is amended to read as follows:
``SEC. 132. LOAN RATES.
``(a) In General.--Subject to subsection (b), the loan rate for a
marketing assistance loan under section 131 for a loan commodity shall
be--
``(1) in the case of wheat, $3.00 per bushel;
``(2) in the case of corn, $2.08 per bushel;
``(3) in the case of grain sorghum, $2.08 per bushel;
``(4) in the case of barley, $2.00 per bushel;
``(5) in the case of oats, $1.50 per bushel;
``(6) in the case of upland cotton, $0.55 per pound;
``(7) in the case of extra long staple cotton, $0.7965 per
pound;
``(8) in the case of rice, $6.85 per hundredweight;
``(9) in the case of soybeans, $5.20 per bushel;
``(10) in the case of oilseeds (other than soybeans),
$0.095 per pound;
``(11) in the case of graded wool, $1.00 per pound;
``(12) in the case of nongraded wool, $.40 per pound;
``(13) in the case of mohair, $2.00 per pound;
``(14) in the case of honey, $.60 per pound;
``(15) in the case of dry peas, $6.78 per hundredweight;
``(16) in the case of lentils, $12.79 per hundredweight;
``(17) in the case of large chickpeas, $17.44 per
hundredweight; and
``(18) in the case of small chickpeas, $8.10 per
hundredweight.
``(b) 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.--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.''.
(b) Conforming Amendment.--Section 162 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7282) is repealed.
SEC. 124. TERM OF LOANS.
Section 133 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7233) is amended to read as follows:
``SEC. 133. TERM OF LOANS.
``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.''.
SEC. 125. REPAYMENT OF LOANS.
Section 134(a) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7234(a)) is amended--
(1) by striking ``wheat, corn, grain sorghum, barley, oats,
and oilseeds'' and inserting ``a loan commodity (other than
upland cotton, rice, and extra long staple cotton)''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries.''.
SEC. 126. LOAN DEFICIENCY PAYMENTS.
Section 135 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7235) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may make loan deficiency payments
available to producers on a farm that, although eligible to obtai
2000
n a
marketing assistance loan under section 131 with respect to a loan
commodity, agree to forgo obtaining the loan for the loan commodity in
return for payments under this section.''; and
(2) by striking subsections (e) and (f) and inserting the
following:
``(e) Beneficial Interest.--
``(1) In general.--A producer shall be eligible for a
payment for a loan commodity under this section only if the
producer has a beneficial interest in the loan commodity, as
determined by the Secretary.
``(2) Application.--The Secretary shall make a payment
under this section to the producers on a farm with respect to a
quantity of a loan commodity as of the earlier of--
``(A) the date on which the producers on the farm
marketed or otherwise lost beneficial interest in the
loan commodity, as determined by the Secretary; or
``(B) the date the producers on the farm request
the payment.''.
Subtitle C--Other Commodities
CHAPTER 1--DAIRY
SEC. 131. MILK PRICE SUPPORT PROGRAM.
(a) In General.--Section 141 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7251) is amended--
(1) in subsections (b)(4) and (h), by striking ``2001''
each place it appears and inserting ``2006''; and
(2) in the first sentence of subsection (d)(1), by striking
``may'' and inserting ``shall''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on January 1, 2002.
SEC. 132. NATIONAL DAIRY PROGRAM.
Section 142 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7252) is amended to read as follows:
``SEC. 142. NATIONAL DAIRY PROGRAM.
``(a) Purpose.--The purpose of this section is to establish a
program that will stabilize the production, price, and marketing of
milk and other dairy products in the United States which is critical to
the welfare of the United States.
``(b) Definitions.--In this section:
``(1) Class i, ii, iii, and iv milk.--The terms `Class I
milk', `Class II milk', `Class III milk', and `Class IV milk'
mean milk (including milk components) classified as Class I,
II, III, or IV milk, respectively, under a Federal milk
marketing order.
``(2) Eligible production.--The term `eligible production'
means, with respect to each producer that operates a dairy
farming operation, the lesser of--
``(A) the quantity of milk sold by the dairy
farming operation under any Federal milk marketing
order during the applicable month; or
``(B) 500,000 pounds of milk per month.
``(3) Federal milk marketing order.--The term `Federal milk
marketing order' means an order issued under section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937.
``(4) Marketing area.--The term `marketing area' means a
marketing area defined under a Federal milk marketing order.
``(5) Producer.--The term `producer' means an individual or
entity that directly or indirectly (as determined by the
Secretary)--
``(A) shares in the risk of producing milk; and
``(B) makes contributions (including land, labor,
management, equipment, or capital) to the dairy farming
operation of the individual or entity that are at least
commensurate with the individual or entity's share of
the proceeds of the operation.
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(c) Minimum Price.--Effective beginning January 1, 2002, the
Secretary shall amend Federal milk marketing orders to establish a
minimum price per hundredweight for Class I milk that is not less than
the sum of--
``(1) the adjusted Class I milk differential specified in
section 1000.52 of title 7, Code of Federal Regulations (or a
successor regulation); and
``(2) the greater of--
``(A) the advanced Class III milk price (as
determined under section 1000.50(q)(4)(i) of title 7,
Code of Federal Regulations (or a successor
regulation));
``(B) the advanced Class IV milk price (as
determined under section 1000.50(q)(4)(ii) of title 7,
Code of Federal Regulations (or a successor
regulation)); or
``(C) $14.25.
``(d) National Pooling.--Notwithstanding any other provision of
law, the Secretary--
``(1) shall provide for the uniform national pooling among
producers of milk under all Federal milk marketing orders of
all funds that are equal to the difference between--
``(A) the price of Class I milk as determined under
this section; and
``(B) the price of Class I milk that would be
determined if this section were not in effect;
``(2) subject to subsection (e), shall provide for the
distribution of amounts described in paragraph (1) to all
producers covered by Federal milk marketing orders, based on
eligible production under Federal milk marketing orders, at a
uniform rate per hundredweight; and
``(3) may make such modifications in the operation of
Federal milk marketing orders as are necessary to carry out
this section.
``(e) Administrative and Food Assistance Costs.--The Secretary
shall use amounts described in subsection (d)(1) to provide
compensation to--
``(1) the Secretary for--
``(A) administrative costs incurred by the
Secretary in carrying out subsections (c) and (d); and
``(B) the increased costs incurred by the Secretary
of any milk and milk products provided under any food
assistance program administered by the Secretary that
results from carrying out subsections (c) and (d);
``(2) each State for the increased costs incurred by the
State of any milk and milk products provided under the special
supplemental nutrition program for women, infants, and children
established by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786) that results from carrying out subsections (c)
and (d); and
``(3) the Commodity Credit Corporation for any additional
costs for a fiscal year to carry out section 141 as a result of
increased production of milk in a marketing area that results
from carrying out subsections (c) and (d).
``(f) Counter-Cyclical Payments from Secretary to Producers.--
``(1) In general.--Subject to paragraph (3), if the average
price for Class III milk during a month is less than $14.25 per
hundredweight, the Secretary shall use the funds of the
Commodity Credit Corporation in such amounts as may be
necessary to make a payment to each producer for eligible
production of milk in an amount determined by multiplying--
``(A) the payment rate determined under paragraph
(2); by
``(B) the quantity of Class II, Class III, and
Class IV milk produced by the producer during the
month, as determined by the Secretary.
``(2) Payment rate.--The payment rate for a payment made to
a producer for a month under paragraph (1)(A) shall equal 25
percent of the difference between--
``(A) $14.25 per hundredweight; and
``(B) the average
2000
price for Class III milk during
the month, as determined by the Secretary.
``(3) Maximum amount of payments.--The total amount of
payments made to producers for a fiscal year under this
subsection shall not exceed $300,000,000.''.
SEC. 133. 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. 134. 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.''.
(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. 135. 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. 136. 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 a
dairy product 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 paragraphs 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 immediately
preceding 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 a dairy product is released from
custody of Customs and introduced into the
stream of commerce within the United States.
``(iii) Importers.--For purposes of this
subparagraph, an importer includes--
``(I) a person that holds title to
a dairy product produced outside the
United States immediately on release by
Customs; and
``(II) a person that acts on behalf
of other persons, as an agent, broker,
or consignee, to secure the release of
a dairy product from Customs and
introduce the released dairy product
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.
2000
``(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; and
(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
into the United States during the applicable 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. 141. SUGAR PROGRAM.
(a) Loan Rate Adjustments.--Section 156(c) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(c)) is
amended--
(1) by striking ``Reduction in Loan Rates'' and inserting
``Loan Rate Adjustments''; and
(2) in paragraph (1)--
(A) by striking ``Reduction required'' and
inserting ``In general''; and
(B) by striking ``shall'' and inserting ``may''.
(b) Loan Type; Processor Assurances.--Section 156(e) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(e)) is
amended--
(1) by striking paragraph (2) and inserting the following:
``(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 the sugar beets and
sugarcane delivered by producers to the processor.
``(B) Minimum payments.--
``(i) In general.--Subject to clause (ii),
the Secretary may establish appropriate minimum
payments for purposes of this paragraph.
``(ii) Limitation.--In the case of sugar
beets, the minimum payment established under
clause (i) shall not exceed the rate of payment
provided for under the applicable contract
between a sugar beet producer and a sugar beet
processor.
``(C) Bankruptcy or insolvency of processors.--
``(i) In general.--The Secretary shall use
funds of the Commodity Credit Corporation to
pay a producer of sugar beets or sugarcane loan
benefits described in clause (ii) if--
``(I) a processor that has entered
into a contract with the producer has
filed for bankruptcy protection or is
otherwise insolvent;
``(II) the assurances under
subparagraph (A) are not adequate to
ensure compliance with subparagraph
(A), as determined by the Secretary;
``(III) the producer demands
payments of loan benefits required
under this section from the processor;
and
``(IV) the Secretary determines
that the processor is unable to provide
the loan benefits required under this
section.
``(ii) Amount.--The amount of loan benefits
provided to a producer under clause (i) shall
be equal to--
``(I) the maximum amount of loan
benefits the producer would have been
entitled to receive under this section
during the 30-day period beginning on
the final settlement date provided for
in the contract between the producer
and processor; less
``(II) any such benefits received
by the producer from the processor.
``(iii) Administration.--On payment to a
producer under clause (i), the Secretary
shall--
``(I) be subrogated to all claims
of the producer against the processor
and other persons responsible for
nonpayment; and
``(II) have authority to pursue
such claims as are necessary to recover
the benefits not paid to the producer
by the processor.''; and
(2) by adding at the end the following:
``(3) Administration.--The Secretary may not impose or
enforce any prenotification or similar administrative
requirement that has the effect of preventing a processor from
electing to forfeit the loan collateral on the maturity of the
loan.''.
(c) Termination of Marketing Assessment.--Effective October 1,
2001, section 156 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7272) is amended by striking subsection (f).
(d) Termination of Forfeiture Penalty.--Section 156 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is
amended by striking subsection (g).
(e) In-Process Sugar.--Section 156 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272) (as amended by
subsections (c) and (d)) is amended by inserting after subsection (e)
the following:
``(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 crop.
``(3) Loan rate.--The loan rate shall be equal to 80
percent of the loan rate applicable to raw cane sugar or
2000
refined beet sugar, as determined by the Secretary 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 of 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 Commodity Credit Corporation.
``(C) Payment to processor.--On transfer of the
sugar, the Secretary shall make a payment to the
processor in an amount equal to the amount obtained by
multiplying--
``(i) 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 (3); by
``(ii) the quantity of sugar transferred to
the Secretary.
``(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) for the raw cane sugar or refined
beet sugar, as appropriate.''.
(f) Administration of Program.--Section 156 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) (as
amended by subsection (e)) is amended by inserting after subsection (f)
the following:
``(g) Avoiding Forfeitures; Corporation Inventory Disposition.--
``(1) In general.--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 Commodity Credit 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 Commodity Credit Corporation under any other
law.''.
(g) Information Reporting.--Section 156(h) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(h)) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Duty of producers to report.--
``(A) Proportionate share states.--As a condition
of a loan made to a processor for the benefit of a
producer, the Secretary shall require each producer of
sugarcane located in a State (other than the
Commonwealth of 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 of, 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
subject to the lower rate of duties.''; and
(3) in paragraph (5) (as redesignated by paragraph (1)), by
striking ``paragraph (1)'' and inserting ``this subsection''.
(h) Crops.--Section 156(i) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7251(i)) is amended--
(1) by striking ``(other than subsection (f))''; and
(2) by striking ``2002'' and inserting ``2006''.
(i) Interest Rate.--Section 163 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7283) is amended--
(1) by inserting ``(a) In General.--'' before
``Notwithstanding''; and
(2) by adding at the end the following:
``(b) Sugar.--For purposes of this section, raw cane sugar, refined
beet sugar, and in-process sugar eligible for a loan under section 156
shall not be considered an agricultural commodity.''.
SEC. 142. STORAGE FACILITY LOANS.
Chapter 2 of subtitle D of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7271 et seq.) is amended by adding at the
end the following:
``SEC. 157. STORAGE FACILITY LOANS.
``(a) In General.--Notwithstanding any other provision of law and
as soon as practicable after the date of enactment of this section, 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 construct 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)--
``(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 years; and
``(2) be in such amounts and on such terms and con
2000
ditions
(including terms and conditions relating to downpayments,
collateral, and eligible facilities) as are normal, customary,
and appropriate for the size and commercial nature of the
borrower.''.
SEC. 143. 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 under this subsection shall
not apply to sugar imported for the production of polyhydric
alcohol or to any sugar refined and reexported 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 156 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7251).''; and
(B) in paragraph (2), by striking ``or crystalline
fructose'';
(4) by striking subsection (c);
(5) by redesignating subsection (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 between--
``(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'';
2000
(ii) by inserting after ``sugarcane is
produced,'' the following: ``after a hearing
(if requested by the affected sugarcane
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 sugarcane 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
1998 through 2000 crop years.
``(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 sugarcane 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
``156 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7251),''; 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, whether 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 established under
this section 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 sugarcane 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 of production
during the 1996 through 2000 crop
years.
``(iii) Talisman processing facility.--In
the case of allotments under clause (ii)
attributable to the operations of the Talisman
processing facility before the date of
enactment of this clause, the Secretary shall
2000
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 Secretary 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 of crop
production during the 1997 through 2001
crop years.
``(v) New entrants.--
``(I) In general.--Notwithstanding
clauses (ii) and (iv), 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), if 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
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) by striking ``Whenever'' and inserting the
following:
``(1) In general.--If'';
(B) in the second sentence, by striking
``processor's allocation'' and inserting ``allocation
to the processor'';
(C) by striking ``Any dispute'' and inserting the
following:
``(2) Arbitration.--
``(A) In general.--Any dispute''; and
(D) by adding at the end the following:
``(B) Period.--The arbitration shall, to the
maximum extent practicable, be--
``(i) commenced not more than 45 days after
the request; and
``(ii) completed not more than 60 days
2000
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 elect to deliver their beets to another
processing company, the growers may petition the Secretary to
modify allocations under this part to allow the delivery.
``(2) Increased allocation for processing company.--The
Secretary may increase the allocation to the processing company
to which the growers elect 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 shall 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 delivered sugarcane to the
facility prior to closure elect to deliver their
sugarcane to another processing company, the growers
may petition the Secretary to modify allocations under
this part to allow the delivery.
``(B) Increased allocation for processing
company.--The Secretary may increase the allocation to
the processing company to which the growers elect 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 shall 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--
``(A) a State;
``(B) the District of Columbia; and
``(C) 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 by striking subsection (c).
CHAPTER 3--PEANUTS
SEC. 151. PEANUT PROGRAM.
(a) In General.--Subtitle D of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7251 et seq.) is amended by adding at
the end the following:
``CHAPTER 3--PEANUTS
``SEC. 158A. DEFINITIONS.
``In this chapter:
``(1) Counter-cyclical payment.--The term `counter-cyclical
payment' means a payment made to peanut producers on a farm
under section 158D.
``(2) Direct payment.--The term `direct payment' means a
payment made to peanut producers on a farm under section 158C.
``(3) Effective price.--The term `effective price' means
the price calculated by the Secretary under section 158D for
peanuts to determine whether counter-cyclical payments are
required to be made under section 158D for a crop year.
``(4) Historical peanut producers on a farm.--The term
`historical peanut producers on a farm' means the peanut
producers on a farm in the United States that produced or were
prevented from planting peanuts during any of the 1998 through
2001 crop years.
``(5) Income protection price.--The term `income protection
price' means the price per ton of peanuts used to determine the
payment rate for counter-cyclical payments.
``(6) Payment acres.--The term `payment acres' means 85
percent of the peanut acres on a farm, as established under
section 158B, on which direct payments and counter-cyclical
payments are made.
``(7) Peanut acres.--The term `peanut acres' means the
number of acres assigned to a particular farm for historical
peanut producers on a farm pursuant to section 158B(b).
``(8) Payment yield.--The term `payment yield' means the
yield assigned to a farm by historical peanut producers on the
farm pursuant to section 158B(b).
``(9) Peanut producer.--The term `peanut producer' means an
owner, operator, landlord, tenant, or sharecropper that--
``(A) shares in the risk of producing a crop of
peanuts in the United States; and
``(B) is entitled to share in the crop available
for marketing from the farm or would have shared in the
crop had the crop been produced.
``SEC. 158B. PAYMENT YIELDS, PEANUT ACRES, AND PAYMENT ACRES FOR FARMS.
``(a) Payment Yields and Payment Acres.--
``(1) Average yield.--
``(A) In general.--The Secretary shall determine,
for each historical peanut producer, the average yield
for peanuts on all farms of the historical peanut
2000
producer for the 1998 through 2001 crop years,
excluding any crop year during which the producers did
not produce peanuts.
``(B) Assigned yields.--If, for any of the crop
years referred to in subparagraph (A) in which peanuts
were planted on a farm by the historical peanut
producer, the historical peanut producer has satisfied
the eligibility criteria established to carry out
section 1102 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 1999 (7 U.S.C. 1421 note; Public
Law 105-277), the Secretary shall assign to the
historical peanut producer a yield for the farm for the
crop year equal to 65 percent of the average yield for
peanuts for the previous 5 crop years.
``(2) Acreage average.--Except as provided in paragraph
(3), the Secretary shall determine, for the historical peanut
producer, the 4-year average of--
``(A) acreage planted to peanuts on all farms for
harvest during the 1998 through 2001 crop years; and
``(B) any acreage that was prevented from being
planting to peanuts during the crop years because of
drought, flood, or other natural disaster, or other
condition beyond the control of the historical peanut
producer, as determined by the Secretary.
``(3) Selection by producer.--If a county in which a
historical peanut producer described in paragraph (2) is
located is declared a disaster area during 1 or more of the 4
crop years described in paragraph (2), for purposes of
determining the 4-year average acreage for the historical
peanut producer, the historical peanut producer may elect to
substitute, for not more than 1 of the crop years during which
a disaster is declared--
``(A) the State average of acreage actually planted
to peanuts; or
``(B) the average of acreage for the historical
peanut producer determined by the Secretary under
paragraph (2).
``(4) Time for determinations; factors.--
``(A) Timing.--The Secretary shall make the
determinations required by this subsection not later
than 90 days after the date of enactment of this
section.
``(B) Factors.--In making the determinations, the
Secretary shall take into account changes in the number
and identity of historical peanut producers sharing in
the risk of producing a peanut crop since the 1998 crop
year, including providing a method for the assignment
of average acres and average yield to a farm when a
historical peanut producer is no longer living or an
entity composed of historical peanut producers has been
dissolved.
``(b) Assignment of Yield and Acres to Farms.--
``(1) Assignment by historical peanut producers.--The
Secretary shall provide each historical peanut producer with an
opportunity to assign the average peanut yield and average
acreage determined under subsection (a) for the historical
peanut producer to cropland on a farm.
``(2) Payment yield.--The average of all of the yields
assigned by historical peanut producers to a farm shall be
considered to be the payment yield for the farm for the purpose
of making direct payments and counter-cyclical payments under
this chapter.
``(3) Peanut acres.--Subject to subsection (e), the total
number of acres assigned by historical peanut producers to a
farm shall be considered to be the peanut acres for the farm
for the purpose of making direct payments and counter-cyclical
payments under this chapter.
``(c) Election.--Not later than 180 days after the date of
enactment of this section, a historical peanut producer shall notify
the Secretary of the assignments described in subsection (b).
``(d) Payment Acres.--The payment acres for peanuts on a farm shall
be equal to 85 percent of the peanut acres assigned to the farm.
``(e) Prevention of Excess Peanut Acres.--
``(1) Required reduction.--If the total of the peanut acres
for a farm, together with the acreage described in paragraph
(3), exceeds the actual cropland acreage of the farm, the
Secretary shall reduce the quantity of peanut acres for the
farm or contract acreage for 1 or more covered commodities for
the farm as necessary so that the total of the peanut acres and
acreage described in paragraph (3) does not exceed the actual
cropland acreage of the farm.
``(2) Selection of acres.--The Secretary shall give the
peanut producers on the farm the opportunity to select the
peanut acres or contract acreage against which the reduction
will be made.
``(3) Other acreage.--For purposes of paragraph (1), the
Secretary shall include--
``(A) any contract acreage for the farm under
subtitle B;
``(B) any acreage on the farm enrolled in the
conservation reserve program or wetlands reserve
program under chapter 1 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3830 et seq.);
and
``(C) any other acreage on the farm enrolled in a
conservation program for which payments are made in
exchange for not producing an agricultural commodity on
the acreage.
``(3) Double-cropped acreage.--In applying paragraph (1),
the Secretary shall take into account additional acreage as a
result of an established double-cropping history on a farm, as
determined by the Secretary.
``SEC. 158C. DIRECT PAYMENTS FOR PEANUTS.
``(a) In General.--For each of the 2002 through 2006 fiscal years,
the Secretary shall make direct payments to peanut producers on a farm
with peanut acres under section 158B and a payment yield for peanuts
under section 158B.
``(b) Payment Rate.--The payment rate used to make direct payments
with respect to peanuts for a fiscal year shall be equal to $0.018 per
pound.
``(c) Payment Amount.--The amount of the direct payment to be paid
to the peanut producers on a farm for peanuts for a fiscal year shall
be equal to the product obtained by multiplying--
``(1) the payment rate specified in subsection (b);
``(2) the payment acres on the farm; by
``(3) the payment yield for the farm.
``(d) Time for Payment.--
``(1) In general.--The Secretary shall make direct
payments--
``(A) in the case of the 2002 fiscal year, during
the period beginning December 1, 2001, and ending
September 30, 2002; and
``(B) in the case of each of the 2003 through 2006
fiscal years, not later than September 30 of the fiscal
year.
``(2) Advance payments.--
``(A) In general.--At the option of the peanut
producers on a farm, the Secretary shall pay 50 percent
of the direct payment for a fiscal year for the
producers on the farm on a date selected by the peanut
producers on the farm.
``(B) Selected date.--The selected date for a
fiscal year shall be on or after December 1 of the
f
2000
iscal year.
``(C) Subsequent fiscal years.--The peanut
producers on a farm may change the selected date for a
subsequent fiscal year by providing advance notice to
the Secretary.
``(3) Repayment of advance payments.--If any peanut
producer on a farm that receives an advance direct payment for
a fiscal year ceases to be eligible for a direct payment before
the date the direct payment would have been made by the
Secretary under paragraph (1), the peanut producer shall be
responsible for repaying the Secretary the full amount of the
advance payment.
``SEC. 158D. COUNTER-CYCLICAL PAYMENTS FOR PEANUTS.
``(a) In General.--For each of the 2002 through 2006 crops of
peanuts, the Secretary shall make counter-cyclical payments with
respect to peanuts if the Secretary determines that the effective price
for peanuts is less than the income protection price for peanuts.
``(b) Effective Price.--For purposes of subsection (a), the
effective price for peanuts is equal to the total of--
``(1) the greater of--
``(A) the national average market price received by
peanut producers during the 12-month marketing year for
peanuts, as determined by the Secretary; or
``(B) the national average loan rate for a
marketing assistance loan for peanuts under section
158G in effect for the 12-month marketing year for
peanuts under this chapter; and
``(2) the payment rate in effect for peanuts under section
158C for the purpose of making direct payments with respect to
peanuts.
``(c) Income Protection Price.--For purposes of subsection (a), the
income protection price for peanuts shall be equal to $520 per ton.
``(d) Payment Amount.--The amount of the counter-cyclical payment
to be paid to the peanut producers on a farm for a crop year shall be
equal to the product obtained by multiplying--
``(1) the payment rate specified in subsection (e);
``(2) the payment acres on the farm; by
``(3) the payment yield for the farm.
``(e) Payment Rate.--The payment rate used to make counter-cyclical
payments with respect to peanuts for a crop year shall be equal to the
difference between--
``(1) the income protection price for peanuts; and
``(2) the effective price determined under subsection (b)
for peanuts.
``(f) Time for Payments.--
``(1) In general.--The Secretary shall make counter-
cyclical payments to peanut producers on a farm under this
section for a crop of peanuts as soon as practicable after
determining under subsection (a) that the payments are required
for the crop year.
``(2) Partial payment.--
``(A) In general.--At the option of the Secretary,
the peanut producers on a farm may elect to receive up
to 40 percent of the projected counter-cyclical payment
to be made under this section for a crop of peanuts on
completion of the first 6 months of the marketing year
for the crop, as determined by the Secretary.
``(B) Repayment.--The peanut producers on a farm
shall repay to the Secretary the amount, if any, by
which the payment received by producers on the farm
(including any partial payments) exceeds the counter-
cyclical payment the producers on the farm are eligible
for under this section.
``SEC. 158E. PRODUCER AGREEMENTS.
``(a) Compliance With Certain Requirements.--
``(1) Requirements.--Before the peanut producers on a farm
may receive direct payments or counter-cyclical payments with
respect to the farm, the peanut producers on the farm shall
agree during the fiscal year or crop year, respectively, for
which the payments are received, in exchange for the payments--
``(A) to comply with applicable highly erodible
land conservation requirements under subtitle B of
title XII of the Food Security Act of 1985 (16 U.S.C.
3811 et seq.);
``(B) to comply with applicable wetland
conservation requirements under subtitle C of title XII
of that Act (16 U.S.C. 3821 et seq.);
``(C) to comply with the planting flexibility
requirements of section 158F; and
``(D) to use a quantity of the land on the farm
equal to the peanut acres, for an agricultural or
conserving use, and not for a nonagricultural
commercial or industrial use, as determined by the
Secretary.
``(2) Compliance.--The Secretary may promulgate such
regulations as the Secretary considers necessary to ensure
peanut producer compliance with paragraph (1).
``(b) Foreclosure.--
``(1) In general.--The Secretary shall not require the
peanut producers on a farm to repay a direct payment or
counter-cyclical payment if a foreclosure has occurred with
respect to the farm and the Secretary determines that forgiving
the repayment is appropriate to provide fair and equitable
treatment.
``(2) Compliance with requirements.--
``(A) In general.--This subsection shall not void
the responsibilities of the peanut producers on a farm
under subsection (a) if the peanut producers on the
farm continue or resume operation, or control, of the
farm.
``(B) Applicable requirements.--On the resumption
of operation or control over the farm by the peanut
producers on the farm, the requirements of subsection
(a) in effect on the date of the foreclosure shall
apply.
``(c) Transfer or Change of Interest in Farm.--
``(1) Termination.--Except as provided in paragraph (5), a
transfer of (or change in) the interest of the peanut producers
on a farm in peanut acres for which direct payments or counter-
cyclical payments are made shall result in the termination of
the payments with respect to the peanut acres, unless the
transferee or owner of the acreage agrees to assume all
obligations under subsection (a).
``(2) Effective date.--The termination takes effect on the
date of the transfer or change.
``(3) Transfer of payment base and yield.--The Secretary
shall not impose any restriction on the transfer of the peanut
acres or payment yield of a farm as part of a transfer or
change described in paragraph (1).
``(4) Modification.--At the request of the transferee or
owner, the Secretary may modify the requirements of subsection
(a) if the modifications are consistent with the purposes of
subsection (a), as determined by the Secretary.
``(5) Exception.--If a peanut producer entitled to a direct
payment or counter-cyclical payment dies, becomes incompetent,
or is otherwise unable to receive the payment, the Secretary
shall make the payment, in accordance with regulations
promulgated by the Secretary.
``(d) Acreage Reports.--As a condition on the receipt of any
benefits under this chapter, the Secretary shall require the peanut
producers on a farm to submit to the Secretary acreage reports for the
farm.
``(e) Tenants and Sharecroppers.--In carrying out this chapter, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
``(f) Sharing of Payments.--The Secretary
2000
shall provide for the
sharing of direct payments and counter-cyclical payments among the
peanut producers on a farm on a fair and equitable basis.
``SEC. 158F. PLANTING FLEXIBILITY.
``(a) Permitted Crops.--Subject to subsection (b), any commodity or
crop may be planted on peanut acres on a farm.
``(b) Limitations and Exceptions Regarding Certain Commodities.--
``(1) Limitations.--The planting of the following
agricultural commodities shall be prohibited on peanut acres:
``(A) Fruits.
``(B) Vegetables (other than lentils, mung beans,
and dry peas).
``(C) In the case of the 2003 and subsequent crops
of an agricultural commodity, wild rice.
``(2) Exceptions.--Paragraph (1) shall not limit the
planting of an agricultural commodity specified in paragraph
(1)--
``(A) in any region in which there is a history of
double-cropping of peanuts with agricultural
commodities specified in paragraph (1), as determined
by the Secretary, in which case the double-cropping
shall be permitted;
``(B) on a farm that the Secretary determines has a
history of planting agricultural commodities specified
in paragraph (1) on peanut acres, except that direct
payments and counter-cyclical payments shall be reduced
by an acre for each acre planted to the agricultural
commodity; or
``(C) by the peanut producers on a farm that the
Secretary determines has an established planting
history of a specific agricultural commodity specified
in paragraph (1), except that--
``(i) the quantity planted may not exceed
the average annual planting history of the
agricultural commodity by the peanut producers
on the farm during the 1996 through 2001 crop
years (excluding any crop year in which no
plantings were made), as determined by the
Secretary; and
``(ii) direct payments and counter-cyclical
payments shall be reduced by an acre for each
acre planted to the agricultural commodity.
``SEC. 158G. MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS
FOR PEANUTS.
``(a) Nonrecourse Loans Available.--
``(1) Availability.--For each of the 2002 through 2006
crops of peanuts, the Secretary shall make available to peanut
producers on a farm nonrecourse marketing assistance loans for
peanuts produced on the farm.
``(2) Terms and conditions.--The loans shall be made under
terms and conditions that are prescribed by the Secretary and
at the loan rate established under subsection (b).
``(3) Eligible production.--The producers on a farm shall
be eligible for a marketing assistance loan under this section
for any quantity of peanuts produced on the farm.
``(4) Treatment of certain commingled commodities.--In
carrying out this section, the Secretary shall make loans to
peanut producers on a farm that would be eligible to obtain a
marketing assistance loan but for the fact the peanuts owned by
the peanut producers on the farm are commingled with other
peanuts of other producers in facilities unlicensed for the
storage of agricultural commodities by the Secretary or a State
licensing authority, if the peanut producers on a farm
obtaining the loan agree to immediately redeem the loan
collateral in accordance with section 158E.
``(5) Options for obtaining loan.--A marketing assistance
loan under this subsection, and loan deficiency payments under
subsection (e), may be obtained at the option of the peanut
producers on a farm through--
``(A) a designated marketing association of peanut
producers that is approved by the Secretary;
``(B) the Farm Service Agency; or
``(C) a loan servicing agent approved by the
Secretary.
``(b) Loan Rate.--The loan rate for a marketing assistance loan for
peanuts under subsection (a) shall be equal to $400 per ton.
``(c) Term of Loan.--
``(1) In general.--A marketing assistance loan for peanuts
under subsection (a) shall have a term of 9 months beginning on
the first day of the first month after the month in which the
loan is made.
``(2) Extensions prohibited.--The Secretary may not extend
the term of a marketing assistance loan for peanuts under
subsection (a).
``(d) Repayment Rate.--The Secretary shall permit peanut producers
on a farm to repay a marketing assistance loan for peanuts under
subsection (a) at a rate that is the lesser of--
``(1) the loan rate established for peanuts under
subsection (b), plus interest (as determined by the Secretary);
or
``(2) a rate that the Secretary determines will--
``(A) minimize potential loan forfeitures;
``(B) minimize the accumulation of stocks of
peanuts by the Federal Government;
``(C) minimize the cost incurred by the Federal
Government in storing peanuts; and
``(D) allow peanuts produced in the United States
to be marketed freely and competitively, both
domestically and internationally.
``(e) Loan Deficiency Payments.--
``(1) Availability.--The Secretary may make loan deficiency
payments available to the peanut producers on a farm that,
although eligible to obtain a marketing assistance loan for
peanuts under subsection (a), agree to forgo obtaining the loan
for the peanuts in return for payments under this subsection.
``(2) Amount.--A loan deficiency payment under this
subsection shall be obtained by multiplying--
``(A) the loan payment rate determined under
paragraph (3) for peanuts; by
``(B) the quantity of the peanuts produced by the
peanut producers on the farm, excluding any quantity
for which the producers on the farm obtain a loan under
subsection (a).
``(3) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
``(A) the loan rate established under subsection
(b); exceeds
``(B) the rate at which a loan may be repaid under
subsection (d).
``(4) Time for payment.--The Secretary shall make a payment
under this subsection to the peanut producers on a farm with
respect to a quantity of peanuts as of the earlier of--
``(A) the date on which the peanut producers on the
farm marketed or otherwise lost beneficial interest in
the peanuts, as determined by the Secretary; or
``(B) the date the peanut producers on the farm
request the payment.
``(f) Compliance With Conservation Requirements.--As a condition of
the receipt of a marketing assistance loan under subsection (a), the
peanut producers on a farm shall comply during the term of the loan
with--
``(1) applicable highly erodible land conservation
requirements under subtitle B of title XII of the Food Security
Act of 1985 (16 U.S.C. 3811 et seq.); and
``(2) applicable wetland conservation requirements under
2000
subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.).
``(g) Reimbursable Agreements and Payment of Expenses.--To the
maximum extent practicable, the Secretary shall implement any
reimbursable agreements or provide for the payment of expenses under
this chapter in a manner that is consistent with the implementation of
the agreements or payment of the expenses for other commodities.
``SEC. 158H. QUALITY IMPROVEMENT.
``(a) Official Inspection.--
``(1) Mandatory inspection.--All peanuts placed under a
marketing assistance loan under section 158G shall be
officially inspected and graded by a Federal or State
inspector.
``(2) Optional inspection.--Peanuts not placed under a
marketing assistance loan may be graded at the option of the
peanut producers on a farm.
``(b) Termination of Peanut Administrative Committee.--The Peanut
Administrative Committee established under Marketing Agreement No.
1436, which regulates the quality of domestically produced peanuts
under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted
with amendments by the Agricultural Marketing Agreement Act of 1937, is
terminated.
``(c) Establishment of Peanut Standards Board.--
``(1) In general.--The Secretary shall establish a Peanut
Standards Board for the purpose of assisting in the
establishment of quality standards with respect to peanuts.
``(2) Composition.--The Secretary shall appoint members to
the Board that, to the maximum extent practicable, reflect all
regions and segments of the peanut industry.
``(3) Duties.--The Board shall assist the Secretary in
establishing quality standards for peanuts.
``(d) Crops.--This section shall apply beginning with the 2002 crop
of peanuts.''.
(b) Conforming Amendments.--
(1) The chapter heading of chapter 2 of subtitle D of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. prec. 7271) is amended by striking ``PEANUTS AND''.
(2) Section 155 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7271) is repealed.
SEC. 152. TERMINATION OF MARKETING QUOTAS FOR PEANUTS AND COMPENSATION
TO PEANUT QUOTA HOLDERS.
(a) Repeal of Marketing Quotas for Peanuts.--Effective beginning
with the 2002 crop of peanuts, part VI of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) is
repealed.
(b) Compensation of Quota Holders.--
(1) Definitions.--In this subsection:
(A) Peanut quota holder.--
(i) In general.--The term ``peanut quota
holder'' means a person or entity that owns a
farm that--
(I) held a peanut quota established
for the farm for the 2001 crop of
peanuts under part VI of subtitle B of
title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1357
et seq.) (as in effect before the
amendment made by subsection (a));
(II) if there was not such a quota
established for the farm for the 2001
crop of peanuts, would be eligible to
have such a quota established for the
farm for the 2002 crop of peanuts, in
the absence of the amendment made by
subsection (a); or
(III) is otherwise a farm that was
eligible for such a quota as of the
effective date of the amendments made
by this section.
(ii) Seed or experimental purposes.--The
Secretary shall apply the definition of
``peanut quota holder'' without regard to
temporary leases, transfers, or quotas for seed
or experimental purposes.
(B) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(2) Contracts.--The Secretary shall offer to enter into a
contract with peanut quota holders for the purpose of providing
compensation for the lost value of quota as a result of the
repeal of the marketing quota program for peanuts under the
amendment made by subsection (a).
(3) Payment period.--Under a contract, the Secretary shall
make payments to an eligible peanut quota holder for each of
fiscal years 2002 through 2006.
(4) Time for payment.--The payments required under the
contracts shall be provided in 5 equal installments not later
than September 30 of each of fiscal years 2002 through 2006.
(5) Payment amount.--The amount of the payment for a fiscal
year to a peanut quota holder under a contract shall be equal
to the product obtained by multiplying--
(A) $0.10 per pound; by
(B) the actual farm poundage quota (excluding any
quantity for seed and experimental peanuts) established
for the farm of a peanut quota holder under section
358-1(b) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1358-1(b)) (as in effect prior to the amendment
made by subsection (a)) for the 2001 marketing year.
(6) Assignment of payments.--
(A) In general.--The provisions of section 8(g) of
the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h(g)), relating to assignment of payments,
shall apply to the payments made to peanut quota
holders under the contracts.
(B) Notice.--The peanut quota holder making the
assignment, or the assignee, shall provide the
Secretary with notice, in such manner as the Secretary
may require, of any assignment made under this
subsection.
(c) Conforming Amendments.--
(1) Administrative provisions.--Section 361 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1361) is amended
by striking ``peanuts,''.
(2) Adjustment of quotas.--Section 371 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1371) is amended--
(A) in the first sentence of subsection (a), by
striking ``peanuts,''; and
(B) in the first sentence of subsection (b), by
striking ``peanuts''.
(3) Reports and records.--Section 373 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1373) is amended--
(A) in the first sentence of subsection (a)--
(i) by striking ``peanuts,'' each place it
appears;
(ii) by inserting ``and'' after ``from
producers,''; and
(iii) by striking ``for producers, all''
and all that follows through the period at the
end of the sentence and inserting ``for
producers.''; and
(B) in subsection (b), by striking ``peanuts,''.
(4) Eminent domain.--Section 378(c) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1378(c)) is amended in the
first sentence--
(A) by striking ``cotton,'' and inserting ``cotton
and''; and
(B) by striking ``and peanuts,''.
2000
(d) Crops.--This section and the amendments made by this section
apply beginning with the 2002 crop of peanuts.
Subtitle D--Administration
SEC. 161. ADJUSTMENT AUTHORITY RELATED TO URUGUAY ROUND COMPLIANCE.
Section 161 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7281) is amended by adding at the end the following:
``(e) Adjustment Authority Related to Uruguay Round Compliance.--If
the Secretary determines that expenditures under subtitles A through D
that are subject to the total allowable domestic support levels under
the Uruguay Round Agreements (as defined in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501)), as in effect on the date of
enactment of this subsection, will exceed the allowable levels for any
applicable reporting period, the Secretary may make adjustments in the
amount of the expenditures to ensure that the expenditures do not
exceed, but are not less than, the allowable levels.''.
SEC. 162. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
Section 171 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7301) is amended--
(1) by striking ``2002'' each place it appears and
inserting ``2006''; and
(2) in subsection (a)(1)--
(A) by striking subparagraph (E); and
(B) by redesignating subparagraphs (F) through (I)
as subparagraphs (E) through (H), respectively.
SEC. 163. COMMODITY PURCHASES.
Section 191 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7331 et seq.) is amended to read as follows:
``SEC. 191. COMMODITY PURCHASES.
``(a) In General.--To purchase agricultural commodities under this
section, the Secretary shall use funds of the Commodity Credit
Corporation in an amount equal to--
``(1) for each of fiscal years 2002 and 2003, $130,000,000,
of which not less than $100,000,000 shall be used for the
purchase of specialty crops;
``(2) for fiscal year 2004, $150,000,000, of which not less
than $120,000,000 shall be used for the purchase of specialty
crops;
``(3) for fiscal year 2005, $170,000,000, of which not less
than $140,000,000 shall be used for the purchase of specialty
crops;
``(4) for fiscal year 2006, $200,000,000, of which not less
than $170,000,000 shall be used for the purchase of specialty
crops; and
``(5) for fiscal year 2007, $0.
``(b) Other Purchases.--The Secretary shall ensure that purchases
of agricultural commodities under this section are in addition to
purchases by the Secretary under any other law.
``(c) Purchases by Department of Defense for School Lunch
Program.--The Secretary shall provide not less than $50,000,000 for
each fiscal year of the funds made available under subsection (a) to
the Secretary of Defense to purchase fresh fruits and vegetables for
distribution to schools and service institutions in accordance with
section 6(a) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1755(a)) in a manner prescribed by the Secretary of Agriculture.
``(d) Purchases for Emergency Food Assistance Program.--The
Secretary shall use not less than $40,000,000 for each fiscal year of
the funds made available under subsection (a) to purchase agricultural
commodities for distribution under the Emergency Food Assistance Act of
1983 (7 U.S.C. 7501 et seq.).''.
SEC. 164. HARD WHITE WHEAT INCENTIVE PAYMENTS.
Section 193 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 1508) is amended to read as follows:
``SEC. 193. HARD WHITE WHEAT INCENTIVE PAYMENTS.
``(a) In General.--For the period of crop years 2003 through 2005,
the Secretary shall use $40,000,000 of funds of the Commodity Credit
Corporation to provide incentive payments to producers of hard white
wheat to ensure that hard white wheat, produced on a total of not more
than 2,000,000 acres, meets minimum quality standards established by
the Secretary.
``(b) Application.--The amounts payable to producers in the form of
payments under this section shall be determined through the submission
of bids by producers in such manner as the Secretary may prescribe.
``(c) Demand for Wheat.--To be eligible to obtain a payment under
this section, a producer shall demonstrate to the Secretary the
availability of buyers and end-users for the wheat that is the covered
by the payment.''.
SEC. 165. PAYMENT LIMITATIONS.
Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is
amended by striking paragraphs (1) through (4) and inserting the
following:
``(1) Limitation on direct and counter-cyclical payments.--
The total amount of direct payments and counter-cyclical
payments to a person during any fiscal year may not exceed
$100,000, with a separate limitation for--
``(A) all contract commodities; and
``(B) peanuts.
``(2) Limitation on marketing loan gains and loan
deficiency payments.--The total amount of the payments
specified in paragraph (3) that a person shall be entitled to
receive under title I of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7201 et seq.) for 1 or more
loan commodities during any crop year may not exceed $150,000,
with a separate limitation for--
``(A) all contract commodities;
``(B) wool and mohair;
``(C) honey; and
``(D) peanuts.
``(3) Description of payments subject to limitation.--The
payments referred to in paragraph (2) are the following:
``(A) Any gain realized by a producer from repaying
a marketing assistance loan under section 131 or
158G(a) of the Federal Agriculture Improvement and
Reform Act of 1996 for a crop of any loan commodity or
peanuts, respectively, at a lower level than the
original loan rate established for the loan commodity
or peanuts under section 132 or 158G(d) of that Act,
respectively.
``(B) Any loan deficiency payment received for a
loan commodity or peanuts under section 135 or 158G(e)
of that Act, respectively.
``(4) Definitions.--In paragraphs (1) through (3):
``(A) Contract commodity.--The term `contract
commodity' has the meaning given the term in section
102 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7202).
``(B) Counter-cyclical payment.--The term `counter-
cyclical payment'' means a payment made under section
114 or 158D of that Act.
``(C) Direct payment.--The term `direct payment'
means a payment made under section 113 or 158C of that
Act.
``(D) Loan commodity.--The term `loan commodity'
has the meaning given the term in section 102 of that
Act.''.
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 producer under a conservation security
contract that is equal to the total of the amounts described in
clauses (i) and (ii) of subparagraphs (C), (D), or (E) of
section 1238C(b)(1), as appropriate.
2000
``(2) Beginning farmer or rancher.--The term `beginning
farmer or rancher' has the meaning provided under section
343(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1999(a)).
``(3) Bonus amount.--The term `bonus amount' means the
amount paid to a producer under a conservation security
contract that is equal to the total of the amounts described in
clauses (iii) and (iv) of subparagraph (C), and of clause (iii)
of subparagraph (D) or (E), of section 1238C(b)(1), as
appropriate.
``(4) 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).
``(5) Conservation security contract.--The term
`conservation security contract' means a contract described in
section 1238A(e).
``(6) Conservation security plan.--The term `conservation
security plan' means a plan described in section 1238A(c).
``(7) Conservation security program.--The term
`conservation security program' means the program established
under section 1238A(a).
``(8) Continuous signup.--The term `continuous signup',
with respect to land, means land enrolled in a program
described in section 1231(b)(6)(A) on which conservation
practices are carried out.
``(9) 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).
``(10) 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; or
``(C) to reduce energy consumption.
``(11) Producer.--The term `producer' has the meaning given
the term in section 102 of the Agricultural Market Transition
Act (7 U.S.C. 7202).
``(12) Resource of concern.--The term `resource of concern'
means a conservation priority of a State and locality under
section 1238A(c)(3).
``(13) 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.
``(14) 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.
``(15) 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 technical guide of
the Natural Resources Conservation Service.
``(16) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Natural Resources
Conservation Service.
``(17) Tier i conservation practice.--The term `Tier I
conservation practice' means a conservation practice described
in section 1238A(d)(4)(A)(ii).
``(18) Tier i conservation security contract.--The term
`Tier I conservation security contract' means a contract
described in section 1238A(d)(4)(A).
``(19) Tier ii conservation practice.--The term `Tier II
conservation practice' means a conservation practice described
in section 1238A(d)(4)(B)(ii).
``(20) Tier ii conservation security contract.--The term
`Tier II conservation security contract' means a contract
described in section 1238A(d)(4)(B).
``(21) Tier iii conservation practice.--The term `Tier III
conservation practice' means a conservation practice described
in section 1238A(d)(4)(C)(ii).
``(22) Tier iii conservation security contract.--The term
`Tier III conservation security contract' means a contract
described in section 1238A(d)(4)(C).
``SEC. 1238A. CONSERVATION SECURITY PROGRAM.
``(a) In General.--For each of fiscal years 2003 through 2006, 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) 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(g) for the
development of conservation security contracts), a producer
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) and land under the jurisdiction of
an Indian tribe shall be eligible for enrollment in the
2000
conservation security program.
``(B) Forested land.--Private forested land shall
be eligible for enrollment in the conservation security
program if the forested land is part of the
agricultural land 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 integrated agroforestry
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)(6).
``(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 used for crop production after the date of
enactment of this subchapter that had not been
in crop production for at least 3 of the 10
years preceding that date (except for land
enrolled in the conservation reserve program
under subchapter B of chapter 1) shall not be
eligible for enrollment in the conservation
security program.
``(3) Sustainable economic uses.--The Secretary shall
permit a producer to implement, with respect to eligible land
covered by a conservation security plan, sustainable economic
uses (including Tier II conservation practices) that--
``(A) maintain the agricultural nature of the land;
and
``(B) are consistent with the natural resource and
environmental benefits of the conservation security
plan.
``(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 security
contracts, 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, at
least, the minimum number and scope of
conservation practices described in clause (i)
that are required to be carried out on the land
before the producer is eligible to receive--
``(I) a base payment; and
``(II) a bonus amount;
``(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 highly erodible land and wetland
conservation requirements of subtitles B and C; and
``(E) identify, and authorize the implementation
of, sustainable economic uses described in subsection
(b)(3).
``(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.--
``(A) In general.--To the maximum extent
practicable and in a manner consistent with the
conservation security program, each conservation
security plan shall address, at least, the conservation
priorities of the State and locality in which the
agricultural operation is located.
``(B) Administration.--The conservation priorities
of the State and locality in which the agricultural
operation is located shall be--
``(i) determined by the State
conservationist, in consultation with the State
technical committee established under subtitle
G and the local subcommittee of the State
technical committee; and
``(ii) approved by the Secretary.
``(4) Submission of plan.--
``(A) In general.--During the development of a
conservation security plan by a producer, at the
request of the producer, the Secretary shall supply to
the producer 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 Secretary
contains, at least, the conservation practices referred
to in paragraph (1)(B)(ii)--
``(i) the Secretary shall approve the
conservation security plan; and
``(ii) the producer 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 qualifies for a bonus amount under section
1238C(b)(1)(C)(iii), the Secretary may increase the
base payment of the producer by such bonus amount as
the Secretary determines is appropriate.
``(d) Con
2000
servation Contracts and Practices.--
``(1) In general.--
``(A) Establishment of tiers.--The Secretary shall
establish 3 tiers of conservation contracts under which
a payment under this subchapter may be received.
``(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
purposes of the conservation security
plan; and
``(II) primarily provide for, and
have as a primary purpose, resource
protection and environmental
improvement.
``(ii) Determination.--
``(I) In general.--Subject to
subclause (II), in determining the
eligibility of a practice described in
clause (i), the Secretary shall
require, to the maximum extent
practicable, the lowest cost
alternatives be used to fulfill the
purposes of the conservation security
plan, as determined by the Secretary.
``(II) Innovative technologies.--
Subclause (I) shall not apply, to the
maximum extent practicable, to the
adoption of innovative technologies.
``(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 a 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) agroecological restoration and wildlife
habitat restoration;
``(G) agroforestry;
``(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 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, and the field office technical
guides, of the Natural Resources Conservation
Service 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 (4), the Secretary may approve
requests by a producer for pilot testing of new
technologies and innovative conservation
practices and systems.
``(ii) Incorporation into standards.--
``(I) In general.--After evaluation
by the Secretary and provision of
notice and an opportunity for public
participation, the Secretary may, as
expeditiously as practicable, approve
new technologies and innovative
conservation practices and systems.
``(II) Incorporation.--If the
Secretary approves a new technology or
innovative conservation practice under
subclause (I), the Secretary shall, as
expeditiously as practicable,
incorporate the technology or practice
into the standards for implementation
of conservation practices established
under paragraph (3).
``(4) Tiers.--Subject to paragraph (5), to carry out this
subsection, the Secretary shall establish the following 3 tiers
of conservation contracts:
``(A) Tier i conservation contracts.--
``(i) In general.--A conservation security
plan for land enrolled in the conservation
security program under a Tier I conservation
security contract shall be maintained using
Tier I conservation practices and shall, at a
minimum--
``(I) if applicable, address at
least 1 resource of concern to the
particular agricultural operation;
``(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
2000
which the conservation security
contract is entered into; and
``(bb) conservation
practices that are implemented
after the date on which the
conservation security contract
is entered into; and
``(IV) meet applicable standards
for implementation of conservation
practices established under paragraph
(3).
``(ii) Conservation practices.--Tier I
conservation practices shall consist of, as
appropriate for the agricultural operation of a
producer, 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) Nutrient management.
``(XV) Integrated pest management.
``(XVI) Irrigation, water
conservation, and water quality
management.
``(XVII) Grazing pasture and
rangeland management.
``(XVIII) Any other conservation
practice that the Secretary determines
to be appropriate and comparable to
other conservation practices described
in this clause.
``(iii) Tier ii conservation contracts.--A
conservation security plan for land enrolled in
the conservation security program that will be
maintained using Tier I conservation contracts
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 under a Tier II conservation
security contract shall be maintained using
Tier II conservation practices and 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 implemented
after the date on which the
conservation security contract
is entered into; and
``(III) meet applicable resource
management system criteria for 1 or
more resources of concern of the
agricultural operation, as specified in
the conservation security contract.
``(ii) Conservation practices.--Tier II
conservation practices shall consist of, as
appropriate for the agricultural operation of a
producer, any of the Tier I conservation
practices and 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, grass terraces, 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 that the Secretary
determines to be appropriate and
comparable to other conservation
practices described in this clause.
``(C) Tier iii conservation contracts.--
``(i) In general.--A conservation security
plan for land enrolled in the conservation
security program under a Tier III conservation
security contract shall be m
2000
aintained using
Tier III conservation contracts and shall, at a
minimum--
``(I) address all applicable
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 implemented
after the date on which the
conservation security contract
is entered into; and
``(III) meet applicable resource
management system criteria for 1 or
more resources of concern of the
agricultural operation, as specified in
the conservation security contract.
``(ii) Conservation practices.--Tier III
conservation practices shall consist of, as
appropriate for the agricultural operation of a
producer (in addition to appropriate Tier I
conservation practices and Tier II conservation
practices), development, implementation, and
maintenance of a conservation security plan
that, over the term of the conservation
security contract--
``(I) integrates all necessary
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
sustainability associated with the
agricultural operation.
``(5) Minimum requirements.--The minimum requirements for
each tier of conservation practices described in paragraph (4)
shall be--
``(i) determined by the State
conservationist, in consultation with the State
technical committee established under subtitle
G and the local subcommittee of the State
technical committee; and
``(ii) approved by the Secretary.
``(e) Conservation Security Contracts.--
``(1) Contracts.--
``(A) In general.--On approval of a conservation
security plan of a producer, the Secretary shall enter
into a conservation security contract with the producer
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 the practices that
are required under subsection (c)(1)(B).
``(2) Term.--Subject to paragraphs (3) and (4)--
``(A) a conservation security contract for land
enrolled in the conservation security program of a
producer that will be maintained using 1 or more Tier I
conservation contracts 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 contract or
Tier III conservation contract shall have a 5-year to
10-year term, as determined by the producer.
``(3) Modifications.--
``(A) Optional modifications.--
``(i) In general.--An owner or operator may
apply to the Secretary to modify the
conservation security plan to effectuate 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 subsections (a) and (b) of
section 1238C.
``(B) Other modifications.--
``(i) In general.--The Secretary may, in
writing, require a producer 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 producer
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 of the Natural
Resource Conservation Service 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 made 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.--a producer 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 producer fully
complied with the te
2000
rms and conditions
of the conservation security contract
before termination of the contract.
``(4) Renewal.--
``(A) In general.--At the option of a producer, the
conservation security contract of the producer may be
renewed, for a term described in subparagraph (B), if--
``(i) the producer agrees to any
modification of the applicable conservation
security contract that the Secretary determines
to be necessary to achieve the purposes of the
conservation security program;
``(ii) the Secretary determines that the
producer has complied with the terms and
conditions of the conservation security
contract, including the conservation security
plan; and
``(iii) in the case of a Tier I
conservation security contract, the producer
agrees to increase the conservation practices
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 Tier I
conservation contracts may be renewed for 5-
year terms;
``(ii) in the case of a Tier II
conservation security contract or a Tier III
conservation security contract, the contract
shall be renewed for 5-year to 10-year terms,
at the option of the producer; and
``(iii) participation in the conservation
security program prior to the renewal of the
conservation security contract shall not bar
renewal more than once.
``(f) Noncompliance Due to Circumstances Beyond the Control of
Producers.--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 a producer 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 producer, including a disaster or related
condition, as determined by the Secretary.
``SEC. 1238B. DUTIES OF PRODUCERS.
``Under a conservation security contract, a producer shall agree,
during the term of the conservation security contract--
``(1) to implement the applicable conservation security
plan approved by the Secretary;
``(2) to maintain, 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
producer 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 producer, as the Secretary determines
to be appropriate.
``SEC. 1238C. DUTIES OF THE SECRETARY.
``(a) Advance Payment.--At the time at which a producer enters into
a conservation security contract, the Secretary shall, at the option of
the producer, make an advance payment to the producer in an amount not
to exceed--
``(1) in the case of a Tier I conservation security
contract, 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 Tier II conservation security
contract, 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; and
``(3) in the case of a Tier III conservation security
contract, 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,
that ensures regional equity, 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 contracts.--The payment
for a Tier I conservation security contract shall be
comprised of the total of the following amounts:
``(i) An amount equal to 6 percent of the
base rate for land covered by the contract.
``(ii) An amount equal to the following
costs of practices covered by the conservation
security contract, based on the average county
costs for such practices for the 2001 crop
year, as determined by the Secretary:
``(I) 100 percent of the cost of--
``(aa) the adoption of new
management practices; and
``(bb) the 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.
``(III)(aa) 75 percen
2000
t (or, in the
case of a limited resource producer (as
determined by the Secretary) or a
beginning farmer or rancher, 90
percent) of the cost of adoption of new
land-based structural practices; or
``(bb) 75 percent (or, in the case
of a limited resource producer (as
determined by the Secretary) or a
beginning farmer or rancher, 90
percent) of the cost of the adoption of
a structural practice for which a
similar structural practice under the
environmental quality incentives
program established under chapter 4
would require maintenance, if the
producer agrees to provide, without
reimbursement, substantially equivalent
maintenance.
``(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 purposes
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 beyond those
identified as State or local
conservation priorities.
``(III) A practice adopted or
maintained to address national priority
concerns, as determined by the
Secretary.
``(IV) Participation by the
producer in a conservation research,
demonstration, or pilot project.
``(V) Participation by the producer
in a watershed or regional resource
conservation plan that involves at
least 75 percent of producers in a
targeted area.
``(VI) Recordkeeping, monitoring,
and evaluation carried out by the
producer that furthers the purposes of
the conservation security program.
``(iv) A bonus amount determined by the
Secretary that reflects the status of a
producer as a beginning farmer or rancher.
``(D) Tier ii conservation contracts.--The payment
for a Tier II conservation security contract shall be
comprised of the total of the following amounts:
``(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 cost of
practices covered by the conservation security
contract, based on the 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), except that the bonus
amount under this clause may include any amount
for the adoption or maintenance by the producer
of any practice that exceeds resource
management system standards.
``(E) Tier iii conservation contracts.--The payment
for a Tier III conservation security contract shall be
comprised of the total of the following amounts:
``(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 cost of
practices covered by the conservation security
contract, based on the 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), the Secretary shall, in amounts and for a
term specified in a conservation security contract and
taking into account any advance payments, make an
annual payment, directly or indirectly, to the
individual or entity covered by the conservation
security contract in an amount not to exceed--
``(i) in the case of a Tier I conservation
security contract, $20,000;
``(ii) in the case of a Tier II
conservation security contract, $35,000; or
``(iii) in the case of a Tier III
conservation security contract, $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, directly or indirectly, payments
described in clauses (i) and (ii) of paragraph (1)(C),
(1)(D), or (1)(E), as appropriate, in an amount that
exceeds 75 percent of the applicable payment
limitation.
``(C) Other usda payments.--If a producer 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 from the
conservation security program and the other
conservation programs, other than payments for
conservation easements, in applying the annual payment
limitations under this paragraph.
``(D) Non-usda payments.--
``(i) In general.--A payment described in
clause (ii) shall not be considered an annual
payment
2000
for purposes of the annual payment
limitations under this paragraph.
``(ii) Payment.--A payment referred to in
clause (i) is a payment that--
``(I) is for the same practice on
the same land enrolled in the
conservation security program; and
``(II) is received from a Federal
program that is not administered by the
Secretary, or that is administered by
any State, local, or private
agricultural agency or organization.
``(E) Commensurate share.--To be eligible to
receive a payment under this chapter, an individual or
entity shall make contributions (including
contributions of land, labor, management, equipment, or
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 a producer 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 producer 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 contract entered into
under--
``(i) the conservation reserve program
under subchapter B of chapter 1; or
``(ii) the wetlands reserve program under
subchapter C of chapter 1; or
``(B) have each annual payment to the producer
under this subsection reduced to reflect payment for
practices the producer receives under the other
conservation program, except that the annual payment
under this subsection shall not be reduced by the
amount of any incentive received under a program
referred to in section 1231(b)(6) 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
a producer 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) Minimum Practice Requirement.--In determining a payment under
subsection (a) or (b) for an owner, operator, or producer that receives
a payment under another program administered by the Secretary that is
contingent on complying with requirements under subtitle B or C of
title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.)
relating to the use of highly erodible land or wetland, a payment under
this chapter for 1 or more practices on land subject to those
requirements shall be for practices that exceed minimum requirements
for the owner, operator, or producer under those subtitles, as
determined by the Secretary.
``(d) Regulations.--
``(1) In general.--The Secretary shall promulgate
regulations that--
``(A) provide for adequate safeguards to protect
the interests of tenants and sharecroppers, including
provision for sharing payments, on a fair and equitable
basis; and
``(B) 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--
``(i) the year for which the scheme or
device was adopted; and
``(ii) 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--
``(i) the year for which the scheme or
device was adopted; and
``(ii) each of the following 10 years.
``(e) Termination.--
``(1) In general.--Subject to section 1238B, the Secretary
shall allow a producer to terminate the conservation security
contract.
``(2) Payments.--the producer may retain any or all
payments received under a terminated conservation security
contract if--
``(A) the producer 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 purposes of the
conservation security plan of the producer.
``(f) 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 a producer 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.
``(g) Technical Assistance.--
``(1) In general.--For each of fiscal years 2003 through
2006, the Secretary shall provide technical assistance to
producers for the development and implementation of
conservation security contracts, in an amount not to exceed 20
percent of amounts 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.
``(h) Conservation Security Pilot Program.--
``(1) In general.--Effective October 1, 2004, the
Secretary, in cooperation with appropriate State agencies, may
establish a pilot program to demonstrate and evaluate the
implementation of a conservation security program by a State
described in paragraph (2).
``(2) Eligible state.--The State referred to in paragraph
(1) shall be a State selected by the Secretary--
``(A) in consultation with--
``(i) the Commit
2000
tee on Agriculture of the
House of Representatives; and
``(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate; and
``(B) after taking into consideration--
``(i) the percentage of private land in
agricultural production 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 for each of
fiscal years 2002 through 2006 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, after consultation
with the State technical committee, to enhance technical and
financial assistance provided to owners, operators, and
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
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--
``(i) to facilitate surface and ground
water conservation;
``(ii) to protect water quality;
``(iii) to protect endangered or threatened
species or habitat, such as conservation
corridors;
``(iv) to improve methods of irrigation;
``(v) to convert acreage from irrigated
production; or
``(vi) to reduce nutrient loads of
watersheds.''.
``(2) Incentives.--To realize the purposes of the special
projects under paragraph (1), the Secretary may provide
incentives to owners, operators, and producers participating in
the special projects to encourage partnerships and sharing of
technical and financial resources among owners, operators, and
producers and among owners, operators, and producers and
governmental and nongovernmental organizations.
``(3) Flexibility.--
``(A) In general.--The Secretary may enter into
agreements with States (including State agencies and
units of local government) and nongovernmental
organizations to allow greater flexibility to adjust
the application of eligibility criteria, approved
practices, innovative conservation practices, and other
elements of the programs under this title to better
reflect unique local circumstances and purposes 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 title.
``(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 the proposed
adjustments;
``(iv) a description of non-Federal
programs and resources that will contribute to
achieving the purposes of the special project
or priority area program; and
``(v) a plan for regular monitoring,
evaluation, and reporting of progress toward
the purposes of the special project or priority
area program.
``(4) Funding for special projects.--The Secretary may
carry out special projects, the purposes of which are to
encourage--
``(A) producers to cooperate in the installation
and maintenance of conservation systems that affect
multiple agricultural operations;
``(B) the sharing of information and technical and
financial resources;
``(C) cumulative environmental benefits across
operations of producers; and
``(D) the development and demonstration of
innovative conservation methods.
``(5) Funding.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall use 5 percent of the funds made
available for each fiscal year under section 1241(b) to
carry out activities that are authorized under the
environmental quality incentives program established
under chapter 4 of subtitle D.
``(B) Unused funding.--Any funds made available for
a fiscal year under subparagraph (A) that are not
obligated by June 1 of the fiscal year may be used to
carry out other activities under the environmental
quality incentives program during the fiscal year in
which the funding becomes available.''.
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, operator, or producer
th
2000
at 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,
operator, or producer, 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, operator, or producer has been injured by
good faith reliance described in paragraph (1), allow
the owner, operator, or producer--
``(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;
``(iv) to reenroll all or part of the land
covered by the contract in the applicable
program; or
``(v) to receive any other equitable relief
the Secretary considers appropriate; and
``(B) require the owner, operator, or producer 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, operator, or producer that the
employee and the owner, operator, or producer know are
inconsistent with applicable law (including
regulations); or
``(B) an owner, operator, or producer takes any
action, independent of any advice or authorization
provided by an employee of the Secretary, that the
owner, operator, or producer 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 or after 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, training,
monitoring, evaluation, technical assistance, and related
services to agricultural producers (socially disadvantaged
agricultural producers, beginning farmers and ranchers, Indian
tribes (as those terms are defined in section 1238), and
limited resource agricultural producers);
``(2) may enter into contracts with States (including State
agencies and units of local government), 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) 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 and Indian
tribes (as those terms are defined in section 1238) and limited
resource agricultural producers incentives to participate in the
conservation program to--
``(1) foster new farming opportunities; and
``(2) enhance environmental stewardship over the long term.
``(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, operator, or producer, at the request of
the owner, operator, or producer, the Secretary shall provide the
owner, operator, or producer with mediation services or an informal
hearing on the decision.
``(f) Technical Assistance.--
``(1) In general.--Under any conservation program
administered by the Secretary, subject to paragraph (2),
technical assistance provided by persons certified under
paragraph (3) (including farmers and ranchers) may include--
``(A) conservation planning;
``(B) design, installation, and certification of
conservation practices;
``(C) conservation training for producers; and
``(D) such other conservation activities as the
Secretary determines to be appropriate.
``(2) Outside assistance.--
``(A) In general.--The Secretary may contract
directly with qualified persons not employed by the
Department to provide conservation technical
assistance.
``(B) Payment by secretary.--Subject to
subparagraph (C), the Secretary may provide a payment
to an owner, operator, or producer enrolled in a
conservation program administered by the Secretary if
the owner, operator, or producer elects to obtain
technical assistance from a person certified to provide
technical assistance under this subsection.
``(C) Nonprivate providers.--In determining whether
to provide a payment under subparagraph (B) to a
nonprivate provider, the Secretary shall provide a
payment if the provision of the payment would result in
an increase in the total amount of technical assistance
available to producers, as determined by the Secretary.
``(3) Certification of providers of technical assistance.--
``(A) Procedures.--
``(i) In general.--The Secretary shall
establish procedures for certifying persons not
employed by the Department to provide technical
assistance in planning, designing, or
certifying activities to participate in any
conservation program administered by the
Secretary to agricultural producers and
landowners participating, or seeking to
participate, in conservation programs
administered by the Secretary.
``(ii) Non-federal assistance.--The
Secretary may request the services of, and
enter into a cooperative agreement with, a
State water quality agency, State fish and
wildlife agency, State forestry agency, or any
other governmental or nongovernmental
2000
organization or person considered appropriate
to assist in providing the technical assistance
necessary to develop and implement conservation
plans under this title.
``(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.--
``(i) In general.--A provider may not
provide to any producer technical assistance
described in paragraph (3)(A)(i) unless the
provider is certified by the Secretary.
``(ii) Waiver.--The Secretary may exempt a
provider from any requirement of this
subparagraph if the Secretary determines that
the provider has been certified or recertified
to provide technical assistance through a
program the standards of which meet or exceed
standards established by the Secretary under
subparagraph (B).
``(D) Fee.--
``(i) In general.--In exchange for
certification or recertification, a provider
shall pay a fee to the Secretary in an amount
determined by the Secretary.
``(ii) Account.--A fee paid to the
Secretary under clause (i) shall be--
``(I) credited to the account in
the Treasury that incurs costs relating
to implementing this subsection; and
``(II) made available to the
Secretary for use for conservation
programs administered by the Secretary,
without further appropriation, until
expended.
``(iii) Waiver.--The Secretary may waive
any requirement of any provider to pay a fee
under this subparagraph if the provider
qualifies for a waiver under subparagraph
(C)(ii).
``(E) Other requirements.--The Secretary may
establish such other requirements as the Secretary
determines are necessary to carry out this subsection.
``(g) Privacy of Personal Information Relating to Natural Resources
Conservation Programs.--
``(1) Information received for technical and financial
assistance.--
``(A) In general.--In accordance with section 1770
and section 552(b)(3) of title 5, United States Code,
except as provided in subparagraph (C) and paragraph
(3), information described in subparagraph (B)--
``(i) shall not be considered to be public
information; and
``(ii) shall not be released to any person
or Federal, State, local agency or Indian tribe
(as defined in section 1238) outside the
Department of Agriculture.
``(B) Information.--The information referred to in
subparagraph (A) is information--
``(i) provided to, or developed by, the
Secretary (including a contractor of the
Secretary) for the purpose of providing
technical or financial assistance to an owner,
operator, or producer with respect to any
natural resources conservation program
administered by the Natural Resources
Conservation Service or the Farm Service
Agency; and
``(ii) that is proprietary to the
agricultural operation or land that is a part
of an agricultural operation of the owner,
operator, or producer.
``(C) Exception.--Information compiled by the
Secretary, such as a list of owners, operators, or
producers that have received payments from the
Secretary and the amounts received, shall be--
``(i) considered to be public information;
and
``(ii) may be released to any--
``(I) person;
``(II) Indian tribe (as defined in
section 1238); or
``(III) Federal, State, local
agency outside the Department of
Agriculture.
``(2) Inventory, monitoring, and site specific
information.--Except as provided in paragraph (3) and
notwithstanding any other provision of law, in order to
maintain the personal privacy, confidentiality, and cooperation
of owners, operators, and producers, and to maintain the
integrity of sample sites, the specific geographic locations of
data gathering sites of the National Resources Inventory of the
Department of Agriculture, and the information generated by
those sites--
``(A) shall not be considered to be public
information; and
``(B) shall not be released to any person or
Federal, State, local, or tribal agency outside the
Department.
``(3) Exceptions.--
``(A) release and disclosure for enforcement.--The
Secretary may release or disclose to the Attorney
General information covered by paragraph (1) or (2) to
the extent necessary to enforce the natural resources
conservation programs referred to in paragraph (1).
``(B) Disclosure to cooperating persons and
agencies.--
``(i) In general.--The Secretary may
release or disclose information covered by
paragraph (1) or (2) to a person or Federal,
State, local, or tribal agency working in
cooperation with the Secretary in providing
technical and financial assistance described in
paragraph (1) or collecting information from
National Resources Inventory data gathering
sites.
``(ii) Use of information.--The person or
Federal, State, local, or tribal agency that
receives information described in clause (i)
may release the information only for the
purpose of assisting the Secretary--
``(I) in providing the requested
technical or financial assistance; or
``(II) in collecting information
from National Resources Inventory data
gathering sites.
``(C) Statistical and aggregate information.--
Information covered by paragraph (1) or (2) may be
disclosed to the public if the
2000
information has been
transformed into a statistical or aggregate form that
does not allow the identification of any--
``(i) individual owner, operator, or
producer; or
``(ii) specific data gathering site.
``(D) Consent of owner, operator, or producer.--
``(i) In general.--An owner, operator, or
producer may consent to the disclosure of
information described in paragraph (1) or (2).
``(ii) Condition of other programs.--The
participation of the owner, operator, or
producer in, and the receipt of any benefit by
the owner, operator, or producer under, this
title or any other program administered by the
Secretary may not be conditioned on the owner,
operator, or producer providing consent under
this paragraph.
``(4) Violations; penalties.--Section 1770(c) shall apply
with respect to the release of information collected in any
manner or for any purpose prohibited by this subsection.
``(h) Indian Tribes.--In carrying out any conservation program
administered by the Secretary on land under the jurisdiction of an
Indian tribe (as defined in section 1238), the Secretary shall
cooperate with the tribal government of the Indian tribe to ensure, to
the maximum extent practicable, that the program is administered in a
fair and equitable manner.''.
SEC. 205. REFORM AND ASSESSMENT OF CONSERVATION PROGRAMS.
(a) In General.--The Secretary of Agriculture shall develop a plan
for--
(1) coordinating conservation programs administered by the
Secretary that are targeted at agricultural land to--
(A) eliminate redundancy; and
(B) improve delivery;
(2) to the maximum extent practicable--
(A) designing forms that are applicable to all
conservation programs administered by the Secretary;
(B) reducing and consolidating paperwork
requirements for the 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; and
(3) to the maximum extent practicable, improving the
delivery of conservation programs to Indian tribes (as defined
in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)), including programs for the
delivery of conservation programs to Indian tribes under plans
carried out in conjunction with the Secretary of the Interior.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
describes the plan developed under subsection (a), including any
recommendations for implementation of the plan.
(c) National Conservation Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a plan and estimated budget for
implementing the appraisal of the soil, water, and related
resources of the United States contained in the national
conservation program under sections 5 and 6 of the Soil and
Water Resources Conservation Act of 1977 (16 U.S.C. 2004, 2005)
as the primary vehicle for managing conservation on
agricultural land in the United States.
(2) Report on implementation.--Not later than April 30,
2005, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that--
(A) describes the status of the implementation of
the plan described in paragraph (1);
(B) contains an evaluation of the scope, quality,
and outcomes of the conservation practices carried out
under the plan; and
(C) makes recommendations for achieving specific
and quantifiable improvements for the purposes of
programs covered by the plan.
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) Chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3830 et seq.) is amended in the chapter heading by
striking ``ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM'' and
inserting ``COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM''.
(b) Section 1230 of the Food Security Act of 1985 (16 U.S.C. 3830)
is amended--
(1) in the section heading, by striking ``environmental
conservation acreage reserve program'' and inserting
``comprehensive conservation enhancement program'';
(2) in subsection (a)(1), by striking ``an environmental
conservation acreage reserve program'' and inserting ``a
comprehensive conservation enhancement program''; and
(3) by striking ``ECARP'' each place it appears and
inserting ``CCEP''.
(c) Section 1230A of the Food Security Act of 1985 (16 U.S.C.
3830a) is repealed.
(d) 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) Priority.--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 purposes of a program established
under this title.''.
(c) 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
2000
PROGRAM.
(a) Reauthorization.--
(1) In general.--Section 1231 of the Food Security Act of
1985 (16 U.S.C. 3831) is amended in subsections (a), (b)(3),
and (d), by striking ``2002'' each place it appears and
inserting ``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) Eligibility.--Section 1231(b) of the Food Security Act
of 1985 (16 U.S.C. 3831(b)) 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 was considered to be planted 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 as of that date);''; and
(B) by adding at the end the following:
``(5) the portion of land in a field not enrolled in the
conservation reserve in a case in which more than 50 percent of
the land in the field is enrolled as a buffer under a program
described in section 1234(i)(1), if the land is enrolled as
part of the buffer; and
``(6) land (including land that is not cropland) enrolled
through continuous signup--
``(A) to establish conservation buffers as part of
the program described in a notice issued on March 24,
1998 (63 Fed. Reg. 14109) or a successor program; or
``(B) into the conservation reserve enhancement
program described in a notice issued on May 27, 1998
(63 Fed. Reg. 28965) or a successor program.''.
(2) 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 purposes 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 by striking ``36,400,000'' and
inserting ``40,000,000''.
(d) Duration of Contracts; Hardwood Trees.--Section 1231(e)(2) of
the Food Security Act of 1985 (16 U.S.C. 3831(e)(2)) is amended--
(1) by striking ``In the'' and inserting the following:
``(A) In general.--In the'';
(2) by striking ``The Secretary'' and inserting the
following:
``(B) Existing hardwood tree contracts.--The
Secretary''; and
``(3) by adding at the end the following:
``(C) Extension of hardwood tree contracts.--
``(i) In general.--In the case of land
devoted to hardwood trees under a contract
entered into under this subchapter before the
date of enactment of this subparagraph, the
Secretary may extend the contract for a term of
not more than 15 years.
``(ii) Rental payments.--The amount of a
rental payment for a contract extended under
clause (i)--
``(I) shall be determined by the
Secretary; but
``(II) shall not exceed 50 percent
of the rental payment that was
applicable to the contract before the
contract was extended.''.
(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'';
(2) in paragraph (1), by striking ``During the 2001 and
2002 calendar years, the Secretary shall carry out a pilot
program'' and inserting ``During the 2002 through 2006 calendar
years, the Secretary shall carry out a program'';
(3) in paragraph (2), by striking ``pilot''; and
(4) in paragraph (3)(D)(i), by striking ``5 contiguous
acres.'' and inserting ``10 contiguous acres, of which--
``(I) not more than 5 acres shall
be eligible for payment; and
``(II) all acres (including acres
that are ineligible for payment) shall
be covered by the conservation
contract.''.
(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 ``except that the Secretary--'' and
inserting ``except that--'';
(B) in subparagraph (A)--
(i) by striking ``(A) may'' and inserting
``(A) the Secretary may''; and
(ii) by striking ``and'' at the end;
(C) in subparagraph (B)--
(i) by striking ``(B) shall'' and inserting
``(B) the Secretary shall''; and
(ii) by striking the period at the end and
inserting a semicolon;
(D) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(D) for maintenance purposes, the Secretary shall
permit harvesting or grazing or other commercial uses
of forage, in a manner that is consistent with the
purposes of this subchapter and a conservation plan
approved by the Secretary, on acres enrolled--
``(i) to establish conservation buffers as
part of the program described in a notice
issued on March 24, 1998 (63 Fed. Reg. 14109)
or a successor program; and
``(ii) into the conservation reserve
enhancement program described in a notice
issued on May 27, 1998 (63 Fed. Reg. 28965) or
a success
2000
or program.'';
(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 a crop for the duration of the
contract on any other highly erodible land that the
owner or operator owns unless the highly erodible
land--
``(i) has a history of being used to
produce a crop other than a forage crop, as
determined by the Secretary; 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 requirements of
paragraph (5); and''.
(g) Wind Turbines.--Section 1232 of the Food Security Act of 1985
(8906 U.S.C. 3832) is amended by adding at the end the following:
``(f) Wind Turbines.--
``(1) In general.--Subject to paragraph (2), 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 described in section 1231(b)(6)), to
install wind turbines on the land.
``(2) Number; location.--The Secretary shall determine the
number and location of wind turbines that may be installed on a
tract of land under paragraph (1), taking into account--
``(A) the location, size, and other physical
characteristics of the land;
``(B) the extent to which the land contains
wildlife and wildlife habitat; and
``(C) the purposes of the conservation reserve
program.
``(3) Payment limitation.--Notwithstanding the amount of a
rental payment limited by section 1234(c)(2) and specified in a
contract entered into under this chapter, the Secretary shall
reduce the amount of the rental payment paid to an owner or
operator of land on which 1 or more wind turbines are installed
under this subsection 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.''.
(h) 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 and practice incentive payments under the
conservation reserve program to owners and operators that
implement a practice under--
``(A) the program to establish conservation buffers
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.
``(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.''.
(i) 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 (as described in section 1231(b)(6)), the Secretary''.
(j) 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 of the House of Representatives
and 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) of the Food Security Act
of 1985 (16 U.S.C. 3837(b)) is amended by striking paragraph (1) and
inserting the following:
``(1) Maximum enrollment.--
``(A) In general.--The total number of acres
enrolled in the wetlands reserve program shall not
exceed 2,225,000 acres, of which, to the maximum extent
practicable subject to subparagraph (B), the Secretary
shall enroll 250,000 acres in each calendar year.
``(B) Wetlands reserve enhancement acreage.--Of the
acreage enrolled under subparagraph (A) for a calendar
year, not more than 25,000 acres may be enrolled in the
wetlands reserve enhancement program described in
subsection (h).''.
(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''.
(d) Wetlands Reserve Enhancement Program.--Section 1237 of the Food
Security Act of 1985 (16 U.S.C. 3837) is amended by adding at the end
the following:
``(h) Wetlands Reserve Enhancement Program.--
``(1) In general.--The Secretary may enter into cooperative
agreements with State or local governments, and with private
organizations, to develop, on land that is enrolled, or is
eligible to be enrolled, in the wetland reserve established
under this subchapter, wetland restoration activities in
watershed areas.
``(2) Purpose.--The purpose of the agreements shall be to
address critical environmental issues.''.
(e) Monitoring and Maintenance.--Section 1237C(a)(2) of the Food
Security Act of 1985 (16 U.S.C. 3837c(a)(2)) is amended by striking
``assistance'' and inserting ``assistance (including monitoring and
maintenance)''.
SEC. 214. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) In General.--Chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended to read as
follows:
``SEC. 1240. PURPOSES.
``The purposes of the environmental quality incentives program
established by this chapter are to promote agricultural production and
environmental quality as compatible national goals, and to maximize
environmental benefits per dollar expended, by--
``(1) assisting producers in complying with--
``(A) this title;
``(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
``(C) the Safe Drinking Water Act (42 U.S.C. 300f
et seq.);
``(D) the Clean Air Act (42 U.S.C. 7401 et seq.);
and
``(E) other Federal, State, and local environmental
laws (including regulations);
``(2) avoiding, to the maximum extent practicable, the need
for resource and regulatory programs by assisting producers in
protecting soil, water, air, and related natural resources and
meeting environmental quality criteria established by Federal,
State, and local agencies;
``(3) providing flexible technical and financial a
2000
ssistance
to producers to install and maintain conservation systems that
enhance soil, water, related natural resources (including
grazing land and wetland), and wildlife while sustaining
production of food and fiber;
``(4) assisting producers to make beneficial, cost
effective changes to cropping systems, grazing management,
nutrient management associated with livestock, pest or
irrigation management, or other practices on agricultural land;
``(5) facilitating partnerships and joint efforts among
producers and governmental and nongovernmental organizations;
and
``(6) consolidating and streamlining conservation planning
and regulatory compliance processes to reduce administrative
burdens on producers and the cost of achieving environmental
goals.
``SEC. 1240A. DEFINITIONS.
``In this chapter:
``(1) Beginning farmer or rancher.--The term `beginning
farmer or rancher' has the meaning provided under section
343(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1999(a)).
``(2) Comprehensive nutrient management.--
``(A) In general.--The term `comprehensive nutrient
management' means any combination of structural
practices, land management practices, and management
activities associated with crop or livestock production
described in subparagraph (B) that collectively ensure
that the purposes of crop or livestock production and
preservation of natural resources (especially the
preservation and enhancement of water quality) are
compatible.
``(B) Elements.--For the purpose of subparagraph
(A), structural practices, land management practices,
and management activities associated with livestock
production are--
``(i) manure and wastewater handling and
storage;
``(ii) manure processing, composting, or
digestion for purposes of capturing emissions,
concentrating nutrients for transport,
destroying pathogens or otherwise improving the
environmental safety and beneficial uses of
manure;
``(iii) land treatment practices;
``(iv) nutrient management;
``(v) recordkeeping;
``(vi) feed management; and
``(vii) other waste utilization options.
``(C) Practice.--
``(i) Planning.--The development of a
comprehensive nutrient management plan shall be
a practice that is eligible for incentive
payments and technical assistance under this
chapter.
``(ii) Implementation.--The implementation
of a comprehensive nutrient plan shall be
accomplished through structural and land
management practices identified in the plan.
``(3) Eligible land.--The term `eligible land' means
agricultural land (including cropland, grassland, rangeland,
pasture, private nonindustrial forest land, and other land on
which crops or livestock are produced), including agricultural
land that the Secretary determines poses a serious threat to
soil, water, or related resources by reason of the soil types,
terrain, climatic, soil, topographic, flood, or saline
characteristics, or other factors or natural hazards.
``(4) Innovative technology.--The term `innovative
technology' means a new conservation technology that, as
determined by the Secretary--
``(A) maximizes environmental benefits;
``(B) complements agricultural production; and
``(C) may be adopted in a practical manner.
``(5) Land management practice.--The term `land management
practice' means a site-specific nutrient or manure management,
integrated pest management, irrigation management, tillage or
residue management, grazing management, air quality management,
or other land management practice carried out on eligible land
that the Secretary determines is needed to protect from
degradation, in the most cost-effective manner, water, soil, or
related resources.
``(6) Livestock.--The term `livestock' means dairy cattle,
beef cattle, laying hens, broilers, turkeys, swine, sheep, and
such other animals as are determined by the Secretary.
``(7) Maximize environmental benefits per dollar
expended.--
``(A) In general.--The term `maximize environmental
benefits per dollar expended' means to maximize
environmental benefits to the extent the Secretary
determines is practicable and appropriate, taking into
account the amount of funding made available to carry
out this chapter.
``(B) Limitation.--The term `maximize environmental
benefits per dollar expended' does not require the
Secretary--
``(i) to require the adoption of the least
cost practice or technical assistance; or
``(ii) to require the development of a plan
under section 1240E as part of an application
for payments or technical assistance.
``(8) Practice.--The term `practice' means 1 or more
structural practices, land management practices, and
comprehensive nutrient management planning practices.
``(9) Producer.--The term `producer' has the meaning given
the term in section 102 of the Agricultural Market Transition
Act (7 U.S.C. 7202).
``(10) Structural practice.--The term `structural practice'
means--
``(A) the establishment on eligible land of a site-
specific animal waste management facility, terrace,
grassed waterway, contour grass strip, filterstrip,
tailwater pit, permanent wildlife habitat, constructed
wetland, or other structural practice that the
Secretary determines is needed to protect, in the most
cost-effective manner, water, soil, or related
resources from degradation; and
``(B) the capping of abandoned wells on eligible
land.
``SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
``(a) Establishment.--
``(1) In general.--During each of the 2002 through 2006
fiscal years, the Secretary shall provide technical assistance,
cost-share payments, and incentive payments to producers, that
enter into contracts with the Secretary, through an
environmental quality incentives program in accordance with
this chapter.
``(2) Eligible practices.--
``(A) Structural practices.--A producer that
implements a structural practice shall be eligible for
any combination of technical assistance, cost-share
payments, and education.
``(B) Land management practices.--A producer that
performs a land management practice shall be eligible
for any combination of technical assistance, incentive
payments, and edu
2000
cation.
``(C) Comprehensive nutrient management planning.--
A producer that develops a comprehensive nutrient
management plan shall be eligible for any combination
of technical assistance, incentive payments, and
education.
``(3) Education.--The Secretary may provide conservation
education at national, State, and local levels consistent with
the purposes of the environmental quality incentives program
to--
``(A) any producer that is eligible for assistance
under this chapter; or
``(B) any producer that is engaged in the
production of an agricultural commodity.
``(b) Application and Term.--With respect to practices implemented
under this chapter--
``(1) a contract between a producer and the Secretary may--
``(A) apply to 1 or more structural practices, land
management practices, and comprehensive nutrient
management planning practices; and
``(B) have a term of not less than 3, nor more than
10, years, as determined appropriate by the Secretary,
depending on the practice or practices that are the
basis of the contract; and
``(2) a producer may not enter into more than 1 contract
for structural practices involving livestock nutrient
management during the period of fiscal years 2002 through 2006.
``(c) Application and Evaluation.--
``(1) In general.--The Secretary shall establish an
application and evaluation process for awarding technical
assistance, cost-share payments, and incentive payments to a
producer in exchange for the performance of 1 or more practices
that maximizes environmental benefits per dollar expended.
``(2) Comparable environmental value.--
``(A) In general.--The Secretary shall establish a
process for selecting applications for technical
assistance, cost-share payments, and incentive payments
when there are numerous applications for assistance for
practices that would provide substantially the same
level of environmental benefits.
``(B) Criteria.--The process under subparagraph (A)
shall be based on--
``(i) a reasonable estimate of the
projected cost of the proposals described in
the applications; and
``(ii) the priorities established under
this chapter and other factors that maximize
environmental benefits per dollar expended.
``(3) Consent of owner.--If the producer making an offer to
implement a structural practice is a tenant of the land
involved in agricultural production, for the offer to be
acceptable, the producer shall obtain the consent of the owner
of the land with respect to the offer.
``(4) Bidding down.--If the Secretary determines that the
environmental values of 2 or more applications for technical
assistance, cost-share payments, or incentive payments are
comparable, the Secretary shall not assign a higher priority to
the application only because it would present the least cost to
the program established under this chapter.
``(d) Cost-Share Payments.--
``(1) In general.--Except as provided in paragraph (2), the
cost-share payments provided to a producer proposing to
implement 1 or more practices under the program shall be not
more than 75 percent of the cost of the practice, as determined
by the Secretary.
``(2) Exceptions.--
``(A) Limited resource and beginning farmers.--The
Secretary may increase the amount provided to a
producer under paragraph (1) to not more than 90
percent if the producer is a limited resource or
beginning farmer or rancher, as determined by the
Secretary.
``(B) Cost-share assistance from other sources.--
Any cost-share payments received by a producer from a
State or private organization or person for the
implementation of 1 or more practices shall be in
addition to the payments provided to the producer under
paragraph (1).
``(3) Other payments.--A producer shall not be eligible for
cost-share payments for practices on eligible land under this
chapter if the producer receives cost-share payments or other
benefits for the same practice on the same land under chapter 1
and this chapter.
``(e) Incentive Payments.--The Secretary shall make incentive
payments in an amount and at a rate determined by the Secretary to be
necessary to encourage a producer to perform 1 or more practices.
``(f) Technical Assistance.--
``(1) In general.--The Secretary shall allocate funding
under this chapter for the provision of technical assistance
according to the purpose and projected cost for which the
technical assistance is provided for a fiscal year.
``(2) Amount.--The allocated amount may vary according to--
``(A) the type of expertise required;
``(B) the quantity of time involved; and
``(C) other factors as determined appropriate by
the Secretary.
``(3) Limitation.--Funding for technical assistance under
this chapter shall not exceed the projected cost to the
Secretary of the technical assistance provided for a fiscal
year.
``(4) Other authorities.--The receipt of technical
assistance under this chapter shall not affect the eligibility
of the producer to receive technical assistance under other
authorities of law available to the Secretary.
``(5) Incentive payments for technical assistance.--
``(A) In general.--A producer that is eligible to
receive technical assistance for a practice involving
the development of a comprehensive nutrient management
plan may obtain an incentive payment that can be used
to obtain technical assistance associated with the
development of any component of the comprehensive
nutrient management plan.
``(B) Purpose.--The purpose of the payment shall be
to provide a producer the option of obtaining technical
assistance for developing any component of a
comprehensive nutrient management plan from a private
person.
``(C) Payment.--The incentive payment shall be--
``(i) in addition to cost-share or
incentive payments that a producer would
otherwise receive for structural practices and
land management practices;
``(ii) used only to procure technical
assistance from a private person that is
necessary to develop any component of a
comprehensive nutrient management plan; and
``(iii) in an amount determined appropriate
by the Secretary, taking into account--
``(I) the extent and complexity of
the technical assistance provided;
``(II) the costs that the Secretary
would have incurred in providing the
2000
technical assistance; and
``(III) the costs incurred by the
private provider in providing the
technical assistance.
``(D) Eligible practices.--The Secretary may
determine, on a case by case basis, whether the
development of a comprehensive nutrient management plan
is eligible for an incentive payment under this
paragraph.
``(E) Certification by secretary.--
``(i) In general.--Only private persons
that have been certified by the Secretary under
section 1244(f)(3) shall be eligible to provide
technical assistance under this subsection.
``(ii) Quality assurance.--The Secretary
shall ensure that certified private providers
are capable of providing technical assistance
regarding comprehensive nutrient management in
a manner that meets the specifications and
guidelines of the Secretary and that meets the
needs of producers under the environmental
quality incentives program.
``(F) Advance payment.--On the determination of the
Secretary that the proposed comprehensive nutrient
management of a producer is eligible for an incentive
payment, the producer may receive a partial advance of
the incentive payment in order to procure the services
of a certified private provider.
``(G) Final payment.--The final installment of the
incentive payment shall be payable to a producer on
presentation to the Secretary of documentation that is
satisfactory to the Secretary and that demonstrates--
``(i) completion of the technical
assistance; and
``(ii) the actual cost of the technical
assistance.
``(g) Modification or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with a producer
under this chapter if--
``(A) the producer agrees to the modification or
termination; and
``(B) the Secretary determines that the
modification or termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate
a contract under this chapter if the Secretary determines that
the producer violated the contract.
``SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS.
``(a) In General.--In evaluating applications for technical
assistance, cost-share payments, and incentive payments, the Secretary
shall accord a higher priority to assistance and payments that--
``(1) maximize environmental benefits per dollar expended;
and
``(2)(A) address national conservation priorities,
including--
``(i) meeting Federal, State, and local
environmental purposes focused on protecting air and
water quality;
``(ii) comprehensive nutrient management;
``(iii) water quality, particularly in impaired
watersheds;
``(iv) soil erosion; or
``(v) air quality;
``(B) are provided in conservation priority areas
established under section 1230(c);
``(C) are provided in special projects under section
1243(f)(4) with respect to which State or local governments
have provided, or will provide, financial or technical
assistance to producers for the same conservation or
environmental purposes; or
``(D) an innovative technology in connection with a
structural practice or land management practice.
``SEC. 1240D. DUTIES OF PRODUCERS.
``To receive technical assistance, cost-share payments, or
incentive payments under this chapter, a producer shall agree--
``(1) to implement an environmental quality incentives
program plan that describes conservation and environmental
purposes to be achieved through 1 or more practices that are
approved by the Secretary;
``(2) not to conduct any practices on the farm or ranch
that would tend to defeat the purposes of this chapter;
``(3) on the violation of a term or condition of the
contract at any time the producer has control of the land--
``(A) if the Secretary determines that the
violation warrants termination of the contract--
``(i) to forfeit all rights to receive
payments under the contract; and
``(ii) to refund to the Secretary all or a
portion of the payments received by the owner
or operator under the contract, including any
interest on the payments, as determined by the
Secretary; or
``(B) if the Secretary determines that the
violation does not warrant termination of the contract,
to refund to the Secretary, or accept adjustments to,
the payments provided to the owner or operator, as the
Secretary determines to be appropriate;
``(4) on the transfer of the right and interest of the
producer in land subject to the contract, unless the transferee
of the right and interest agrees with the Secretary to assume
all obligations of the contract, to refund all cost-share
payments and incentive payments received under this chapter, as
determined by the Secretary;
``(5) to supply information as required by the Secretary to
determine compliance with the environmental quality incentives
program plan and requirements of the program; and
``(6) to comply with such additional provisions as the
Secretary determines are necessary to carry out the
environmental quality incentives program plan.
``SEC. 1240E. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
``(a) In General.--To be eligible to receive technical assistance,
cost-share payments, or incentive payments under the environmental
quality incentives program, a producer of a livestock or agricultural
operation shall submit to the Secretary for approval a plan of
operations that specifies practices covered under this chapter, and is
based on such terms and conditions, as the Secretary considers
necessary to carry out the program, including a description of the
practices to be implemented and the purposes to be met by the
implementation of the plan.
``(b) Avoidance of duplication.--The Secretary shall, to the
maximum extent practicable, eliminate duplication of planning
activities under the environmental quality incentives program and
comparable conservation programs.
``SEC. 1240F. DUTIES OF THE SECRETARY.
``To the extent appropriate, the Secretary shall assist a producer
in achieving the conservation and environmental goals of an
environmental quality incentives program plan by--
``(1) providing technical assistance in developing and
implementing the plan;
``(2) providing technical assistance, cost-share payments,
or incentive payments for developing and implementing 1 or more
practices, as appropriate;
``(3) providing the producer with information, education,
and training to aid in implementation of the plan; and
2000
``(4) encouraging the producer to obtain technical
assistance, cost-share payments, or grants from other Federal,
State, local, or private sources.
``SEC. 1240G. LIMITATION ON PAYMENTS.
``(a) In General.--An individual or entity may not receive,
directly or indirectly, payments under this chapter that exceed--
``(1) $50,000 for any fiscal year; or
``(2) $150,000 for any multiyear contract.
``(b) Verification.--The Secretary shall identify individuals and
entities that are eligible for a payment under this chapter using
social security numbers and taxpayer identification numbers,
respectively.
``SEC. 1240H. CONSERVATION INNOVATION GRANTS.
``(a) In General.--From funds made available to carry out this
chapter, for each of the 2003 through 2006 fiscal years, the Secretary
shall use not more than $100,000,000 for each fiscal year to pay the
cost of competitive grants that are intended to stimulate innovative
approaches to leveraging Federal investment in environmental
enhancement and protection, in conjunction with agricultural
production, through the environmental quality incentives program.
``(b) Use.--The Secretary may award grants under this section to
governmental and nongovernmental organizations and persons, on a
competitive basis, to carry out projects that--
``(1) involve producers that are eligible for payments or
technical assistance under this chapter;
``(2) implement innovative projects, such as--
``(A) market systems for pollution reduction;
``(B) promoting agricultural best management
practices, including the storing of carbon in the soil;
and
``(C) protection of source water for human
consumption; and
``(3) leverage funds made available to carry out this
chapter with matching funds provided by State and local
governments and private organizations to promote environmental
enhancement and protection in conjunction with agricultural
production.
``(c) Cost Share.--The amount of a grant made under this section to
carry out a project shall not exceed 50 percent of the cost of the
project.
``(d) Unused Funding.--Any funds made available for a fiscal year
under this section that are not obligated by June 1 of the fiscal year
may be used to carry out other activities under this chapter during the
fiscal year in which the funding becomes available.''.
(b) 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.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to provide
technical assistance, cost-share payments, incentive payments,
bonus payments, grants, and education under the environmental
quality incentives program under chapter 4 of subtitle D--
``(A) $500,000,000 for fiscal year 2002;
``(B) $1,050,000,000 for fiscal year 2003;
``(C) $1,200,000,000 for fiscal year 2004;
``(D) $1,200,000,000 for fiscal year 2005; and
``(E) $1,250,000,000 for fiscal year 2006.
``(2) Obligation of funds.--
``(A) In general.--If a contract under the
environmental quality incentives program under chapter
4 of subtitle D is terminated, or work under the
contract is completed, prior to the end of the term of
the contract and funds obligated for the contract have
not been expended, the unexpended funds may be used to
carry out any other contract under the program during
the same fiscal year in which the original contract was
terminated.
``(B) Additional uses of funds.--Funding for
contracts that terminate under the program administered
under subchapter B of chapter 1 may be transferred to,
and used to carry out, the program under chapter 4 of
subtitle D.''.
(c) Reimbursements.--Section 11 of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714i) is amended in the last sentence by
inserting ``but excluding transfers and allotments for conservation
technical assistance'' after ``activities''.
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 to improve--
``(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 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
2000
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 or loan provided by the Secretary (or
the Secretary and other Federal agencies) to, or a cooperative
agreement entered into by the Secretary (or the Secretary and
other Federal agencies) with, 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 Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(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, purposes, 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--
``(A) any State;
``(B) the District of Columbia; or
``(C) 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. POWERS 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 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 such 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 an
2000
y 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
purposes identified by, States, units of government, Indian tribes,
nonprofit organizations, and councils participating in, or served by,
the program.
``(b) Report.--Not later than June 30, 2005, 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 with respect 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.
(a) In General.--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) Definitions.--In this section:
``(1) Endangered species.--The term `endangered species'
has the meaning given the term in section 3 of the Endangered
Species Act of 1973 (16 U.S.C. 1532).
``(2) Program.--The term `program' means the wildlife
habitat incentive program established under subsection (b).
``(3) Threatened species.--The term `threatened species'
has the meaning given the term in section 3 of the Endangered
Species Act of 1973 (16 U.S.C. 1532).
``(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 the wildlife
habitat incentive program.
``(c) Cost-Share Payments.--
``(1) In general.--Under the program, the Secretary shall
make cost-share payments to owners of eligible land to develop
wildlife habitat approved by the Secretary.
``(2) Endangered and threatened species.--Of the funds made
available to carry out this subsection, the Secretary shall use
at least 15 percent to make cost-share payments to carry out
projects and activities relating to endangered species and
threatened species.
``(d) Pilot Program for Essential Plant and Animal Habitat.--Under
the program, the Secretary may establish procedures to use not more
than 15 percent of funds made available to acquire and enroll eligible
land for periods of at least 15 years to protect essential (as
determined by the Secretary) plant and animal habitat.
``(e) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section (including the
provision of technical assistance)--
``(1) $50,000,000 for fiscal year 2002;
``(2) $100,000,000 for each of fiscal years 2003 and 2004;
and
``(3) $125,000,000 for each of fiscal years 2005 and 2006.
``SEC. 1240N. WATERSHED RISK REDUCTION.
``(a) In General.--The Secretary, acting through the Natural
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 has
caused, is causing, or may cause 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 administered by the Secretary
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. 1240O. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND SEDIMENT
CONTROL.
``(a) In General.--The Secretary, in consultation with the Great
Lakes Commission created by Article IV of the Great Lakes Basin Compact
(82 Stat. 415) and in cooperation with the Administrator of the
Environmental Protection Agency and the Secretary of the Army, may
carry out the Great Lakes basin program for soil erosion and sediment
control (referred to in this section as the `program').
``(b) Assistance.--In carrying out the program, the Secretary may--
``(1) provide project demonstration grants, provide
technical assistance, and carry out information and education
programs to improve water quality in the Great Lakes basin by
reducing soil erosion and improving sediment control; and
``(2) provide a priority for projects and activities that
directly reduce soil erosion or improve sediment control.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2002 through 2006.
``SEC. 1240P. CONSERVATION OF PRIVATE GRAZING LAND.
``(a) Findings.--Congress finds that--
``(1) private grazing land constitutes nearly \1/2\ of the
non-Federal land of the United States and is basic to the
environmental, social, and economic stability of rural
communities;
``(2) private grazing land contains a complex set of
interactions among soil, water, air, plants, and animals;
``(3) grazing land constitutes the single
2000
largest watershed
cover type in the United States and contributes significantly
to the quality and quantity of water available for all of the
many uses of the land;
``(4) private grazing land constitutes the most extensive
wildlife habitat in the United States;
``(5) private grazing land can provide opportunities for
improved nutrient management from land application of animal
manures and other by-product nutrient resources;
``(6) owners and managers of private grazing land need to
continue to recognize conservation problems when the problems
arise and receive sound technical assistance to improve or
conserve grazing land resources to meet ecological and economic
demands;
``(7) new science and technology must continually be made
available in a practical manner so owners and managers of
private grazing land may make informed decisions concerning
vital grazing land resources;
``(8) agencies of the Department with private grazing land
responsibilities are the agencies that have the expertise and
experience to provide technical assistance, education, and
research to owners and managers of private grazing land for the
long-term productivity and ecological health of grazing land;
``(9) although competing demands on private grazing land
resources are greater than ever before, assistance to private
owners and managers of private grazing land is limited and does
not meet the demand and basic need for adequately sustaining or
enhancing the private grazing land resources; and
``(10) private grazing land can be enhanced to provide many
benefits to all citizens of the United States through voluntary
cooperation among owners and managers of the land, local
conservation districts, and the agencies of the Department
responsible for providing assistance to owners and managers of
land and to conservation districts.
``(b) Purpose.--The purpose of this section is to authorize the
Secretary to provide a coordinated technical, educational, and related
assistance program to conserve and enhance private grazing land
resources and provide related benefits to all citizens of the United
States by--
``(1) establishing a coordinated and cooperative Federal,
State, and local grazing conservation program for management of
private grazing land;
``(2) strengthening technical, educational, and related
assistance programs that provide assistance to owners and
managers of private grazing land;
``(3) conserving and improving wildlife habitat on private
grazing land;
``(4) conserving and improving fish habitat and aquatic
systems through grazing land conservation treatment;
``(5) protecting and improving water quality;
``(6) improving the dependability and consistency of water
supplies;
``(7) identifying and managing weed, noxious weed, and
brush encroachment problems on private grazing land; and
``(8) integrating conservation planning and management
decisions by owners and managers of private grazing land, on a
voluntary basis.
``(c) Definition of Private Grazing Land.--In this section, the
term `private grazing land land' means rangeland, pastureland, grazed
forest land, hay land, and any other non-federally owned land that is--
``(1) private;
``(2) owned by a State; or
``(3) under the jurisdiction of an Indian tribe .
``(d) Private Grazing Land Conservation Assistance.--
``(1) In general.--Subject to the availability of
appropriations for this section, the Secretary shall establish
a voluntary program to provide technical, educational, and
related assistance to owners and managers of private grazing
land and public agencies, through local conservation districts,
to enable the landowners, managers, and public agencies to
voluntarily carry out activities that are consistent with this
section, including--
``(A) maintaining and improving private grazing
land and the multiple values and uses that depend on
private grazing land;
``(B) implementing grazing land management
technologies;
``(C) managing resources on private grazing land,
including--
``(i) planning, managing, and treating
private grazing land resources;
``(ii) ensuring the long-term
sustainability of private grazing land
resources;
``(iii) harvesting, processing, and
marketing private grazing land resources; and
``(iv) identifying and managing weed,
noxious weed, and brush encroachment problems;
``(D) protecting and improving the quality and
quantity of water yields from private grazing land;
``(E) maintaining and improving wildlife and fish
habitat on private grazing land;
``(F) enhancing recreational opportunities on
private grazing land;
``(G) maintaining and improving the aesthetic
character of private grazing land; and
``(H) identifying the opportunities and encouraging
the diversification of private grazing land
enterprises.
``(2) Program elements.--
``(A) Funding.--Funds may be used to carry out this
section only if the funds are provided through a
specific line-item in the annual appropriations for the
Natural Resources Conservation Service.
``(B) Technical assistance and education.--
Personnel of the Department of Agriculture trained in
pasture and range management shall be made available
under the program to deliver and coordinate technical
assistance and education to owners and managers of
private grazing land, at the request of the owners and
managers.
``(e) Grazing Technical Assistance Self-Help.--
``(1) Findings.--Congress finds that--
``(A) there is a severe lack of technical
assistance for farmers and ranchers that graze
livestock;
``(B) Federal budgetary constraints preclude any
significant expansion, and may force a reduction of,
levels of technical support; and
``(C) farmers and ranchers have a history of
cooperatively working together to address common needs
in the promotion of their products and in the drainage
of wet areas through drainage districts.
``(2) Establishment of grazing demonstration districts.--In
accordance with paragraph (2), the Secretary may establish 2
grazing management demonstration districts on the
recommendation of the grazing land conservation initiative
steering committee.
``(3) Procedure.--
``(A) Proposal.--Within a reasonable time after the
submission of a proposal of an organization of farmers
or ranchers engaged in grazing in a district, subject
to subparagraphs (B) through (F), the Secretary
establish a grazing management district in accordance
with the proposal.
``(B) Funding.--The terms and conditions of the
2000
funding and operation of the grazing management
district shall be proposed by the farmers and ranchers
engaged in grazing in the district.
``(C) Approval.--The Secretary shall approve the
proposal if the Secretary determines that the
proposal--
``(i) is reasonable;
``(ii) will promote sound grazing
practices; and
``(iii) contains provisions similar to the
provisions contained in the beef promotion and
research order issued under section 4 of the
Beef Research and Information Act (7 U.S.C.
2903) in effect on April 4, 1996.
``(D) Area included.--The area proposed to be
included in a grazing management district shall be
determined by the Secretary on the basis of the
proposal submitted by farmers or ranchers under
subparagraph (A).
``(E) Authorization.--The Secretary may use
authority under the Agricultural Adjustment Act (7
U.S.C. 601 et seq.), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, to
operate, on a demonstration basis, a grazing management
district.
``(F) Activities.--The activities of a grazing
management district shall be scientifically sound
activities, as determined by the Secretary in
consultation with a technical advisory committee
composed of farmers, ranchers, and technical experts.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000 for each of fiscal
years 2002 through 2006.''.
(b) Conforming Amendment.--Section 386 of the Federal Agriculture
Improvement and Reform Act of 1996 (16 U.S.C. 2005b) is repealed.
SEC. 217. FARMLAND PROTECTION PROGRAM.
(a) In General.--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--Farmland Protection Program
``SEC. 1238H. DEFINITIONS.
``In this subchapter:
``(1) Eligible land.--
``(A) In general.--The term `eligible land' means
land on a farm or ranch that--
``(i)(I) has prime, unique, or other
productive soil; or
``(II) contains historical or
archaeological resources; and
``(ii) is subject to a pending offer for
purchase from--
``(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; or
``(cc) is described in
section 509(a)(3), and is
controlled by an organization
described in section 509(a)(2),
of that Code.
``(B) Inclusions.--The term `eligible land'
includes--
``(i) cropland;
``(ii) rangeland;
``(iii) grassland;
``(iv) pasture land; and
``(iii) forest land that is part of an
agricultural operation, as determined by the
Secretary.
``(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 farmland
protection program established under section 1238I(a).
``SEC. 1238I. FARMLAND PROTECTION.
``(a) In General.--The Secretary shall establish and carry out a
farmland protection program under which the Secretary shall purchase
conservation easements or other interests in eligible land for the
purpose of protecting topsoil by limiting nonagricultural uses of the
land.
``(b) Conservation Plan.--Any highly erodible cropland for which a
conservation easement or other interest is purchased under this
subchapter shall be subject to the requirements of a conservation plan
that requires, at the option of the Secretary, the conversion of the
cropland to less intensive uses.
``SEC. 1238J. MARKET VIABILITY PROGRAM.
``For each year for which funds are made available to carry out
this subchapter, the Secretary may use not more than $10,000,000 to
provide matching market viability grants and technical assistance to
farm and ranch operators that participate in the program.''.
(b) Funding.--Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) (as amended by section 202) is amended by adding at the
end the following:
``(d) Farmland Protection Program.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out subchapter B
of chapter 2 (including the provision of technical
assistance)--
``(A) $150,000,000 for fiscal year 2002;
``(B) $200,000,000 for each of fiscal years 2003
and 2004;
``(C) $225,000,000 for fiscal year 2005; and
``(D) $250,000,000 for fiscal year 2006.
``(2) Cost sharing.--
``(A) Farmland protection.--
``(i) In general.--The share of the cost of
purchasing a conservation easement or other
interest described in section 1238I(a) provided
under this subsection shall not exceed 50
percent.
``(ii) State and local contributions.--In a
case in which a State or local government
purchases an easement under section 1238I(a),
not more than 25 percent of the share of the
cost of the easement contributed by the State
or local government may be provided--
``(I) by a private landowner; or
``(II) in the form of in-kind goods
or services.
``(B) Market viability contributions.--As a
condition of receiving a grant under section
2000
1238J(a),
a grantee shall provide funds in an amount equal to the
amount of the grant.''.
(c) Conforming Amendment.--
(1) In General.--Section 388 of the Federal Agriculture
Improvement and Reform Act of 1996 (16 U.S.C. 3830 note) is
repealed.
(2) Effect on contracts.--The amendment made by paragraph
(1) shall have no effect on any contract entered into under
section 388 of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 3830 note) that is in effect as of the
date of enactment of this Act.
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. GRASSLAND RESERVE PROGRAM.
``(a) Establishment.--The Secretary, acting through the Natural
Resource Conservation Service, shall establish a grassland reserve
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) In general.--The Secretary shall enroll in the
program, from willing owners, not less than--
``(A) 100 contiguous acres of land west of the 98th
meridian; or
``(B) 40 contiguous acres of land east of the 98th
meridian.
``(2) Maximum enrollment.--The total number of acres
enrolled in the program shall not exceed 2,000,000 acres, of
which not more than 500,000 acres shall be reserved for
enrollment of tracts of native grassland of 40 acres or less.
``(3) Methods of enrollment.--The Secretary shall enroll
land in the program through--
``(A) permanent easements or 30-year easements;
``(B) in a State that imposes a maximum duration
for such an easement, an easement for the maximum
duration allowed under State law; or
``(C) a 30-year rental agreement.
``(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 that
contains shrubs or forb) that is indigenous to the locality;
``(2) land that--
``(A) is located in an area that has been
historically dominated by natural grassland; 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 an easement that applies to the land to the
Secretary;
``(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; and
``(5) to comply with the terms of the easement and
restoration agreement.
``(b) Terms of Easement.--An easement under subsection (a) shall--
``(1) permit--
``(A) grazing on the land in a manner that is
consistent with maintaining the viability of natural
grass, shrub, forb, and wildlife species indigenous to
that locality;
``(B) haying (including haying for seed production)
or mowing, except during the nesting and brood-rearing
seasons for birds in the area that are in significant
decline, as determined by the Natural Resources
Conservation Service State conservationist, or are
protected Federal or State law; 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 support for grazing operations, plant
and animal biodiversity, and grassland and land containing
shrubs or forb under the greatest threat of conversion.
``(d) Restoration Agreements.--
``(1) In general.--The Secretary shall prescribe the terms
by which grassland and shrubland subject to an easement under
an agreement entered into under the program shall be restored.
``(2) Requirements.--The restoration agreement shall
describe the respective duties of the owner and the Secretary
(including paying the share of the cost of restoration provided
by the Secretary and the provision of technical assistance).
``(e) Violations.--
``(1) In general.--On the violation of the terms or
conditions 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, with interest on the payments as
determined appropriate by the Secretary.
``(2) Periodic inspections.--
``(A) In general.--After providing notice to the
owner, the Secretary shall conduct periodic inspections
of land subject to easements under this subchapter to
ensure compliance with the terms of the easement and
restoration agreement.
``(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 a share of the cost of restoration; and
``(3) provide technical assistance to the owner.
``(b) Payment Schedule.--
2000
``(1) Easement Payments.--
``(A) 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--
``(i) in the case of a permanent easement,
the fair market value of the land less the
grazing value of the land encumbered by the
easement; and
``(ii) 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.
``(B) Schedule.--Easement payments may be provided
in not less than 1 payment nor more than 10 annual
payments of equal or unequal amount, as agreed to by
the Secretary and the owner.
``(2) Rental Agreement Payments.--
``(A) Amount.--If an owner enters into a 30-year
rental agreement authorized under section
1238N(b)(3)(C), the Secretary shall make 30 annual
rental payments to the owner in an amount that equals,
to the maximum extent practicable, the 30-year easement
payment amount under paragraph (1)(A)(ii).
``(B) Assessment.--Not less than once every 5 years
throughout the 30-year rental period, the Secretary
shall assess whether the value of the rental payments
under subparagraph (A) equals, to the maximum extent
practicable, the total amount of 30-year easement
payments as of the date of the assessment.
``(C) Adjustment.--If on completion of the
assessment under subparagraph (B), the Secretary
determines that the rental payments do not equal, to
the maximum extent practicable, the value of payments
under a 30-year easement, the Secretary shall adjust
the amount of the remaining payments to equal, to the
maximum extent practicable, the value of a 30-year
easement over the entire 30-year rental period.
``(c) Cost of Restoration.--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 grassland and shrubland
functions and values.
``(d) Technical Assistance.--The Secretary shall provide owners
with technical assistance to execute easement documents and restore the
grassland and shrubland.
``(e) Payments to Others.--If an owner that is entitled to a
payment under this subchapter dies, becomes incompetent, is otherwise
unable to receive the payment, or is succeeded by another person who
renders or completes the required performance, the Secretary shall make
the payment, in accordance with regulations promulgated by the
Secretary and without regard to any other provision of law, in such
manner as the Secretary determines is fair and reasonable in light of
all the circumstances.
``(f) Other Payments.--Easement payments received by an owner under
this subchapter shall be in addition to, and not affect, the total
amount of payments that the owner is otherwise eligible to receive
under other Federal laws.
``(g) 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.''.
(b) Funding.--Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) (as amended by section 217(b)) is amended by adding at the
end the following:
``(e) Grassland Reserve Program.--The Secretary shall use such sums
of the Commodity Credit Corporation as are necessary to carry out
subchapter D of chapter 2 (including the provision of technical
assistance).''.
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, forest, 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;
``(F) a State association of soil and water
conservation districts; and
``(G) land grant colleges and universities;
``(7) other individuals or agency personnel with expertise
in soil, water, wetland, and wildlife or forest management as
the Secretary determines to be appropriate;
``(8) agricultural producers with demonstrable conservation
expertise;
``(9) nonprofit organizations with demonstrable
conservation or forestry expertise;
``(10) persons knowledgeable about conservation or forestry
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 Secretary 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
2000
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 established under subchapter B of chapter 1;
``(3) guidelines for haying or grazing and the control of
weeds to protect nesting wildlife on designated acreage
relating to--
``(A) highly erodible land conservation under
subtitle B;
``(B) wetland conservation under subtitle C; or
``(C) other conservation requirements
``(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 subchapter A of
chapter 2 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.--A person 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 committee.
``(3) Local working groups.--A local working group shall be
considered to be a subcommittee of a State technical committee
established under section 1261.''.
SEC. 220. USE OF SYMBOLS, SLOGANS, AND LOGOS.
Section 356 of the Federal Agriculture Improvement Act of 1996 (16
U.S.C. 5801 et seq.) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) on the written approval of the Secretary, to use,
license, or transfer symbols, slogans, and logos of the
Department;''; and
(2) in subsection (d), by adding at the end the following:
``(3) Use of symbols, slogans, and logos.--
``(A) In general.--The Secretary may authorize the
Foundation to use, license, or transfer symbols,
slogans, and logos of the Department.
``(B) Income.--
``(i) In general.--All revenue received by
the Foundation from the use, licensing, or
transfer of symbols, slogans, and logos of the
Department shall be transferred to the
Secretary.
``(ii) Conservation operations.--The
Secretary shall transfer all revenue received
under clause (i) to the account within the
Natural Resources Conservation Service that is
used to carry out conservation operations.''.
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 of the
funds''; and
(3) by adding at the end the following:
``(h) Certified Institutional Partners.--
``(1) In general.--The Administrator or the Secretary, as
applicable, 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 Administrator 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 c
2000
ertified 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 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 the section heading, by striking ``foreign'';
(2) in subsection (a), by striking ``the recipient country,
or in a country'' and inserting ``1 or more recipient
countries, or 1 or more countries'';
(3) in subsection (b)--
(A) by striking ``in recipient countries, or in
countries'' and inserting ``1 or more recipient
countries, or in 1 or more countries''; and
(B) by striking ``foreign currency'';
(4) 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''; and
(5) 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;
``(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), by inserting ``(including crude
degummed soybean oil)'' 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 determination'';
(3) in subsection (d), by striking ``a United States field
mission'' and inserting ``an eligible organization with an
approved program under this title''; and
(4) by adding at the end the following:
``(e) Timely Approval.--
``(1) In general.--The Administrator shall finalize program
agreements and resource requests for programs under this
section before the beginning of each fiscal year.
``(2) Report.--Not later than December 1 of each year, the
Administrator 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.
``(f) Direct Delivery.--In addition to practices in effect on the
date of enactment of this subsection, the Secretary may approve an
agreement that provides for direct delivery of agricultural commodities
to milling or processing facilities more than 50 percent of the
interest in which is owned by United States citizens in foreign
countries, with the proceeds of transactions transferred in cash to
eligible organizations described in section 202(d) to carry out
approved projects.''.
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''.
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.--Subsection (b) shall apply to sales of
commodities in recipient countries to generate proceeds to
carry out projects under--
``(A) section 416(b) of the Agricultural Act of
1949 (7 U.S.C. 1431(b)); and
``(B) title VIII of the Agricultural Trade Act of
1978.
``(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 a reasonable market price in the
economy where the commodity is to be sold, as determined by the
Secretary or the Administrator, as appropriate.''.
SEC. 310.
2000
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 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 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.'';
(2) in the first sentence of subsection (c)--
(A) by striking ``the pilot program, whole'' and
inserting ``a program,'';
(B) by striking ``the pilot program may'' and
inserting ``a program may''; and
(C) by striking ``including'' and inserting ``such
as''; and
(3) in subsection (d), by striking ``2002'' and inserting
``2006''.
SEC. 313. 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''.
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 ``180'' 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) Report.--Section 202 of the Agricultural Trade Act of 1978 (7
U.S.C. 5622) is amended by adding at the end the following:
``(l) 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.''.
(d) 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''.
SEC. 322. MARKET ACCESS PROGRAM.
(a) In General.--Section 211(c) of the Agricultural Trade Act of
1978 (7 U.S.C. 5641(c)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking ``The Commodity'' and inserting the
following:
``(1) In general.--The Commodity'';
(3) by striking subparagraph (A) (as so redesignated) and
inserting the following:
``(A) in addition to any funds that may be
specifically appropriated to implement a market access
program, not more than $100,000,000 for fiscal year
2002, $120,000,000 for fiscal year 2003, $140,000,000
for fiscal year 2004, $160,000,000 for fiscal year
2005, and $190,000,000 for fiscal year 2006, of the
funds of, or an equal value of commodities owned by,
the Commodity Credit Corporation, except that this
paragraph shall not apply to section 203(h); and''; and
(4) by adding at the end the following:
``(2) Program Priorities.--Of funds made available under
paragraph (1)(A) in excess of $90,000,000 for any fiscal year,
priority shall be given to proposals--
``(A) made by eligible trade organizations that
have never participated in the market access program
under this title; or
``(B) for market access programs in emerging
markets.''.
(b) United States Quality Export Initiative.--
(1) Findings.--Congress finds that--
(A) the market access program established under
section 203 of the Agricultural Trade Act of 1978 (7
U.S.C. 5623) and foreign market development cooperator
program established under title VII of that Act (7
U.S.C. 7251 et seq.) target generic and value-added
agricultural products, with little emphasis on the high
quality of United States agricultural products; and
(B) new promotional tools are needed to enable
United States agricultural products to compete in
higher margin, international markets on the basis of
quality.
(2) Initiative.--Section 203 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5623) is amended by adding at the end the
following:
``(h) United States Quality Export Initiative.--
``(1) In general.--Subject to the availability of
appropriations, using the authorities under this section, the
Secretary shall establish a program under which, on a
competitive basis, using practical and objective criteria,
several agricultural products are selected to carry the `U.S.
Quality' seal.
``(2) Promotional activities.--Agricultural products
selected under paragraph (1) shall be promoted using the `U.S.
Quality' seal at trade fairs in key markets through electronic
and print media.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
SEC. 323. EXPORT ENHANCEMENT PROGRAM.
(a) In General.--Section 301(e)(1)(G) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5651(e)(1)(G)) is amended by striking ``fiscal year
2002'' and inserting ``each of fiscal years 2002 through 2006''.
(b) Unfair Trade Practices.--Section 102(5)(A) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5602(5)(A)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``, including, in the case of a state trading
enterprise engaged in the export of an a
2000
gricultural commodity,
pricing practices that are not consistent with sound commercial
practices conducted in the ordinary course of trade; or''; and
(3) by adding at the end the following:
``(iii) changes United States export terms
of trade through a deliberate change in the
dollar exchange rate of a competing
exporter.''.
SEC. 324. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
Section 703 of the Agricultural Trade Act of 1978 (7 U.S.C. 5723)
is amended to read as follows:
``SEC. 703. FUNDING.
``(a) In General.--To carry out this title, the Secretary shall use
funds of the Commodity Credit Corporation, or commodities of the
Commodity Credit Corporation of a comparable value, in the following
amounts:
``(1) For fiscal year 2002, $37,500,000.
``(2) For fiscal year 2003, $40,000,000.
``(3) For fiscal year 2004 and each subsequent fiscal year,
$42,500,000.
``(b) Program Priorities.--Of funds or commodities provided under
subsection (a) in excess of $35,000,000 for any fiscal year, priority
shall be given to proposals--
``(1) made by eligible trade organizations that have never
participated in the program established under this title; or
``(2) for programs established under this title in emerging
markets.''.
SEC. 325. FOOD FOR PROGRESS AND EDUCATION PROGRAMS.
(a) In General.--The Agricultural Trade Act of 1978 (7 U.S.C. 5601
et seq.) is amended by adding at the end the following:
``TITLE VIII--FOOD FOR PROGRESS AND EDUCATION PROGRAMS
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Cooperative.--The term `cooperative' means a private
sector organization the members of which--
``(A) own and control the organization;
``(B) share in the profits of the organization; and
``(C) are provided services (such as business
services and outreach in cooperative development) by
the organization.
``(2) Corporation.--The term `Corporation' means the
Commodity Credit Corporation.
``(3) Developing country.--The term `developing country'
means a foreign country that has--
``(A) a shortage of foreign exchange earnings; and
``(B) difficulty meeting all of the food needs of
the country through commercial channels and domestic
production.
``(4) Eligible commodity.--The term `eligible commodity'
means an agricultural commodity (including vitamins and
minerals) acquired by the Secretary or the Corporation for
disposition in a program authorized under this title through--
``(A) commercial purchases; or
``(B) inventories of the Corporation.
``(5) Eligible organization.--The term `eligible
organization' means a private voluntary organization,
cooperative, nongovernmental organization, or foreign country,
as determined by the Secretary.
``(6) Emerging agricultural country.--The term `emerging
agricultural country' means a foreign country that--
``(A) is an emerging democracy; and
``(B) has made a commitment to introduce or expand
free enterprise elements in the agricultural economy of
the country.
``(7) Food security.--The term `food security' means access
by all people at all times to sufficient food and nutrition for
a healthy and productive life.
``(8) Nongovernmental organization.--
``(A) In general.--The term `nongovernmental
organization' means an organization that operates on a
local level to solve development problems in a foreign
country in which the organization is located.
``(B) Exclusion.--The term `nongovernmental
organization' does not include an organization that is
primarily an agency or instrumentality of the
government of a foreign country.
``(9) Private voluntary organization.--The term `private
voluntary organization' means a nonprofit, nongovernmental
organization that--
``(A) receives--
``(i) funds from private sources; and
``(ii) voluntary contributions of funds,
staff time, or in-kind support from the public;
``(B) is engaged in or is planning to engage in
nonreligious voluntary, charitable, or development
assistance activities; and
``(C) in the case of an organization that is
organized under the laws of the United States or a
State, is an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is
exempt from taxation under section 501(a) of that Code.
``(10) Program.--The term `program' means a food or
nutrition assistance or development initiative proposed by an
eligible organization and approved by the Secretary under this
title.
``(11) Recipient country.--The term `recipient country'
means an emerging agricultural country that receives assistance
under a program.
``SEC. 802. FOOD FOR PROGRESS AND EDUCATION PROGRAMS.
``(a) In General.--To provide agricultural commodities to support
the introduction or expansion of free trade enterprises in national
economies in recipient countries, and to provide food or nutrition
assistance in recipient countries, the Secretary shall establish food
for progress and education programs under which the Secretary may enter
into agreements (including multiyear agreements and for programs in
more than 1 country) with--
``(1) the governments of emerging agricultural countries;
``(2) private voluntary organizations;
``(3) nonprofit agricultural organizations and
cooperatives;
``(4) nongovernmental organizations; and
``(5) other private entities.
``(b) Considerations.--In determining whether to enter into an
agreement to establish a program under subsection (a), the Secretary
shall take into consideration whether an emerging agricultural country
is committed to carrying out, or is carrying out, policies that
promote--
``(1) economic freedom;
``(2) private production of food commodities for domestic
consumption; and
``(3) the creation and expansion of efficient domestic
markets for the purchase and sale of those commodities.
``(c) International Food for Education and Nutrition Program.--
``(1) In general.--In cooperation with other countries, the
Secretary shall establish an initiative within the food for
progress and education programs under this title to be known as
the `International Food for Education and Nutrition Program',
through which the Secretary may provide to eligible
organizations agricultural commodities and technical and
nutritional assistance in connection with education programs to
improve food security and enhance educational opportunities for
preschool age and primary school age children in recipient
countries.
``(2) Agreements.--In carrying out this subsection, the
Secretary--
``(A) shall administer the programs under this
subsection in manner that is consistent with this
title; and
``(B) may enter into agreements with eligible
organizations--
``(i) to purchase, acquire, and donate
2000
eligible commodities to eligible organizations
to carry out agreements in recipient countries;
and
``(ii) to provide technical and nutritional
assistance to carry out agreements in recipient
countries.
``(3) Other donor countries.--The Secretary shall encourage
other donor countries, directly or through eligible
organizations--
``(A) to donate goods and funds to recipient
countries; and
``(B) to provide technical and nutritional
assistance to recipient countries.
``(4) Private sector.--The President and the Secretary are
urged to encourage the support and active involvement of the
private sector, foundations, and other individuals and
organizations in programs and activities assisted under this
subsection.
``(5) Graduation.--An agreement with an eligible
organization under this subsection shall include provisions--
``(A)(i) to sustain the benefits to the education,
enrollment, and attendance of children in schools in
the targeted communities when the provision of
commodities and assistance to a recipient country under
the program under this subsection terminates; and
``(ii) to estimate the period of time required
until the recipient country or eligible organization is
able to provide sufficient assistance without
additional assistance under this subsection; or
``(B) to provide other long-term benefits to
targeted populations of the recipient country.
``(6) Annual report.--The Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate an annual report that describes--
``(A) the results of the implementation of this
subsection during the year covered by the report,
including the impact on the enrollment, attendance, and
performance of children in preschools and primary
schools targeted under the program under this
subsection; and
``(B) the level of commitments by, and the
potential for obtaining additional goods and assistance
from, other countries for subsequent years.
``(d) Terms.--
``(1) In general.--The Secretary may provide agricultural
commodities under this title on--
``(A) a grant basis; or
``(B) subject to paragraph (2), credit terms.
``(2) Credit terms.--Payment for agricultural commodities
made available under this title that are purchased on credit
terms shall be made on the same basis as payments made under
section 103 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1703).
``(3) No effect on domestic programs.--The Secretary shall
not make an agricultural commodity available for disposition
under this section in any amount that will reduce the amount of
the commodity that is traditionally made available through
donations to domestic feeding programs or agencies, as
determined by the Secretary.
``(e) Reports.--Each eligible organization that enters into an
agreement under this title shall submit to the Secretary, at such time
as the Secretary may request, a report containing such information as
the Secretary may request relating to the use of agricultural
commodities and funds provided to the eligible organization under this
title.
``(f) Coordination.--To ensure that the provision of commodities
under this section is coordinated with and complements other foreign
assistance provided by the United States, assistance under this section
shall be coordinated through the mechanism designated by the President
to coordinate assistance under the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1691 et seq.).
``(g) Quality Assurance.--
``(1) In general.--The Secretary shall ensure, to the
maximum extent practicable, that each eligible organization
participating in 1 or more programs under this section--
``(A) uses eligible commodities made available
under this title--
``(i) in an effective manner;
``(ii) in the areas of greatest need; and
``(iii) in a manner that promotes the
purposes of this title;
``(B) in using eligible commodities, assesses and
takes into account the needs of recipient countries and
the target populations of the recipient countries;
``(C) works with recipient countries, and
indigenous institutions or groups in recipient
countries, to design and carry out mutually acceptable
programs authorized in subsection (h)(2)(C)(i);
``(D) monitors and reports on the distribution or
sale of eligible commodities provided under this title
using methods that, as determined by the Secretary,
facilitate accurate and timely reporting;
``(E) periodically evaluates the effectiveness of
the program of the eligible organization, including, as
applicable, an evaluation of whether the development or
food and nutrition purposes of the program can be
sustained in a recipient country if the assistance
provided to the recipient country is reduced and
eventually terminated; and
``(F) considers means of improving the operation of
the program of the eligible organization.
``(2) Certified institutional partners.--
``(A) In general.--The Secretary shall promulgate
regulations and guidelines to permit private voluntary
organizations and cooperatives to be certified as
institutional partners.
``(B) Requirements.--To become a certified
institutional partner, a private voluntary organization
or cooperative shall submit to the Secretary a
certification of organizational capacity that
describes--
``(i) the financial, programmatic,
commodity management, and auditing abilities
and practices of the organization or
cooperative; and
``(ii) the capacity of the organization or
cooperative to carry out projects in particular
countries.
``(C) Multicountry proposals.--A certified
institutional partner shall be eligible to--
``(i) submit a single proposal for 1 or
more countries that are the same as, or similar
to, those countries in which the certified
institutional partner has already demonstrated
organizational capacity;
``(ii) receive expedited review and
approval of the proposal; and
``(iii) request commodities and assistance
under this section for use in 1 or more
countries.
``(D) Multiyear agreements.--In carrying out this
title, on
2000
request and subject to the availability of
commodities, the Secretary is encouraged to approve
agreements that provide for commodities to be made
available for distribution on a multiyear basis, if the
agreements otherwise meet the requirements of this
title.
``(h) Transshipment and Resale.--
``(1) In general.--The transshipment or resale of an
eligible commodity to a country other than a recipient country
shall be prohibited unless the transshipment or resale is
approved by the Secretary.
``(2) Monetization.--
``(A) In general.--Subject to subparagraphs (B)
through (D), an eligible commodity provided under this
section may be sold for foreign currency or United
States dollars or bartered, with the approval of the
Secretary.
``(B) Sale or barter of food assistance.--The sale
or barter of eligible commodities under this title may
be conducted only within (as determined by the
Secretary)--
``(i) a recipient country or country nearby
to the recipient country; or
``(ii) another country, if--
``(I) the sale or barter within the
recipient country or nearby country is
not practicable; and
``(II) the sale or barter within
countries other than the recipient
country or nearby country will not
disrupt commercial markets for the
agricultural commodity involved.
``(C) Humanitarian or development purposes.--The
Secretary may authorize the use of proceeds or
exchanges to reimburse, within a recipient country or
other country in the same region, the costs incurred by
an eligible organization for--
``(i)(I) programs targeted at hunger and
malnutrition; or
``(II) development programs involving food
security or education;
``(ii) transportation, storage, and
distribution of eligible commodities provided
under this title; and
``(iii) administration, sales, monitoring,
and technical assistance.
``(D) Exception.--The Secretary shall not approve
the use of proceeds described in subparagraph (C) to
fund any administrative expenses of a foreign
government.
``(E) Private sector enhancement.--As appropriate,
the Secretary may provide eligible commodities under
this title in a manner that uses commodity transactions
as a means of developing in the recipient countries a
competitive private sector that can provide for the
importation, transportation, storage, marketing, and
distribution of commodities.
``(i) Displacement of Commercial Sales.--In carrying out this
title, the Secretary shall, to the maximum extent practicable
consistent with the purposes of this title, avoid--
``(1) displacing any commercial export sale of United
States agricultural commodities that would otherwise be made;
``(2) disrupting world prices of agricultural commodities;
or
``(3) disrupting normal patterns of commercial trade of
agricultural commodities with foreign countries.
``(j) Deadline for Program Announcements.--
``(1) In general.--Before the beginning of the applicable
fiscal year, the Secretary shall, to the maximum extent
practicable--
``(A) make all determinations concerning program
agreements and resource requests for programs under
this title; and
``(B) announce those determinations.
``(2) Report.--Not later than November 1 of the applicable
fiscal year, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a list of
programs, countries, and commodities, and the total amount of
funds for transportation and administrative costs, approved to
date under this title.
``(k) Military Distribution of Assistance.--
``(1) In general.--The Secretary shall ensure, to the
maximum extent practicable, that agricultural commodities made
available under this title are provided without regard to--
``(A) the political affiliation, geographic
location, ethnic, tribal, or religious identity of the
recipient; or
``(B) any other extraneous factors, as determined
by the Secretary.
``(2) Prohibition on handling of commodities by the
military.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall not enter into an
agreement under this title to provide agricultural
commodities if the agreement requires or permits the
distribution, handling, or allocation of agricultural
commodities by the military forces of any foreign
government or insurgent group.
``(B) Exception.--The Secretary may authorize the
distribution, handling, or allocation of commodities by
the military forces of a country in exceptional
circumstances in which--
``(i) nonmilitary channels are not
available for distribution, handling, or
allocation;
``(ii) the distribution, handling, or
allocation is consistent with paragraph (1);
and
``(iii) the Secretary determines that the
distribution, handling, or allocation is
necessary to meet the emergency health, safety,
or nutritional requirements of the population
of a recipient country.
``(3) Encouragement of safe passage.--In entering into an
agreement under this title that involves 1 or more areas within
a recipient country that is experiencing protracted warfare or
civil unrest, the Secretary shall, to the maximum extent
practicable, encourage all parties to the conflict to--
``(A) permit safe passage of the commodities and
other relief supplies; and
``(B) establish safe zones for--
``(i) medical and humanitarian treatment;
and
``(ii) evacuation of injured persons.
``(l) Level of Assistance.--The cost of commodities made available
under this title, and the expenses incurred in connection with the
provision of those commodities shall be in addition to the level of
assistance provided under the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1691 et seq.).
``(m) Commodity Credit Corporation.--
``(1) In general.--Subject to paragraphs (6) through (8),
the Secretary may use the funds, facilities, and authorities of
the Corporation to carry out this title.
``(2) Minimum tonnage.--Subject to paragraphs (5) and
2000
(7)(B), not less than 400,000 metric tons of commodities may be
provided under this title for each of fiscal years 2002 through
2006.
``(3) Authorization of appropriations.--In addition to
tonnage authorized under paragraph (2), there are authorized to
be appropriated such sums as are necessary to carry out this
title.
``(4) Title i funds.--In addition to tonnage and funds
authorized under paragraphs (2), (3), and (7)(B), the
Corporation may use funds appropriated to carry out title I of
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1701 et seq.)) in carrying out this section with
respect to commodities made available under this title.
``(5) International food for education and nutrition
program.--
``(A) In general.--Of the funds that would be
available to carry out paragraph (2), the Secretary may
use not more than $200,000,000 for each fiscal year to
carry out the initiative established under subsection
(c).
``(B) Reallocation.--Tons not allocated under
subsection (c) by June 30 of each fiscal year shall be
made available for proposals submitted under the food
for progress and education programs under subsection
(a).
``(6) Limitation on purchases of commodities.--The
Corporation may purchase agricultural commodities for
disposition under this title only if Corporation inventories
are insufficient to satisfy commitments made in agreements
entered into under this title.
``(7) Eligible costs and expenses.--
``(A) In general.--Subject to subparagraph (B),
with respect to an eligible commodity made available
under this title, the Corporation may pay--
``(i) the costs of acquiring the eligible
commodity;
``(ii) the costs associated with packaging,
enriching, preserving, and fortifying of the
eligible commodity;
``(iii) the processing, transportation,
handling, and other incidental costs incurred
before the date on which the commodity is
delivered free on board vessels in United
States ports;
``(iv) the vessel freight charges from
United States ports or designated Canadian
transshipment ports, as determined by the
Secretary, to designated ports of entry abroad;
``(v) the costs associated with
transporting the eligible commodity from United
States ports to designated points of entry
abroad in a case in which--
``(I) a recipient country is
landlocked;
``(II) ports of a recipient country
cannot be used effectively because of
natural or other disturbances;
``(III) carriers to a specific
country are unavailable; or
``(IV) substantial savings in costs
or time may be gained by the use of
points of entry other than ports;
``(vi) the transportation and associated
distribution costs incurred in moving the
commodity (including repositioned commodities)
from designated points of entry or ports of
entry abroad to storage and distribution sites;
``(vii) in the case of an activity under
subsection (c), the internal transportation,
storage, and handling costs incurred in moving
the eligible commodity, if the Secretary
determines that payment of the costs is
appropriate and that the recipient country is a
low income, net food-importing country that--
``(I) meets the poverty criteria
established by the International Bank
for Reconstruction and Development for
Civil Works Preference; and
``(II) has a national government
that is committed to or is working
toward, through a national action plan,
the World Declaration on Education for
All convened in 1990 in Jomtien,
Thailand, and the followup Dakar
Framework for Action of the World
Education Forum in 2000;
``(viii) the charges for general average
contributions arising out of the ocean
transport of commodities transferred; and
``(ix) the costs, in addition to costs
authorized by clauses (i) through (viii), of
providing--
``(I) assistance in the
administration, sale, and monitoring of
food assistance activities under this
title; and
``(II) technical assistance for
monetization programs.
``(B) Funding.--Except for costs described in
subparagraph (A)(i), not more than $80,000,000 of funds
that would be made available to carry out paragraph (2)
may be used to cover costs under this paragraph unless
authorized in advance in an appropriation Act.
``(8) Payment of administrative costs.--An eligible
organization that receives payment for administrative costs
through monetization of the eligible commodity under subsection
(h)(2) shall not be eligible to receive payment for the same
administrative costs through direct payments under paragraph
(7)(A)(ix)(I).''.
(b) Conforming Amendments.--
(1) Section 416(b)(7)(D)(iii) of the Agricultural Act of
1949 (7 U.S.C. 1431(b)(7)(D)(iii)) is amended by striking ``the
Food for Progress Act of 1985'' and inserting ``title VIII of
the Agricultural Trade Act of 1978''.
(2) The Act of August 19, 1958 (7 U.S.C. 1431 note; Public
Law 85-683) is amended by striking ``the Food for Progress Act
of 1985'' and inserting ``title VIII of the Agricultural Trade
Act of 1978''.
(3) Section 1110 of the Food Security Act of 1985 (7 U.S.C.
1736o) is repealed.
SEC. 326. EXPORTER ASSISTANCE INITIATIVE.
(a) Findings.--Congress find that--
(1) information in the possession of Federal agencies other
than the Department of Agriculture that is necessary for the
export of agricultural commodities and products is available
only from multiple disparate sources; and
(2) because exporters often need access to information
quickly, exporters lack the time to search multiple sources to
access necessary information, and exporters often are unaware
of where the necessary information can be located.
(b) Init
2000
iative.--Title I of the Agricultural Trade Act of 1978 (7
U.S.C. 5601 et seq.) is amended by adding at the end the following:
``SEC. 107. EXPORTER ASSISTANCE INITIATIVE.
``(a) In General.--In order to create a single source of
information for exports of United States agricultural commodities, the
Secretary shall develop a website on the Internet that collates onto a
single website all information from all agencies of the Federal
Government that is relevant to the export of United States agricultural
commodities.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (a)--
``(1) $1,000,000 for each of fiscal years 2002 through
2004; and
``(2) $500,000 for each of fiscal years 2005 and 2006.''.
Subtitle C--Miscellaneous Agricultural Trade Provisions
SEC. 331. BILL EMERSON HUMANITARIAN TRUST.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1) is amended by striking ``2002'' each place it appears in
subsection (b)(2)(B)(i) and paragraphs (1) and (2) of subsection (h)
and inserting ``2006''.
SEC. 332. EMERGING MARKETS.
Section 1542 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is amended by striking
``2002'' each place it appears in subsections (a) and (d)(1)(A)(i) and
inserting ``2006''.
SEC. 333. BIOTECHNOLOGY AND AGRICULTURAL TRADE PROGRAM.
Section 1542 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is amended by adding
at the end the following:
``(g) Biotechnology and Agricultural Trade Program.--
``(1) In general.--The Secretary of Agriculture shall
establish a program to enhance foreign acceptance of
agricultural biotechnology and United States agricultural
products developed through biotechnology.
``(2) Focus.--The program shall address the continuing and
increasing market access, regulatory, and marketing issues
relating to export commerce of United States agricultural
biotechnology products.
``(3) Education and outreach.--
``(A) Foreign markets.--Support for United States
agricultural market development organizations to carry
out education and other outreach efforts concerning
biotechnology shall target such educational initiatives
directed toward--
``(i) producers, buyers, consumers, and
media in foreign markets through initiatives in
foreign markets; and
``(ii) government officials, scientists,
and trade officials from foreign countries
through exchange programs.
``(B) Funding for education and outreach.--Funding
for activities under subparagraph (A) may be--
``(i) used through--
``(I) the emerging markets program
under this section; or
``(II) the Cochran Fellowship
Program under section 1543; or
``(ii) applied directly to foreign market
development cooperators through the foreign
market development cooperator program
established under section 702.
``(4) Rapid response.--
``(A) In general.--The Secretary shall assist
exporters of United States agricultural commodities in
cases in which the exporters are harmed by unwarranted
and arbitrary barriers to trade due to--
``(i) marketing of biotechnology products;
``(ii) food safety;
``(iii) disease; or
``(iv) other sanitary or phytosanitary
concerns.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,000,000 for each of fiscal years 2002
through 2006.
``(5) Funding.--
``(A) Commodity credit corporation.--The Secretary
shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out this
subsection (other than paragraph (4)).
``(B) Funding amount.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this subsection (other than
paragraph (4)) $15,000,000 for each of fiscal years
2002 through 2006.''.
SEC. 334. 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''; and
(B) 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 by striking
``(8)(A)'' and all that follows through ``(B) The Secretary'' and
inserting the following:
``(8) Administrative provisions.--
``(A) Direct delivery.--In addition to practices in
effect on the date of enactment of this subparagraph,
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 the proceeds of transactions
transferred in cash to eligible organizations to carry
out approved projects.
``(B) Regulations.--The Secretary''.
(c) Certified Institutional Partners.--Section 416 of the
Agricultural Act of 1949 (7 U.S.C. 1431) is amended by adding at the
end the following:
``(c) 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;
2000
``(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. 335. AGRICULTURAL TRADE WITH CUBA.
(a) In General.--Section 908 of the Agriculture, Rural Development,
Food and Drug Administration and Related Agencies Appropriations Act,
2001 (22 U.S.C. 7207), is amended by striking subsection (b).
(b) Conforming Amendments.--Section 908(a) of the Agriculture,
Rural Development, Food and Drug Administration and Related Agencies
Appropriations Act, 2001 (22 U.S.C. 7207(a)) (as amended by subsection
(a)), is amended--
(1) by striking ``(a)'' and all that follows through
``Notwithstanding'' and inserting the following:
``(a) In General.--Notwithstanding'';
(2) by striking ``(2) Rule of construction.--Nothing in
paragraph (1)'' and inserting the following:
``(b) Rule of Construction.--Nothing in subsection (a)''; and
(3) by striking ``(3) Waiver.--The President may waive the
application of paragraph (1)'' and inserting the following:
``(c) Waiver.--The President may waive the application of
subsection (a)''.
SEC. 336. SENSE OF CONGRESS CONCERNING AGRICULTURAL TRADE.
(a) Agriculture Trade Negotiating Objectives.--It is the sense of
Congress that the principal negotiating objective of the United States
with respect to agricultural trade in all multilateral, regional, and
bilateral negotiations is to obtain competitive opportunities for the
export of United States agricultural commodities 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 agricultural 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 the export
of United States agricultural commodities, giving priority to
United States agricultural commodities that are subject to
significantly higher tariffs or subsidy regimes of major
producing countries;
(2) immediately eliminating all export subsidies on
agricultural commodities worldwide while maintaining bona fide
food aid and preserving United States agricultural market
development and export credit programs that allow the United
States to compete with other foreign export promotion efforts;
(3) leveling the playing field for United States
agricultural producers by disciplining domestic supports such
that no other country can provide greater support, measured as
a percentage of total agricultural production value, than the
United States does while preserving existing green box category
to support conservation activities, family farms, and rural
communities;
(4) developing, strengthening, and clarifying rules and
effective dispute settlement mechanisms to eliminate practices
that unfairly decrease United States market access
opportunities for United States agricultural commodities 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--
(i) requiring price transparency in the
operation of state trading enterprises and such
other mechanisms; and
(ii) ending discriminatory pricing
practices for agricultural commodities that
amount to de facto export subsidies so that the
enterprises or other mechanisms do not (except
in cases of bona fide food aid) sell
agricultural commodities in foreign markets at
prices below domestic market prices or prices
below the full costs of acquiring and
delivering agricultural commodities to the
foreign markets;
(B) unjustified trade restrictions or commercial
requirements affecting new agricultural technologies,
including biotechnology;
(C) unjustified sanitary or phytosanitary
restrictions, including restrictions that are not based
on scientific principles, in contravention of the
Agreement on the Application of Sanitary and
Phytosanitary Measures (as described in section
101(d)(3) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(3)));
(D) other unjustified technical barriers to
agricultural trade; and
(E) restrictive and nontransparent rules in the
administration of tariff rate quotas;
(5) improving import relief mechanisms to recognize the
unique characteristics of perishable agricultural commodities;
(6) taking into account whether a party to negotiations
with respect to trading in an agricultural commodity has--
(A) failed to adhere to the provisions of an
existing bilateral trade agreement with the United
States;
(B) circumvented obligations under a multilateral
trade agreement to which the United States is a
signatory; or
(C) manipulated its currency value to the detriment
of United States agricultural producers or exporters;
and
(7) 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.
(b) Priority for Agriculture Trade.--It is the sense of Congress
that--
(1) reaching a successful agreement on agriculture should
be the top priority of United States negotiators in World Trade
Organization talks; and
(2) if the primary export competitors of the United States
fail to reduce their trade distorting domestic supports and
eliminate export subsidies in accordance with the negotiating
objectives expressed in this section, the United States should
take steps to increase the leverage of United States
negotiators and level the playing field for United States
producers, within existing World Trade Organization
commitments.
(c) Consultation with Congressional Committees.--It is the sense of
Congress that--
(1) before the United States Trade Representative
negotiates a trade agreement that would reduce tariffs on
agricultural commodities or require a change in United States
agricultural law, the United States Trade Representative should
consult with the Committee on Agriculture and the Committee on
Ways and Means of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry and the
Committee on Finance of the Senate;
(2) not less than 48 hours before initialing an agreement
relating to agricultural trade negotiated under the auspices of
the World Trade Organization, the United States Trade
Representative should consult closely with the committees
referred to in paragraph (1) regarding--
(A) the details of the agreement;
(B) the potential impact of the agreement on United
2000
States agricultural producers; and
(C) any changes in United States law necessary to
implement the agreement; and
(3) any agreement or other understanding (whether verbal or
in writing) that relates to agricultural trade that is not
disclosed to Congress before legislation implementing a trade
agreement is introduced in either the Senate or the House of
Representatives should not be considered to be part of the
agreement approved by Congress and should have no force and
effect under Unites States law or in any dispute settlement
body.
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 (6).''; and
(2) by adding at the end the following:
``(n) State Options To Simplify Determination of Child Support
Payments Made by Household Members.--
``(1) In general.--Regardless of whether a State agency
elects to provide a deduction under subsection (e)(4), the
Secretary shall establish simplified procedures to allow State
agencies, 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, 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 assistance 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 assistance,
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, child support payments made
to a household member by an individual who is legally obligated
to make the payments, or such other types of income the
consideration of which the Secretary determines by regulation
to be essential to equitable determinations of eligibility and
benefit levels''.
SEC. 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) 8.25 percent for fiscal year 2008;
``(iii) 8.5 percent for each of fiscal
years 2009 and 2010; and
``(iv) 9 percent for fiscal year 2011 and
each fiscal year thereafter.
``(E) Minimum deduction.--The minimum deduction
shall be $134, $229, $189, $269, and $118 for the 48
contiguous States and the District of Columbia, Alaska,
Hawaii, Guam, and the Virgin Islands of the United
2000
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 DETERMINATION OF DEDUCTIONS.
Section 5(f)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(f)(1))
(as amended by section 416) is amended by adding at the end the
following:
``(D) Simplified determination of deductions.--
``(i) In general.--Except as provided in
clause (ii), for the purposes of subsection
(e), a State agency may elect to disregard
until the next redetermination of eligibility
under section 11(e)(4) 1 or more types of
changes in the circumstances of a household
that affect the amount of deductions the
household may claim under subsection (e).
``(ii) Changes that may not be
disregarded.--Under clause (i), a State agency
may not disregard--
``(I) any reported change of
residence; or
``(II) under standards prescribed
by the Secretary, any change in earned
income.''.
SEC. 418. SIMPLIFIED DEFINITION OF RESOURCES.
Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is
amended by adding at the end the following:
``(6) Exclusion of types of financial resources not
considered under certain other federal programs.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall promulgate regulations under which a
State agency may, at the option of the State agency,
exclude from financial resources under this subsection
any types of financial resources that the State agency
does not consider when determining eligibility for--
``(i) cash assistance under a program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.); or
``(ii) medical assistance under section
1931 of the Social Security Act (42 U.S.C.
1396u-1).
``(B) Limitations.--Subparagraph (A) does not
authorize a State agency to exclude--
``(i) cash;
``(ii) 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. 419. 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. 420. 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 ``on a monthly
basis''; and
(2) by adding at the end the following:
``(D) Frequency of reporting.--
``(i) In general.--Excep
2000
t 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. 421. 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)--
(i) by striking ``subsection (d)(4),'' and
inserting ``subsection (d)(4)''; and
(ii) by striking the period at the end and
inserting ``; 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''; and
(B) by striking ``3'' and inserting ``6'';
(3) by striking paragraph (5) and inserting the following:
``(5) Eligibility of individuals while meeting work
requirement.--Notwithstanding paragraph (2), an individual who
would otherwise be ineligible under that paragraph shall be
eligible to participate in the food stamp program during any
period in which the individual meets the work requirement of
subparagraph (A), (B), or (C) of that paragraph.''; and
(4) 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).
(b) Implementation of Amendments.--For the purpose of implementing
the amendments made by subsection (a), a State agency shall disregard
any period during which an individual received food stamp benefits
before the effective date of this title.
SEC. 422. 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 State agency beginning on the date on which
the State agency, after the date of enactment of this Act, enters into
a contract to operate an electronic benefit transfer system.
SEC. 423. COST NEUTRALITY FOR ELECTRONIC BENEFIT TRANSFER SYSTEMS.
Section 7(i)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2016(i)(2))
is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (I) as
subparagraphs (A) through (H), respectively.
SEC. 424. 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 (B), (C), (D), or (E) of section 3(i)(5) may be
determined and issued under this subsection in lieu of
subsection (a).
``(2) Amount of allotment.--The allotment for each eligible
resident described in paragraph (1) shall be calculated in
accordance with standardized procedures established by the
Secretary that take into account the allotments typically
received by residents of facilities described in paragraph (1).
``(3) Issuance of allotment.--
``(A) In general.--The State agency shall issue an
allotment determined under this subsection to the
administration of a facility described in paragraph (1)
as the authorized representative of the residents of
the facility.
``(B) Adjustment.--The Secretary shall establish
procedures to ensure that a facility described in
paragraph (1) does not receive a greater proportion of
a resident's monthly allotment than the proportion of
the month during which the resident lived in the
facility.
``(4) Departures of covered residents.--
``(A) Notification.--Any facility described in
paragraph (1) that receives an allotment for a resident
under this subsection shall--
``(i) notify the State agency promptly on
the departure of the resident; and
``(ii) notify the resident, before the
departure of the resident, that the resident--
``(I) is eligible for continued
benefits under the food stamp program;
and
``(II) should contact the State
agency concerning continuation of the
benefits.
``(B) Issuance to departed residents.--On receiving
a notification under subparagraph (A)(i) concerning the
departure of a resident, the State agency--
``(i) shall promptly issue the departed
2000
resident an allotment for the days of the month
after the departure of the resident (calculated
in a manner prescribed by the Secretary) unless
the departed resident reapplies to participate
in the food stamp program; and
``(ii) may issue an allotment for the month
following the month of the departure (but not
any subsequent month) based on this subsection
unless the departed resident reapplies to
participate in the food stamp program.
``(C) State option.--The State agency may elect not
to issue an allotment under subparagraph (B)(i) if the
State agency lacks sufficient information on the
location of the departed resident to provide the
allotment.
``(D) Effect of reapplication.--If the departed
resident reapplies to participate in the food stamp
program, the allotment of the departed resident shall
be determined without regard to this subsection.''.
(b) Conforming Amendments.--
(1) Section 3(i) of the Food Stamp Act of 1977 (7 U.S.C.
2012(i)) is amended--
(A) by striking ``(i) `Household' means (1) an''
and inserting the following:
``(i)(1) `Household' means--
``(A) an'';
(B) in the first sentence, by striking ``others, or
(2) a group'' and inserting the following: ``others; or
``(B) a group'';
(C) in the second sentence, by striking ``Spouses''
and inserting the following:
``(2) Spouses'';
(D) in the third sentence, by striking
``Notwithstanding'' and inserting the following:
``(3) Notwithstanding'';
(E) in paragraph (3) (as designated by subparagraph
(D)), by striking ``the preceding sentences'' and
inserting ``paragraphs (1) and (2)'';
(F) in the fourth sentence, by striking ``In no
event'' and inserting the following:
``(4) In no event'';
(G) in the fifth sentence, by striking ``For the
purposes of this subsection, residents'' and inserting
the following:
``(5) For the purposes of this subsection, the following persons
shall not be considered to be residents of institutions and shall be
considered to be individual households:
``(A) Residents''; and
(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. 425. 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. 426. SIMPLIFIED DETERMINATIONS OF CONTINUING ELIGIBILITY.
(a) In General.--Section 11(e) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4)(A) that the State agency shall periodically require
each household to cooperate in a redetermination of the
eligibility of the household.
``(B) A redetermination under subparagraph (A) shall--
``(i) be based on information supplied by the
household; and
``(ii) conform to standards established by the
Secretary.
``(C) The interval between redeterminations of eligibility
under subparagraph (A) shall not exceed the eligibility review
period;'' and
(2) in paragraph (10)--
(A) by striking ``within the household's
certification period''; and
(B) by striking ``or until'' and all that follows
through ``occurs earlier''.
(b) Conforming Amendments.--
(1) Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C.
2012(c)) is amended--
(A) by striking ``Certification period'' and
inserting ``Eligibility review period''; and
(B) by striking ``certification period'' each place
it appears and inserting ``eligibility review period''.
(2) Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014)
is amended--
(A) in subsection (d)(2), by striking ``in the
certification period which'' and inserting ``that'';
and
(B) in subsection (e) (as amended by section
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 redetermination
2000
s
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. 427. 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 striking paragraph (2) and inserting the following:
``(2) 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. 428. TRANSITIONAL FOOD STAMPS FOR FAMILIES MOVING FROM WELFARE.
(a) In General.--Section 11 of the Food Stamp Act of 1977 (7 U.S.C.
2020) is amended by adding at the end the following:
``(s) Transitional Benefits Option.--
``(1) In general.--A State agency may provide transitional
food stamp benefits to a household that ceases to receive cash
assistance under a State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.).
``(2) Transitional benefits period.--Under paragraph (1), a
household may continue to receive food stamp benefits for a
period of not more than 6 months after the date on which cash
assistance is terminated.
``(3) Amount of benefits.--During the transitional benefits
period under paragraph (2), a household shall receive an amount
of food stamp benefits equal to the allotment received in the
month immediately preceding the date on which cash assistance
was terminated, adjusted for--
``(A) the change in household income as a result of
the termination of cash assistance; and
``(B) any changes in circumstances that may result
in an increase in the food stamp allotment of the
household and that the household elects to report.
``(4) Determination of future eligibility.--In the final
month of the transitional benefits period under paragraph (2),
the State agency may--
``(A) require the household to cooperate in a
redetermination of eligibility; and
``(B) initiate a new eligibility review period for
the household without regard to whether the preceding
eligibility review period has expired.
``(5) Limitation.--A household shall not be eligible for
transitional benefits under this subsection if the household--
``(A) loses eligibility under section 6;
``(B) is sanctioned for a failure to perform an
action required by Federal, State, or local law
relating to a cash assistance program described in
paragraph (1); or
``(C) is a member of any other category of
households designated by the State agency as ineligible
for transitional benefits.''.
(b) Conforming Amendments.--
(1) Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C.
2012(c)) is amended by adding at the end the following: ``The
limits specified in this section may be extended until the end
of any transitional benefit period established under section
11(s).''.
(2) Section 6(c) of the Food Stamp Act of 1977 (7 U.S.C.
2015(c)) is amended by striking ``No household'' and inserting
``Except in a case in which a household is receiving
transitional benefits during the transitional benefits period
under section 11(s), no household''.
SEC. 429. DELIVERY TO RETAILERS OF NOTICES OF ADVERSE ACTION.
Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is
amended by striking paragraph (2) and inserting the following:
``(2) Delivery of notices.--A notice under paragraph (1)
shall be delivered by any form of delivery that the Secretary
determines will provide evidence of the delivery.''.
SEC. 430. 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 ``enhances payment accuracy'' and
all that follows through ``(A) the Secretary'' and
inserting the following: ``enhances payment accuracy
and that has the following elements:
``(A) Enhanced administrative funding.--With
respect to fiscal year 2001, 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) fo
2000
r 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 paragraph (6)--
(A) in the first and third sentences, by striking
``paragraph (5)'' each place it appears and inserting
``paragraph (8)''; and
(B) in the first sentence, 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) Fiscal year 2002.--
``(i) Adjustment for higher percentage of
households with earned income.--Subject to
subparagraph (B), with respect to fiscal year
2002, in applying paragraph (1), the Secretary
shall adjust the payment error rate determined
under paragraph (2)(A) as necessary to take
into account any increases in errors that
result from the State agency's serving a higher
percentage of households with earned income
than the lesser of--
``(I) the percentage of households
with earned income that receive food
stamps in all States; or
``(II) the percentage of households
with earned income that received food
stamps in the State in fiscal year
1992.
``(ii) Adjustment for higher percentage of
households with noncitizen members.--Subject to
subparagraph (B), with respect to fiscal year
2002, in applying paragraph (1), the Secretary
shall adjust the payment error rate determined
under paragraph (2)(A) as necessary to take
into account any increases in errors that
result from the State agency's serving a higher
percentage of households with 1 or more members
who are not United States citizens than the
lesser of--
``(I) the percentage of households
with 1 or more members who are not
United States citizens that receive
food stamps in all States; or
``(II) the percentage of households
with 1 or more members who are not
United States citizens that received
food stamps in the State in fiscal year
1998.
``(B) Expanded applicability to state agencies
subject to sanctions.--In the case of a State agency
subject to sanctions for fiscal year 2001 or any fiscal
year thereafter under paragraph (1), the adjustments
described in subparagraph (A) shall apply to the State
agency for the fiscal year.
``(C) 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. 431. IMPROVEMENT OF CALCULATION OF STATE PERFORMANCE MEASURES.
(a) In General.--Section 16(c)(8) of the Food Stamp Act of 1977 (7
U.S.C. 2025(c)(8)) is amended--
(1) in subparagraph (B), by striking ``180 days after the
end of the fiscal year'' and inserting ``the first May 31 after
the end of the fiscal year referred to in subparagraph (A)'';
and
2000
(2) in subparagraph (C), by striking ``30 days thereafter''
and inserting ``the first June 30 after the end of the fiscal
year referred to in subparagraph (A)''.
(b) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act.
SEC. 432. BONUSES FOR STATES THAT DEMONSTRATE HIGH PERFORMANCE.
(a) In General.--Section 16(c) of the Food Stamp Act of 1977 (7
U.S.C. 2025(c)) (as amended by section 430(a)(6)) is amended by adding
at the end the following:
``(11) High performance bonus payments.--
``(A) In general.--The Secretary shall--
``(i) with respect to fiscal year 2002 and
each fiscal year thereafter, measure the
performance of each State agency with respect
to each of the performance measures specified
in subparagraph (B); and
``(ii) in fiscal year 2003 and each fiscal
year thereafter, subject to subparagraphs (C)
and (D), make high performance bonus payments
to the State agencies with the highest or most
improved performance with respect to those
performance measures.
``(B) Performance measures.--The performance
measures specified in this subparagraph are--
``(i) 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); and
``(ii) 4 additional performance measures,
established by the Secretary in consultation
with the National Governors Association, the
American Public Human Services Association, and
the National Conference of State Legislatures
not later than 180 days after the date of
enactment of this paragraph, of which not less
than 1 performance measure shall relate to
provision of timely and appropriate services to
applicants for and recipients of food stamp
benefits.
``(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)(6)(A).
``(ii) Amount of payments.--
``(I) In general.--In fiscal year
2003 and each fiscal year thereafter,
the Secretary shall--
``(aa) make 1 high
performance bonus payment of
$6,000,000 for each of the 5
performance measures under
subparagraph (B); and
``(bb) allocate the high
performance bonus payment with
respect to each performance
measure in accordance with
subclauses (II) and (III).
``(II) Payments for performance
measures.--In fiscal year 2003 and each
fiscal year thereafter, the Secretary
shall allocate, in accordance with
subclause (III), the high performance
bonus payment made for each performance
measure under subparagraph (B) among
the 6 State agencies with, as
determined by the Secretary by
regulation--
``(aa) the greatest
improvement in the level of
performance with respect to the
performance measure between the
2 most recent years for which
the Secretary determines that
reliable data are available;
``(bb) the highest
performance in the performance
measure for the most recent
year for which the Secretary
determines that reliable data
are available; or
``(cc) a combination of the
greatest improvement described
in item (aa) and the highest
performance described in item
(bb).
``(III) Allocation among state
agencies eligible for payments.--A high
performance bonus payment under
subclause (II) made for a performance
measure shall be allocated among the 6
State agencies eligible for the payment
in the ratio that--
``(aa) the caseload of each
of the 6 State agencies
eligible for the payment; bears
to
``(bb) the caseloads of the
6 State agencies eligible for
the payment.
``(D) Prohibition on receipt of high performance
bonus payments by state agencies subject to
sanctions.--If, for any fiscal year, a State agency is
subject to a sanction under paragraph (1), the State
agency shall not be eligible for a high performance
bonus payment for the fiscal year.
``(E) Payments not subject to judicial review.--A
2000
determination by the Secretary whether, and in what
amount, to make a high performance bonus payment under
this paragraph shall not be subject to judicial
review.''.
(b) Applicability.--The amendment made by subsection (a) takes
effect on the date of enactment of this Act.
SEC. 433. 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 costs
incurred in 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)(6).''.
(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 ``$50 per month''.
(d) Federal Reimbursement.--Section 16(h)(3) of the Food Stamp Act
of 1977 (7 U.S.C. 2025(h)(3)) is amended by striking ``$25'' and
inserting ``$50''.
(e) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act.
SEC. 434. 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 inserting ``2006''.
SEC. 435. 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. 436. EXPANDED GRANT AUTHORITY.
Section 17(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2026(a)(1)) is amended--
(1) by striking ``, by way of making contracts with or
grants to public or private organizations or agencies,'' and
inserting ``enter into contracts with or make grants to public
or private organizations or agencies under this section to'';
and
(2) by adding at the end the following: ``The waiver
authority of the Secretary under subsection (b) shall extend to
all contracts and grants under this section.''.
SEC. 437. 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
per
2000
cent.
``(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; and
``(ii)(I) supplemental security income
benefits under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(II) benefits under the medicaid program
under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.);
``(III) benefits under the State children's
health insurance program under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.);
``(IV) 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);
or
``(V) 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 State agency personnel 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, including wireless electronic benefit
transfer systems and other systems appropriate to open-
air settings where farmers and other vendors sell
directly to consumers;
``(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) 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
be required to select grant recipients under
clause (i) to the extent that the Secretary
determines that an insufficient number of
eligible grant applications has been received.
``(5) 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).
``(6) 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.
``(7) 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. 438. 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:
`
2000
`(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;
``(II) implementing systems to
simplify the determination of
eligibility to receive that nutrition
assistance; and
``(III) operating systems to
deliver benefits through electronic
benefit transfers.''; 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. 439. 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.''; and
(3) in subsection (e)(1), by striking ``50'' and inserting
``75''.
SEC. 440. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE
PROGRAM.
(a) In General.--Section 27 of the Food Stamp Act of 1977 (7 U.S.C.
2036) is amended--
(1) in subsection (a)--
(A) by striking ``1997 through 2002'' and inserting
``2002 through 2006''; and
(B) by striking ``$100,000,000'' and inserting
``$110,000,000''; and
(2) by adding at the end the following:
``(c) Use of Funds for Related Costs.--
``(1) In general.--For each of fiscal years 2002 through
2006, the Secretary shall use $10,000,000 of the funds made
available under subsection (a) to pay the direct and indirect
costs of States relating to the processing, storing,
transporting, and distributing to eligible recipient agencies
of--
``(A) commodities purchased by the Secretary under
subsection (a); and
``(B) commodities acquired from other sources,
including commodities acquired by gleaning (as defined
in section 111(a) of the Hunger Prevention Act of 1988
(7 U.S.C. 612c note; Public Law 100-435)).
``(2) Allocation of funds.--The amount required to be used
in accordance with paragraph (1) shall be allocated in
accordance with section 204(a) of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7508(a)).''.
(b) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act.
SEC. 441. 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 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
2000
``(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, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.''.
SEC. 442. REPORT ON USE OF ELECTRONIC BENEFIT TRANSFER SYSTEMS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Agriculture shall submit to Congress a report on--
(1) difficulties relating to use of 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. 443. 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 2003
through 2006, the Secretary shall provide to each State agency
from funds made available to carry out that section (including
any such funds remaining available from the preceding fiscal
year), a grant per assigned caseload slot for administrative
costs incurred by the State agency and local agencies in the
State in operating the commodity supplemental food program.
``(2) Amount of grants.--For each of fiscal years 2003
through 2006, the amount of each grant per caseload slot shall
be equal to $50, adjusted by the percentage change between--
``(A) the value of the State and local government
price index, as published by the Bureau of Economic
Analysis of the Department of Commerce, for the 12-
month period ending June 30 of the second preceding
fiscal year; and
``(B) the value of that index for the 12-month
period ending June 30 of the preceding fiscal year.'';
and
(2) in subsection (d)(2), by striking ``2002'' each place
it appears and inserting ``2006''.
(c) Distribution of Surplus Commodities to Special Nutrition
Projects.--Section 1114(a)(2)(A) of the Agriculture and Food Act of
1981 (7 U.S.C. 1431e(2)(A)) is amended in the first sentence by
striking ``2002'' and inserting ``2006''.
(d) Emergency Food Assistance.--Section 204(a)(1) of the Emergency
Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)) is amended in the
first sentence--
(1) by striking ``2002'' and inserting ``2006'';
(2) by striking ``administrative''; and
(3) by inserting ``storage,'' after ``processing,''.
SEC. 452. PARTIAL 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.).''.
(B) Se
2000
ction 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 alien 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 by
striking ``(i) was'' and all that follows through ``(II) in the case''
and inserting the following:
``(i) in the case of the specified Federal
program described in paragraph (3)(A)--
``(I) was lawfully residing in the
United States on August 22, 1996; and
``(II) is blind or disabled, as
defined in paragraph (2) or (3) of
section 1614(a) of the Social Security
Act (42 U.S.C. 1382c(a)); and
``(ii) in the case''.
SEC. 453. COMMODITIES FOR SCHOOL LUNCH PROGRAMS.
(a) In General.--Section 6(e)(1)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by
striking ``2001'' and inserting ``2003''.
(b) Effective Date.--The amendment made by this section takes
effect on the date of enactment of this Act.
SEC. 454. ELIGIBILITY FOR FREE AND REDUCED PRICE MEALS.
(a) In General.--Section 9(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end
the following:
``(7) Exclusion of certain military housing allowances.--
For each of fiscal years 2002 and 2003, the amount of a basic
allowance provided under section 403 of title 37, United States
Code, on behalf of a member of a uniformed service for housing
that is acquired or constructed under subchapter IV of chapter
169 of title 10, United States Code, or any related provision
of law, shall not be considered to be income for the purpose of
determining the eligibility of a child who is a member of the
household of the member of a uniformed service for free or
reduced price lunches under this Act.''.
(b) Effective Date.--The amendment made by this section takes
effect on the date of enactment of this Act.
SEC. 455. ELIGIBILITY FOR ASSISTANCE UNDER THE SPECIAL SUPPLEMENTAL
NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.
(a) In General.--Section 17(d)(2)(B)(i) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(2)(B)(i)) is amended--
(1) by striking ``basic allowance for housing'' and
inserting the following: ``basic allowance--
``(I) for housing'';
(2) by striking ``and'' at the end and inserting ``or'';
and
(3) by adding at the end the following:
``(II) provided under section 403
of title 37, United States Code, for
housing that is acquired or constructed
under subchapter IV of chapter 169 of
title 10, United States Code, or any
related provision of law; and''.
(b) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act.
SEC. 456. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
(a) Establishment.--The Secretary of Agriculture shall carry out
and expand a seniors farmers' market nutrition program.
(b) Program Purposes.--The purposes of the seniors farmers' market
nutrition program are--
(1) to provide to low-income seniors resources in the form
of fresh, nutritious, unprepared, locally grown fruits,
vegetables, and herbs from farmers' markets, roadside stands,
and community-supported agriculture programs;
(2) to increase domestic consumption of agricultural
commodities by expanding or assisting in the expansion of
domestic farmers' markets, roadside stands, and community-
supported agriculture programs; and
(3) to develop or aid in the development of new farmers'
markets, roadside stands, and community-supported agriculture
programs.
(c) Regulations.--The Secretary of Agriculture may promulgate such
regulations as the Secretary considers necessary to carry out the
seniors farmers' market nutrition program under this section.
(d) Funding.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, and on October 1, 2002, and each October
1 thereafter through October 1, 2005, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture to
carry out this section $15,000,000.
(2) Receipt and acceptance.--The Secretary of Agriculture
shall be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under paragraph
(1), without further appropriation.
SEC. 457. FRUIT AND VEGETABLE PILOT PROGRAM.
(a) In Gene
2000
ral.--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.--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. 458. CONGRESSIONAL HUNGER FELLOWS PROGRAM.
(a) Short Title.--This section may be cited as the ``Congressional
Hunger Fellows Act of 2001''.
(b) Findings.--Congress finds that--
(1) there are--
(A) a critical need for compassionate individuals
who are committed to assisting people who suffer from
hunger; and
(B) a need for those individuals to initiate and
administer solutions to the hunger problem;
(2) Bill Emerson, the distinguished late Representative
from the 8th District of Missouri, demonstrated--
(A) his commitment to solving the problem of hunger
in a bipartisan manner;
(B) his commitment to public service; and
(C) his great affection for the institution and the
ideals of Congress;
(3) George T. (Mickey) Leland, the distinguished late
Representative from the 18th District of Texas, demonstrated--
(A) his compassion for individuals in need;
(B) his high regard for public service; and
(C) his lively exercise of political talents;
(4) the special concern that Mr. Emerson and Mr. Leland
demonstrated during their lives for the hungry and poor was an
inspiration for others to work toward the goals of equality and
justice for all; and
(5) since those 2 outstanding leaders maintained a special
bond of friendship regardless of political affiliation and
worked together to encourage future leaders to recognize and
provide service to others, it is especially appropriate to
honor the memory of Mr. Emerson and Mr. Leland by establishing
a fellowship program to develop and train the future leaders of
the United States to pursue careers in humanitarian service.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Agriculture and the Committee
on International Relations of the House of
Representatives; and
(B) the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Foreign Relations of the
Senate.
(2) Board.--The term ``Board'' means the Board of Trustees
of the Program.
(3) Fund.--The term ``Fund'' means the Congressional Hunger
Fellows Trust Fund established by subsection (g).
(4) Program.--The term ``Program'' means the Congressional
Hunger Fellows Program established by subsection (d).
(d) Establishment.--There is established as an independent entity
of the legislative branch of the United States Government an entity to
be known as the ``Congressional Hunger Fellows Program''.
(e) Board of Trustees.--
(1) In general.--The Program shall be subject to the
supervision and direction of a Board of Trustees.
(2) Members of the board.--
(A) Appointment.--
(i) In general.--The Board shall be
composed of 6 voting members appointed under
clause (ii) and 1 nonvoting ex-officio member
designated by clause (iii).
(ii) Voting members.--The voting members of
the Board shall be the following:
(I) 2 members appointed by the
Speaker of the House of
Representatives.
(II) 1 member appointed by the
minority leader of the House of
Representatives.
(III) 2 members appointed by the
majority leader of the Senate.
(IV) 1 member appointed by the
minority leader of the Senate.
(iii) Nonvoting member.--The Executive
Director of the Program shall serve as a
nonvoting ex-officio member of the Board.
(B) Terms.--
(i) In general.--Each member of the Board
shall serve for a term of 4 years.
(ii) Incomplete term.--If a member of the
Board does not serve the full term of the
member, the individual appointed to fill the
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 establ
2000
ished under clause (i) shall
include provisions--
(I) for appropriate fiscal control,
accountability for funds, and operating
principles;
(II) to prevent any conflict of
interest, or the appearance of any
conflict of interest, in--
(aa) the procurement and
employment actions taken by the
Board or by any officer or
employee of the Board; and
(bb) the selection and
placement of individuals in the
fellowships developed under the
Program;
(III) for the resolution of a tie
vote of the members of the Board; and
(IV) for authorization of travel
for members of the Board.
(iii) Submission to congress.--Not later
than 90 days after the date of the first
meeting of the Board, the Chairperson of the
Board shall submit to the appropriate
congressional committees a copy of the bylaws
established by the Board.
(B) Budget.--For each fiscal year in which the
Program is in operation--
(i) the Board shall determine a budget for
the Program for the fiscal year; and
(ii) all spending by the Program shall be
in accordance with the budget unless a change
is approved by the Board.
(C) Process for selection and placement of
fellows.--The Board shall review and approve the
process established by the Executive Director for the
selection and placement of individuals in the
fellowships developed under the Program.
(D) Allocation of funds to fellowships.--The Board
shall determine--
(i) the priority of the programs to be
carried out under this section; and
(ii) the amount of funds to be allocated
for the fellowships established under
subsection (f)(3)(A).
(f) Purposes; Authority of Program.--
(1) Purposes.--The purposes of the Program are--
(A) to encourage future leaders of the United
States to pursue careers in humanitarian service;
(B) to recognize the needs of people who are hungry
and poor;
(C) to provide assistance and compassion for people
in need;
(D) to increase awareness of the importance of
public service; and
(E) to provide training and development
opportunities for the leaders through placement in
programs operated by appropriate entities.
(2) Authority.--The Program may develop fellowships to
carry out the purposes of the Program, including the
fellowships described in paragraph (3).
(3) Fellowships.--
(A) In general.--The Program shall establish and
carry out the Bill Emerson Hunger Fellowship and the
Mickey Leland Hunger Fellowship.
(B) Curriculum.--
(i) In general.--The fellowships
established under subparagraph (A) shall
provide experience and training to develop the
skills and understanding necessary to improve
the humanitarian conditions and the lives of
individuals who suffer from hunger, including--
(I) training in direct service to
the hungry in conjunction with
community-based organizations through a
program of field placement; and
(II) experience in policy
development through placement in a
governmental entity or nonprofit
organization.
(ii) Focus.--
(I) Bill emerson hunger
fellowship.--The Bill Emerson Hunger
Fellowship shall address hunger and
other humanitarian needs in the United
States.
(II) Mickey leland hunger
fellowship.--The Mickey Leland Hunger
Fellowship shall address international
hunger and other humanitarian needs.
(iii) Work plan.--To carry out clause (i)
and to assist in the evaluation of the
fellowships under paragraph (4), the Program
shall, for each fellow, approve a work plan
that identifies the target objectives for the
fellow in the fellowship, including the
specific duties and responsibilities relating
to the objectives.
(C) Period of fellowship.--
(i) Emerson fellowship.--A Bill Emerson
Hunger Fellowship awarded under this paragraph
shall be for a period of not more than 1 year.
(ii) Leland fellowship.--A Mickey Leland
Hunger Fellowship awarded under this paragraph
shall be for a period of not more than 2 years,
of which not less than 1 year shall be
dedicated to fulfilling the requirement of
subparagraph (B)(i)(I).
(D) Selection of fellows.--
(i) In general.--A fellowship shall be
awarded through a nationwide competition
established by the Program.
(ii) Qualification.--A successful applicant
shall be an individual who has demonstrated--
(I) an intent to pursue a career in
humanitarian service and outstanding
potential for such a career;
(II) leadership potential or
leadership experience;
(III) diverse life experience;
(IV) proficient writing and
speaking skills;
(V) an ability to live in poor or
diverse communities; and
(VI) such other attributes as the
Board determines to be appropriate.
(iii) Amount of award.--
(I) In general.--Each individual
awarded a fellowship under this
paragraph shall receive a living
allowance and, subject to sub
2000
clause
(II), an end-of-service award as
determined by the Program.
(II) Requirement for successful
completion of fellowship.--Each
individual awarded a fellowship under
this paragraph shall be entitled to
receive an end-of-service award at an
appropriate rate for each month of
satisfactory service as determined by
the Executive Director.
(iv) Recognition of fellowship award.--
(I) Emerson fellow.--An individual
awarded a Bill Emerson Hunger
Fellowship shall be known as an
``Emerson Fellow''.
(II) Leland fellow.--An individual
awarded a Mickey Leland Hunger
Fellowship shall be known as a ``Leland
Fellow''.
(4) Evaluations.--
(A) In general.--The Program shall conduct periodic
evaluations of the Bill Emerson and Mickey Leland
Hunger Fellowships.
(B) Required elements.--Each evaluation shall
include--
(i) an assessment of the successful
completion of the work plan of each fellow;
(ii) an assessment of the impact of the
fellowship on the fellows;
(iii) an assessment of the accomplishment
of the purposes of the Program; and
(iv) an assessment of the impact of each
fellow on the community.
(g) Trust Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Congressional
Hunger Fellows Trust Fund'', consisting of--
(A) amounts appropriated to the Fund under
subsection (k);
(B) any amounts earned on investment of amounts in
the Fund under paragraph (2); and
(C) amounts received under subsection (i)(3)(A).
(2) Investment of amounts.--
(A) In general.--
(i) Authority to invest.--The Secretary of
the Treasury shall invest such portion of the
Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet
current withdrawals.
(ii) Types of investments.--Each investment
may be made only in an interest-bearing
obligation of the United States or an
obligation guaranteed as to principal and
interest by the United States that, as
determined by the Secretary of the Treasury in
consultation with the Board, has a maturity
suitable for the Fund.
(B) Acquisition of obligations.--For the purpose of
investments under subparagraph (A), obligations may be
acquired--
(i) on original issue at the issue price;
or
(ii) by purchase of outstanding obligations
at the market price.
(C) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
(D) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
(3) Transfers of amounts.--
(A) In general.--The amounts required to be
transferred to the Fund under this subsection shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(B) Adjustments.--Proper adjustment shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
(h) Expenditures; Audits.--
(1) In general.--The Secretary of the Treasury shall
transfer to the Program from the amounts described in
subsections (g)(2)(D) and (i)(3)(A) such sums as the Board
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.
2000
(B) Compensation.--An individual appointed under
subparagraph (A) shall be paid at a rate not to exceed
the rate payable for level GS-15 of the General
Schedule.
(3) Powers.--
(A) Gifts.--
(i) In general.--The Program may solicit,
accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and
personal, for the purpose of aiding or
facilitating the work of the Program.
(ii) Use of gifts.--Gifts, bequests, or
devises of money and proceeds from sales of
other property received as gifts, bequests, or
devises shall--
(I) be deposited in the Fund; and
(II) be available for disbursement
on order of the Board.
(B) Procurement of temporary and intermittent
services.--To carry out this section, the Program may
procure temporary and intermittent services in
accordance with section 3109(b) of title 5, United
States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic
pay payable for level GS-15 of the General Schedule.
(C) Contract authority.--To carry out this section,
the Program may, with the approval of a majority of the
members of the Board, contract with and compensate
Government and private agencies or persons without
regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
(D) Other necessary expenditures.--
(i) In general.--Subject to clause (ii),
the Program may make such other expenditures as
the Program considers necessary to carry out
this section.
(ii) Prohibition.--The Program may not
expend funds to develop new or expanded
projects at which fellows may be placed.
(j) Report.--Not later than December 31 of each year, the Board
shall submit to the appropriate congressional committees a report on
the activities of the Program carried out during the preceding fiscal
year that includes--
(1) an analysis of the evaluations conducted under
subsection (f)(4) during the fiscal year; and
(2) a statement of--
(A) the total amount of funds attributable to gifts
received by the Program in the fiscal year under
subsection (i)(3)(A); and
(B) the total amount of funds described in
subparagraph (A) that were expended to carry out the
Program in the fiscal year.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $18,000,000.
(l) Effective Date.--This section takes effect on October 1, 2002.
SEC. 459. NUTRITION INFORMATION AND AWARENESS PILOT PROGRAM.
(a) Establishment.--The Secretary of Agriculture may establish, in
not more than 15 States, a pilot program to increase the domestic
consumption of fresh fruits and vegetables.
(b) Purpose.--The purpose of the program shall be to provide funds
to States to assist eligible public and private sector entities with
cost-share assistance to carry out demonstration projects--
(1) to increase fruit and vegetable consumption; and
(2) to convey related health promotion messages.
(c) Priority.--To the maximum extent practicable, the Secretary
shall--
(1) establish the program in States in which the production
of fruits or vegetables is a significant industry, as
determined by the Secretary; and
(2) base the program on strategic initiatives, including--
(A) health promotion and education interventions;
(B) public service and paid advertising or
marketing activities;
(C) health promotion campaigns relating to locally
grown fruits and vegetables; and
(D) social marketing campaigns.
(d) Participant Eligibility.--In selecting States to participate in
the program, the Secretary shall take into consideration, with respect
to projects and activities proposed to be carried out by the State
under the program--
(1) experience in carrying out similar projects or
activities;
(2) innovation; and
(3) the ability of the State--
(A) to conduct marketing campaigns for, promote,
and track increases in levels of, produce consumption;
and
(B) to optimize the availability of produce through
distribution of produce.
(e) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds provided under this section shall be
50 percent.
(f) Use of Funds.--Funds made available to carry out this section
shall not be made available to any foreign for-profit corporation.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2002 through 2006.
SEC. 460. EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments made by
this title take effect on September 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
2000
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.
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.''.
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 farmer or rancher
who is a member of an Indian tribe and 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) or (3) for a direct loan made under this
subtitle to a farmer or rancher who is a member of an
Indian tribe and 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) or (3) 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 ``carrie
2000
d 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 before
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
2000
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
shared appreciation agreement (as determined by the
Secretary in accordance with this subsection), 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
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 entered into under section
353(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
2001(e)) 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 ``3.1(11)(B)(iv)''
and inserting ``3.1(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--
2000
``(A) a farm supply; and
``(B)(i) agriculture-related processing equipment;
``(ii) agriculture-related machinery; and
``(iii) other capital 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 ``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 a 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 s
2000
hall 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. 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 subtitle 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 described
in section 1.2(a) of the Farm Credit Act of 1971 (12
U.S.C. 2002(a)); or
``(F) is determined by the Board 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 described in
section 1.2(a) of the Farm Credit Act of 1971 (12
U.S.C. 2002(a)).
``(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 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 a fund provide a broad representation of all of the
groups of similar authorized private investors described in
subparagraphs (A) through (F) 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', 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 (F) 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
2000
of Incorporation and Bylaws.--The articles of
incorporation and bylaws 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.--Of the funds made available under section 383H,
the Secretary 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 bylaws 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 the
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 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 the initial investment by the
authorized private investor; 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 investments.--
``(i) Total investments by a single rural
business.--Subject to clause (ii), investment
by the Fund in a single rural business 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) Waiver.--The Secretary may waive the
limitation in clause (i) in any case in which
an investment exceeding the limits specified in
clause (i) is necessary to preserve prior
investments in the rural business.
``(iii) Total nonequity 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.
2000
``(C) Limitation.--Notwithstanding subparagraph
(B), the amount of any investment by the Fund in a
rural business shall not exceed the aggregate amount
invested in like securities 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 a manner that diversifies
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.--To be considered for an equity
investment from the Fund, a rural business investment
project 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 financial statements of the Fund by a nationally
recognized auditing firm using generally accepted accounting
principles.
``(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. 383H. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.''.
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 or 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 in Rural Business Investment
Companies with an 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 o
2000
f this subtitle.
``(6) License.--The term `license' means a license issued
by the Secretary as provided in section 384D(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
Rural Business Investment Company 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
Rural Business Investment Company granted final approval under
section 384D(d), that requires the Rural Business Investment
Company to make investments in smaller enterprises in rural
areas.
``(11) Private capital.--
``(A) In general.--The term `private capital' means
the total of--
``(i) the paid-in capital and paid-in
surplus of a corporate Rural Business
Investment Company, the contributed capital of
the partners of a partnership Rural Business
Investment Company, or the equity investment of
the members of a limited liability company
Rural Business Investment Company; and
``(ii) unfunded binding commitments, from
investors that meet criteria established by the
Secretary to contribute capital to the Rural
Business Investment Company, 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 Rural
Business Investment Company 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) 50 percent of funds from the
National Rural Cooperative and Business
Equity Fund;
``(II) funds obtained from the
business revenues (excluding any
governmental appropriation) of any
federally chartered or government-
sponsored enterprise 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 Rural
Business Investment Company).
``(12) Qualified nonprivate funds.--The term `qualified
nonprivate funds' means any--
``(A) funds directly or indirectly invested in any
applicant or Rural Business Investment Company 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 Rural
Business Investment Company 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 Rural Business
Investment Company.
``(13) 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 or entity;
that primarily operates in a rural area, as determined by the
Secretary.
``(14) 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(d); and
``(B) has entered into a participation agreement
with the Secretary.
``(15) 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
the 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 the 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
total of--
``(I) if the rural business concern
is not required by law to pay State
(and local, if any) income taxes at the
2000
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.
``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) enter into participation agreements with companies
granted final approval under section 384D(d) 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 purposes 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 subsection (d); 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
2000
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 grant funds or
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 a Rural Business Investment
Company, if--
``(1) the Secretary determines that the application
satisfies the requirements of subsection (b);
``(2) the area in which the Rural Business Investment
Company is to conduct its operations, and establishment of
branch offices or agencies (if authorized by the articles), are
approved by the Secretary; and
``(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 section.
``(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 Rural
Business Investment Company does not exceed 300 percent of the
private capital of the Rural Business Investment 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 principal 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 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 shall provide for a
central registration of all trust certificates issued under
this section.
``(2) Creation of pools.--The Secretary may--
``(A) maintain 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; and
``(B) issue trust certificates to facilitate the
creation of those trusts or pools.
``(3) 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.
``(4) Regulation of brokers and dealers.--The Secretary may
regulate brokers and dealers in trust certificates issued under
this section.
``(5) 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
2000
this paragraph may be used by the Rural Business Investment
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 Rural
Business Investment Company.
``(4) Submission of plans.--A Rural Business Investment
Company shall be eligible for a grant under this section only
if the Rural Business Investment Company submits to the
Secretary, in such form and manner as the Secretary may
require, a plan for use of the grant.
``(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 Rural
Business Investment 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 Rural Business Investment Company or
entity receiving the grant 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 Rural Business Investment Company; and
``(B) if a limited partnership or a limited liability
company, 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) Articles.--The articles of any Rural Business Investment
Company--
``(1) shall specify in general terms--
``(A) the purposes for which the Rural Business
Investment Company is formed;
``(B) the name of the Rural Business Investment
Company;
``(C) the area or areas in which the operations of
the Rural Business Investment Company are to be carried
out;
``(D) the place where the principal office of the
Rural Business Investment Company is to be located; and
``(E) the amount and classes of the shares of
capital stock of the Rural Business Investment Company;
``(2) may contain any other provisions consistent with this
subtitle that the Rural Business Investment Company may
determine appropriate to adopt for the regulation of the
business of the Rural Business Investment Company and the
conduct of the affairs of the Rural Business Investment
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 Rural Business Investment Company shall
be not less than--
``(A) $5,000,000; or
``(B) $10,000,000, with respect to each Rural
Business Investment Company 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 Rural Business
Investment Company 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
Rural Business Investment Company is adequate to ensure
a reasonable prospect that the Rural Business
Investment Company will be operated soundly and
profitably, and managed actively and prudently in
accordance with the articles of the Rural Business
Investment Company;
``(B) determine that the Rural Business Investment
Company will be able to comply with the requirements of
this subtitle; and
``(C) require that at least 75 percent of the
capital of each Rural Business Investment Company is
invested in rural business concerns.
``(d) Diversification of Ownership.--The Secretary shall
ensure that the management of each Rural Business Investment Company
licensed after the date of enactment of this subtitle is sufficiently
diversified from and unaffiliated with the ownership of the Rural
Business Investment Company so as to ensure independence and
objectivity in the financial management and oversight of the
investments and operations of the Rural Business Investment Company.
``SEC. 384J. FINANCIAL INSTITUTION INVESTMENTS.
``(a) In General.--Except as otherwise provided in this section and
notwithstanding any other provision of law, the following banks,
associations, and institutions may invest in any Rural Business
Investment Company or in any entity established to invest solely in
Rural Business Investment Companies:
``(1) Any national bank.
``(2) Any member bank of the Federal Reserve System.
``(3) Any Federal savings association.
``(4) Any Farm Credit System institution described in
section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C.
2002(a)).
``(5) Any insured bank that is not a member of the Federal
Reserve System, to the extent permitted under applicable State
law.
``(b) Limitation.--No bank, association, or institution described
in subsection (a) may make investments described in subsection (a
2000
) that
are greater than 5 percent of the capital and surplus of the bank,
association, or institution.
``(c) Limitation on Rural Business Investment Companies Controlled
by Farm Credit System Institutions.--If a Farm Credit System
institution described in section 1.2(a) of the Farm Credit Act of 1971
(12 U.S.C. 2002(a)) holds more than 30 percent of the voting shares of
a Rural Business Investment Company, either alone or in conjunction
with other System institutions (or affiliates), the Rural Business
Investment Company shall not provide equity investments in, or provide
other financial assistance to, entities that are not otherwise eligible
to receive financing from the Farm Credit System under that Act (12
U.S.C. 2001 et seq.).
``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 Rural Business Investment Company proposed in the program
application of the Rural Business Investment Company; and
``(2) in each case in which the Rural Business Investment
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 Rural Business Investment Company
examined.
``(2) Payment.--Any Rural Business Investment 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 to carry out this
section, 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 appropriate district court 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 necessary, take exclusive jurisdiction over the Rural
Business Investment Company and the assets of the Rural
Business Investment 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 the assets.
``(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 shall 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 Rural Business Investment Company; and
``(2) cause the Rural Business Investment Company to
forfeit all of the rights and privileges derived by the Rural
Business Investment 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 Rural Business Investment
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 Rural Business
Investment 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 Rural Business
Investment 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
2000
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 established by the Secretary for removing or
suspending a director or an officer of a Rural Business Investment
Company, the Secretary may remove or suspend any director or officer of
any Rural Business Investment Company.
``SEC. 384Q. CONTRACTING OF FUNCTIONS.
``Notwithstanding any other provision of law, the Secretary shall
enter into an interagency agreement with the Administrator of the Small
Business Administration to carry out, on behalf of the Secretary, the
day-to-day management and operation of the program authorized by this
subtitle.
``SEC. 384R. REGULATIONS.
``The Secretary may promulgate such regulations as the Secretary
considers necessary to carry out this subtitle.
``SEC. 384S. 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 sums as may be necessary for the cost of
guaranteeing $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, shall accept, and shall use to carry out this section 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, shall accept, and shall use to carry out
this section 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 facility 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) emergency community water assistance grants
under section 306A of that Act (7 U.S.C. 1926a);
(F) business and industry guaranteed loans
authorized under section 310B(a)(1)(A) of that Act (7
U.S.C. 1932(a)(1)(A)); and
(G) 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.
(a) In General.--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) Eligible rural area.--
``(A) In general.--The term `eligible rural area'
means an area with a population of 25,000 inhabitants
or less, as determined by the Secretary using the most
recent decennial census.
``(B) Exclusions.--The term `eligible rural area'
does not include--
``(i) any area designated by the Secretary
as a rural empowerment zone or rural enterprise
community; or
``
2000
(ii) an urbanized area immediately
adjacent to an incorporated city or town with a
population of more than 25,000 inhabitants.
``(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) 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.
``(5) Program.--The term `Program' means the Rural
Endowment Program established under section 385C(a).
``(6) 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.
``(7) 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
joint application submitted by a private, nonprofit community
development corporation 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) 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.
``(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
2000
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) Funding of endowment.--Federal funds provided
in the form of an endowment grant under the Program
shall--
``(i) be deposited in the endowment fund;
``(ii) 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) Interest.--Interest earned on Federal funds
in the endowment fund shall be--
``(i) retained by the grantee; and
``(ii) treated as Federal funds are treated
under subparagraph (B).
``(D) 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) Manner of disbursement.--Subject to
subparagraph (B), the Secretary may disburse a
grant award in 1 lump sum or in incremental
disbursements made each fiscal year.
``(iii) Incremental disbursements.--If the
Secretary elects to make incremental
disbursements, for each fiscal year after the
initial disbursement, 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).
``(iv) Advance disbursements.--The
Secretary may make disbursements under this
paragraph notwithstanding any provision of law
limiting grant disbursements to amounts
necessary to cover expected expenses on a term
basis.
``(B) Non-federal share.--
``(i) In general.--Except as provided in
clause (ii), for each disbursement under
subparagraph (A), 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 under the disbursement.
``(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
disbursement of an endowment grant award to the
approved program entity under the Program, an
approved program entity shall--
2000
``(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) if the Secretary is making
incremental disbursements of a grant,
develop a viable plan for providing the
remaining amount of the required non-
Federal share.
``(C) Limitations.--
``(i) In general.--Subject to clause (ii),
of each disbursement, an approved program
entity shall use--
``(I) not more than 10 percent for
administrative costs of carrying out
program-related investments;
``(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.
``(ii) Loss reserve account.--If all
disbursed funds available under a grant are
expended in accordance with clause (i) and the
grant recipient has no expected losses to cover
for a fiscal year, the recipient may use funds
in the loss reserve account described in clause
(i)(II) for program-related investments
described in clause (i)(III) for which no
reserve for losses is required.
``(g) Federal Agency Assistance.--Under the Program, the Secretary
shall provide and coordinate technical assistance for grant recipients
by designated field staff of Federal agencies.
``(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
385D, the Secretary may use to carry out this subsection not
more than $2,000,000 for each of not more than 2 fiscal years.
``SEC. 385D. FUNDING.
``(a) Fiscal Years 2002 and 2003.--
``(1) In general.--Not later than 30 days after the date of
enactment of this subtitle, 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
subtitle $82,000,000 for the period of fiscal years 2002 and
2003, to remain available until expended.
``(2) Schedule for obligations.--Of the amounts made
available under paragraph (1)--
``(A) not more than $5,000,000 shall be obligated
to carry out section 385C(d);
``(B) not less than $75,000,000 shall be obligated
to carry out section 385C(f); and
``(C) not less than $2,000,000 shall be obligated
to carry out section 385C(h).
``(3) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subtitle the funds transferred under paragraph (1),
without further appropriation.
``(b) Fiscal Years 2004 through 2006.--There are authorized to be
appropriated such sums as are necessary to carry out this subtitle for
each of fiscal years 2004 through 2006.''.
SEC. 605. ENHANCEMENT OF ACCESS TO BROADBAND SERVICE IN RURAL AREAS.
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 loan guarantees 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
standard metropolitan statistical area.
``(c) Grants.--The Secretary shall make grants to eligible entities
described in subsection (e) to provide funds for the construction,
improvement, or acquisition of facilities and equipment for the
provision of broadband service in eligible rural communities.
``(d) Loans and Loan Guarantees.--The Secretary shall make or
guarantee loans to eligible entities described in subsection (e) to
provide funds for the construction, improvement, or acquisition of
facilities and equipment for the provision of broadband service in
eligible rural communities.
``(e) Eligible Entities.--To be eligible to obtain a grant under
this section, an entity must--
``(1) be eligible to obtain a loan or loan guarantee to
furnish, improve, or extend a rural telecommunications service
under this Act; and
``(2) submit to the Secretary a proposal for a project that
meets the requirements of this section.
``(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
2000
determining
whether or not to make a grant, loan, or loan guarantee 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 Loan Guarantees.--A loan
or loan guarantee 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 the loan for the purpose of refinancing an
outstanding obligation of the recipient on another telecommunications
loan made under this Act if the use of the proceeds for that purpose
will further the construction, improvement, or acquisition of
facilities and equipment for the provision of broadband service in
eligible rural communities.
``(j) 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, shall accept, and shall use to carry out
this section 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--
``(i) establish a national reserve for
grants, loans, and loan guarantees to eligible
entities in States under this section; and
``(ii) allocate amounts in the reserve to
each State for each fiscal year for grants,
loans, and loan guarantees to eligible entities
in the State.
``(B) Amount.--The amount of an allocation made to
a State for a fiscal year under subparagraph (A) shall
bear the same ratio to the amount of allocations made
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 April 1 of
the fiscal year shall be available to the Secretary to
make grants, loans, and loan guarantees under this
section to eligible entities in any State, as
determined by the Secretary.
``(k) Termination of authority.--
``(1) In general.--No grant, loan, or loan guarantee may be
made under this section after September 30, 2006.
``(2) Effect on validity of grant, loan, or loan
guarantee.--Notwithstanding paragraph (1), any grant, loan, or
loan guarantee made under this section before the date
specified in paragraph (1) shall be valid.''.
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)(A) has undergone a change in physical state; or
``(B) was produced in a manner that enhances the value of
the agricultural commodity or product, as demonstrated through
a business plan that shows the enhanced value, as determined by
the Secretary; and
``(2) as a result of the change in physical state or the
manner in which the agricultural commodity or product was
produced--
``(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; and
``(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) Grants.--From amounts made available under paragraph
(6), the Secretary shall make 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 produ
2000
ct.
``(3) Amount of grant.--
``(A) In general.--The total amount provided under
this subsection to a grant recipient may not exceed
$500,000.
``(B) Priority.--The Secretary shall give priority
to grant proposals for less than $200,000 submitted
under this subsection.
``(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) Insufficient applications.--If, for any
fiscal year, the Secretary receives an insufficient
quantity of applications for grants described in
subparagraph (A) to use the funds reserved under
subparagraph (A), the Secretary may use the excess
reserved funds to make grants for any other purpose
authorized under this subsection.
``(6) Funding.--
``(A) In general.--Not later than 30 days after the
date of enactment of this paragraph, 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 subsection $75,000,000, to remain available until
expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.'';
(3) in subsection (c)(1) (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 subsection (d) (as redesignated), by striking
``subsections (a) and (b)'' and inserting ``subsections (b) and
(c)''.
SEC. 607. NATIONAL RURAL DEVELOPMENT INFORMATION CLEARINGHOUSE.
Section 2381 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 3125b) is amended to read as follows:
``SEC. 2381. NATIONAL RURAL DEVELOPMENT INFORMATION CLEARINGHOUSE.
``(a) Establishment.--The Secretary shall establish and maintain,
within the rural development mission area of the Department of
Agriculture, a National Rural Development Information Clearinghouse
(referred to in this section as the `Clearinghouse') to perform the
functions specified in subsection (b).
``(b) Functions.--The Clearinghouse shall collect information and
data from, and disseminate information and data to, any person or
public or private entity about programs and services provided by
Federal, State, local, and tribal agencies, institutions of higher
education, and private, for-profit, and nonprofit organizations and
institutions under which a person or public or private entity residing
or operating in a rural area may be eligible for any kind of financial,
technical, or other assistance, including business, venture capital,
economic, credit and community development assistance, health care, job
training, education, and emotional and financial counseling.
``(c) Modes of Collection and Dissemination of Information.--In
addition to other modes for the collection and dissemination of the
types of information and data specified under subsection (b), the
Secretary shall ensure that the Clearinghouse maintains an Internet
website that provides for dissemination and collection, through
voluntary submission or posting, of the information and data.
``(d) Federal Agencies.--On request of the Secretary and to the
extent permitted by law, the head of a Federal agency shall provide to
the Clearinghouse such information as the Secretary may request to
enable the Clearinghouse to carry out this section.
``(e) State, Local, and Tribal Agencies, Institutions of Higher
Education, and Nonprofit and For-Profit Organizations.--The Secretary
shall request State, local, and tribal agencies, institutions of higher
education, and private, for-profit, and nonprofit organizations and
institutions to provide to the Clearinghouse information concerning
applicable programs or services described in subsection (b).
``(f) Promotion of Clearinghouse.--The Secretary prominently shall
promote the existence and availability of the Clearinghouse in all
activities of the Department of Agriculture relating to rural areas of
the United States.
``(g) Funding.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall use to operate and maintain the Clearinghouse not more
than $600,000 of the funds available to the Rural Housing
Service, the Rural Utilities Service, and the Rural Business-
Cooperative Service for each fiscal year.
``(2) Limitation.--Funds available to the Rural Housing
Service, the Rural Utilities Service, and the Rural Business-
Cooperative Service for the payment of loan costs (as defined
in section 502 of Federal Credit Reform Act of 1990 (2 U.S.C.
661a)) shall not be used to operate and maintain the
Clearinghouse.''.
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,
2000
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 continued by subsection
(b).
``(4) 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 Coordinating 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 no
2000
nprofit
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
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.--The State Director for Rural
Development of a State, other employees of the
Department of Agriculture, and employees of other
Federal agencies that elect to participate in the
Partnership shall fully participate in the governance
and operations of State rural development councils on
an equal basis with other members of the State rural
development councils.
``(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
2000
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)(2), 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.
``(4) Federal financial support for state rural development
councils.--Notwithstanding any other provision of law, a
Federal agency may use funds made available under paragraph (1)
or (2) to enter into a cooperative agreement, contract, or
other agreement with a State rural development council to
support the core operations of the State rural development
council, regardless of the legal form of organization of the
State rural development council.
``(g) Matching Requirements for State Rural Development Councils.--
``(1) In general.--Except as provided in paragraph (2), 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 that is not less
than 33 percent of the amount of Federal funds received under
an agreement under subsection (d)(1).
``(2) Exceptions to matching requirement for certain
federal funds.--Paragraph (1) shall not apply to funds, grants,
funds provided under contracts or cooperative agreements,
gifts, contributions, or technical assistance received by a
State rural development council from a Federal agency that are
used--
``(A) to support 1 or more specific program or
project activities; or
``(B) to reimburse the State rural development
council for services provided to the Federal agency
providing the funds, grants, funds provided under
contracts or cooperative agreements, gifts,
contributions, or technical assistance.
``(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--
(1) by striking ``(2) The'' and inserting the following:
``(2) Water, waste disposal, and wastewater facility
grants.--
``(A) Authority.--
``(i) In general.--The'';
(2) by striking ``$590,000,000'' and inserting
``$1,500,000,000'';
(3) by striking ``The amount'' and inserting the following:
``(ii) Amount.--The amount'';
(4) by striking ``paragraph'' and inserting
``subparagraph'';
(5) by striking ``The Secretary shall'' and
inserting the following:
``(iii) Grant rate.--The Secretary shall'';
and
(6) by adding at the end the following:
``(B) Revolving funds for financing water and
wastewater projects.--
``(i) In general.--The Secretary may make
grants to qualified private, nonprofit entities
to capitalize revolving funds for the purpose
of providing loans to eligible borrowers for--
``(I) predevelopment costs
associated with proposed water and
wastewater projects or with existing
water and wastewater systems; and
``(II) short-term costs incurred
for replacement equipment, small-scale
extension services, or other small
capital projects that are not part of
the regular operations and maintenance
activities of existing water and
wastewater systems.
``(ii) Eligible borrowers.--To be eligible
to obtain a loan from a revolving fund under
clause (i), a borrower shall be eligible to
obtain a loan, loan guarantee, or grant under
paragraph (1) or this paragraph.
``(iii) Maximum amount of loans.--The
amount of a loan made to an eligible borrower
under this subparagraph shall not exceed--
``(I) $1
2000
00,000 for costs described
in clause (i)(I); and
``(II) $100,000 for costs described
in clause (i)(II).
``(iv) Term.--The term of a loan made to an
eligible borrower under this subparagraph shall
not exceed 10 years.
``(v) Administration.--The Secretary shall
limit the amount of grant funds that may be
used by a grant recipient for administrative
costs incurred under this subparagraph.
``(vi) Authorization of appropriations.--
There is authorized to be appropriated to carry
out this subparagraph $30,000,000 for each of
fiscal years 2002 through 2006.''.
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) Relationship to existing program.--The
program established under subparagraph (A) shall not
affect the authority of the Secretary to carry out the
circuit rider program for which funds are made
available under the heading ``Rural Community
Advancement Program'' of title III of the Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002.
``(C) 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) 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.
``(B) 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
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 applicable State; and
``(ii) has a history of providing
substantive assistance to local governments and
economic development organizations.
``(C) Federal share.--A grant provided under this
paragraph shall be for not more than 75 percent of the
cost of providing assistance described in subparagraph
(A).
``(D) Maximum amount of grants.--The amount of a
grant provided to an organization under this paragraph
shall not exceed $100,000.
``(E) 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
2000
community facilities loans.--
``(A) In general.--The Secretary may guarantee
under this title a loan made to finance a community
facility or water or waste facility project, including
a loan financed by the net proceeds of a bond described
in section 144(a)(12)(B)(ii) of the Internal Revenue
Code of 1986.
``(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 used to provide
grants to fund partial scholarships for
training of individuals 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
grant applicant and the proposed
location of the training.
``(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
training for firefighters and
emergency medical personnel for
improvements to the training
facility, equipment, curricula,
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, shall
accept, and shall use to carry out this section
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
2000
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. 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. 632. GRANTS TO BROADCASTING SYSTEMS.
Section 310B(f) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(f)) is amended by adding at the end the following:
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2002 through 2006.''.
SEC. 633. BUSINESS AND INDUSTRY LOAN MODIFICATIONS.
Section 3l0B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932) is amended by striking subsection (g) and inserting the
following:
``(g) Business and Industry Direct and Guaranteed Loans.--
``(1) Loan guarantees for the purchase of cooperative
stock.--
``(A) New and expanding cooperatives.--
``(i) In general.--The Secretary may
guarantee a loan under subsection (a) to
farmers, ranchers, or cooperatives for the
purpose of purchasing start-up capital stock
for the expansion or creation of a cooperative
venture that will process agricultural
commodities or otherwise process value-added
agricultural products.
``(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 cooperative, other than
the applicant for a guarantee under
this subparagraph; 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.
``(iv) Eligibility.--To be eligible for a
loan guarantee under this subparagraph, a
farmer or rancher must produce the agricultural
commodity that will be processed by the
cooperative.
``(v) Processing contracts during initial
period.--The cooperative, for which a farmer or
rancher receives a guarantee to purchase stock
under this subparagraph, may contract for
services to process agricultural commodities,
or otherwise process value-added agricultural
products, during the 5-year period beginning on
the date of the startup of the cooperative in
order to provide adequate time for the planning
and construction of the processing facility of
the cooperative.
``(B) Existing cooperatives.--The Secretary may
guarantee a loan under subsection (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.
``(C) Financial information.--Financial information
required by the Secretary from a farmer or rancher as a
condition of making a loan guarantee under this
paragraph shall be provided in the manner generally
required by commercial agricultural lenders in the
area.
``(2) Loans to cooperatives.--
``(A) In general.--The Secretary may make or
guarantee a loan under subsection (a) to a cooperative
that is headquartered in a metropolitan area if the
loan is used for a project or venture described in
subsection (a) that is located in a rural area.
``(B) Refinancing.--A cooperative organization
owned by farmers or ranchers that is eligible for a
business and industry loan under made or guaranteed
under subsection (a) shall be eligible to refinance an
existing loan with a lender if--
``(i) the cooperative organization--
``(I) is current and performing
with respect to the existing loan; and
``(II) is not, and has not been, in
default with respect to the existing
loan; and
``(ii) there is adequate security or full
collateral for the refinanced loan.
``(3) Business and industry loan appraisals.--The Secretary
may require that any appraisal made in connection with a
business and industry loan made or guaranteed under subsection
(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.
``(4) Fees.--The Secretary may assess a 1-time fee for any
loan guaranteed under subsection (a) in an amount that does not
exceed 2 percent of the guaranteed principal portion of the
loan.''.
SEC. 634. VALUE-ADDED INTERMEDIARY RELENDING PROGRAM.
Section 310B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932) (as amended by section 626(b)) is amended by adding at the
end the following:
``(i) Value-Added Intermediary Relending Program.--
``(1) In general.--In accordance with this subsection, the
Secretary shall make loans under the terms and conditions of
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 are
eligible to receive loans under paragraph (2) shall include
State agencies.
2000
``(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 to 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.
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2003 through 2006.''.
SEC. 635. 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),
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 or improved
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); and
``(3) satisfies such additional requirements as are
established by the Secretary.''.
SEC. 636. SIMPLIFIED APPLICATION FORMS FOR LOAN GUARANTEES.
Section 333A of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983a) (as amended by section 526) is amended by striking
subsection (g) 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; and
``(B) business and industry guaranteed loans under
section 310B(a)(1) 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.
``(2) Water and waste disposal grants and loans.--The
Secretary shall develop an application process that
accelerates, to the maximum extent practicable, the processing
of applications for water and waste disposal grants or direct
or guaranteed loans under paragraph (1) or (2) of section
306(a) the grant award amount or principal loan amount,
respectively, of which is $300,000 or less.
``(3) Administration.--In developing an application under
this subsection, the Secretary shall--
``(A) consult with commercial and cooperative
lenders; and
``(B) ensure that--
``(i) the form can be completed manually or
electronically, at the option of the lender;
``(ii) the form minimizes the documentation
required to accompany the form;
``(iii) the cost of completing and
processing the form is minimal; and
``(iv) the form can be completed and
processed in an expeditious manner.''.
SEC. 637. DEFINITION OF RURAL AND RURAL AREA.
(a) In General.--Section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)) is amended by adding at the end the
following:
``(13) Rural and rural area.--
``(A) In general.--Except as otherwise provided in
this paragraph, the terms `rural' and `rural area' mean
a 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) Water and waste disposal grants and direct
and guaranteed loans.--For the purpose of water and
waste disposal grants and direct and guaranteed loans
provided under paragraphs (1) and (2) of section
306(a), the terms `rural' and `rural area' mean a city,
town, or unincorporated area that has a population of
no more than 10,000 inhabitants.
``(C) Community facility loans and grants.--For the
purpose of community facility direct and guaranteed
loans and grants under paragraphs (1), (19), (20), and
(21) of section 306(a), the terms `rural' and `rural
area' mean a city, town, or unincorporated area that
has a population of no more than 50,000 inhabitants.
``(D) Business and industry direct and guaranteed
loans.--For the purpose of business and industry direct
and guaranteed loans under section 310B(a)(1), the
terms `rural' and `rural area' mean any area other than
a city or town that has a population of greater than
50,000 inhabitants and the immediately adjacent
urbanized area of such city or town.
``(E) Multijurisdictional regional planning
organizations; national rural development
partnership
2000
.--In sections 306(a)(23) and 377, the term
`rural area' means--
``(i) all the territory of a State that is
not within the boundary of any standard
metropolitan statistical area; and
``(ii) all territory within any standard
metropolitan statistical area 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.
``(F) Rural entrepreneurs and microenterprise
assistance program; National rural cooperative and
business equity fund.--In section 378 and subtitle G,
the term `rural area' means an area that is located--
``(i) outside a standard metropolitan
statistical area; or
``(ii) within a community that has a
population of 50,000 inhabitants or less.''.
(b) Conforming Amendments.--
(1) Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) is amended by striking
paragraph (7).
(2) Section 381A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
SEC. 638. 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 an 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 elsewhere, 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 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.
``(13) 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.
``(14) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Rural Business-Cooperat
2000
ive
Service.
``(15) Training and technical assistance.--
``(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.
``(16) Tribal government.--The term `tribal government'
means the governing body of an Indian tribe.
``(b) Establishment.--
``(1) In general.--From amounts made available under
subsection (h), the Secretary shall 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.
``(h) 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 $10,000,000, to remain available until
expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.''.
SEC. 639. 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 638) 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 legislative and administrative 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 t
2000
he
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 not more than 20 percent of the cost of a program
described in subsection (a).
``(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 is authorized to be
appropriated to carry out this section $25,000,000 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) Release.--Funds reserved under
clause (i) for a fiscal year shall be reserved
only until April 1 of the fiscal year.''.
SEC. 640. 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 section 639(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) Release.--Funds reserved under
clause (i) for a fiscal year shall be reserved
only until April 1 of the fiscal year.''.
SEC. 641. RURAL TELEWORK.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) (as amended by section 639(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
subsection (b).
``(3) 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 a grant to an
eligible organization to pay the Federal share of the cost of
establishing and operating a national 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 grant.--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 grant
under this subsection.
``(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 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 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
resource
2000
s 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 50 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) 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 of fiscal
years 2002 through 2006, of which $5,000,000 shall be provided to
establish an institute under subsection (b).''.
SEC. 642. HISTORIC BARN PRESERVATION.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) (as amended by section 641) 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) 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.
``(3) 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.
``(4) Secretary.--The term `Secretary' means the Secretary,
acting through the Undersecretary of Rural Development.
``(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. 643. GRANTS FOR EMERGENCY WEATHER RADIO TRANSMITTERS.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) (as amended by section 642)) is amended by adding
at the end the following:
``SEC. 379D. GRANTS FOR EMERGENCY WEATHER RADIO TRANSMITTERS.
``(a) In General.--The Secretary, acting through the Administrator
of the Rural Utilities Service, may make grants to public and nonprofit
entities for the Federal share of the cost of acquiring radio
transmitters to increase coverage of rural areas by the emergency
weather radio broadcast system of the National Oceanic and Atmospheric
Administration.
``(b) Eligibility.--To be eligible for a grant under this section,
an applicant shall provide to the Secretary--
``(1) a binding commitment from a tower owner to place the
transmitter on a tower; and
``(2) a description of how the tower placement will
increase coverage of a rural area by the emergency weather
radio broadcast system of the National Oceanic and Atmospheri
2000
c
Administration.
``(c) Federal Share.--A grant provided under this section shall be
not more than 75 percent of the cost of acquiring a radio transmitter
described in subsection (a).
``(d) Authorization.--There is authorized to be appropriated to
carry out this section $2,000,000 for each of fiscal years 2002 through
2006.''.
SEC. 644. BIOENERGY AND BIOCHEMICAL PROJECTS.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) (as amended by section 643) is amended by adding
at the end the following:
``SEC. 379E. BIOENERGY AND BIOCHEMICAL PROJECTS.
``In carrying out rural development loan, loan guarantee, and grant
programs under this title, the Secretary shall provide a priority for
bioenergy and biochemical projects.''.
SEC. 645. 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. 646. 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.--
``(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 381A(1).
``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), subsection
(e)(4)(B)(ii), and section 386D(b), 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 b
2000
e 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 project 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 (d)(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 (d)(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. 647. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
The Consolidated Farm and Rural Development Act (as amended by
section 646) is amended by adding at the end the following:
``Subtitle K--Northern Great Plains Regional Authority
``SEC. 387A. DEFINITIONS.
``In this subtitle:
``(1) Authority.--The term `Authority' means the Northern
Great Plains Regional Authority established by section 387B.
``(2) Federal grant program.--The term `Federal grant
program' means a Federal grant program to provide assistance
in--
``(A) acquiring or developing land;
``(B) constructing or equipping a highway, road,
bridge, or facility; or
``(C) carrying out other economic development
activities.
``(3) Region.--The term `region' means the States of Iowa,
Minnesota, Nebraska, North Dakota, and South Dakota.
``SEC. 387B. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
``(a) Establishment.--
``(1) In general.--There is established the Northern Great
Plains Regional Authority.
``(2) Composition.--The Authority shall be composed of--
``(A) a Federal membe
2000
r, 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 (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 Feder
2000
al 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 participate 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 c
2000
onflict 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 distressed and
underdeveloped areas that lack financial resources for
improving basic public services;
``(4) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
equipping industrial parks and related facilities; and
``(5) to otherwise achieve the purposes of this subtitle.
``(b) Funding.--
``(1) In general.--Funds for grants under subsection (a)
may be provided--
``(A) entirely from appropriations to carry out
this section;
``(B) in combination with funds available under
another Federal 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
2000
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 used Federal
grant funds from any Federal source, was an officer of
the other entity.
``(b) Grants to Local Development Districts.--
``(1) In general.--The Authority may make grants for
administrative expenses under this section.
``(2) Conditions for grants.--
``(A) Maximum amount.--The amount of any grant
awarded under paragraph (1) shall not exceed 80 percent
of the administrative expenses of the local development
district receiving the grant.
``(B) Maximum period.--No grant described in
paragraph (1) shall be awarded to a State agency
certified as a local development district for a period
greater than 3 years.
``(C) Local share.--The contributions of a local
development district for administrative expenses may be
in cash or in kind, fairly evaluated, including space,
equipment, and services.
``(c) Duties of Local Development Districts.--A local development
district shall--
``(1) operate as a lead organization serving multicounty
areas in the region at the local level; and
``(2) serve as a liaison between State 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
2000
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 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) notwith
2000
standing 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 amended
by striking paragraph (1) and inserting the following:
``(1) Critical emerging issues.--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 address critical emerging agricultural issues
related to--
``(A) future food production;
``(B) environmental quality and natural resource
management; or
``(C) farm income.''.
(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. BIOENERGY AND BIOCHEMICAL PROJECTS.
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. BIOENERGY AND BIOCHEMICAL PROJECTS.
``In carrying out rural electric loan, loan guarantee, and grant
programs under this Act, the Secretary shall provide a priority for
bioenergy and biochemical projects.''.
SEC. 662. 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 shall
guarantee payments on bonds or notes issued by cooperative or other
lenders organized on a not-for-profit basis if the proceeds of the
bonds or notes are used for electrification or telephone projects
eligible for assistance under this Act, including the refinancing of
bonds or notes issued for such projects.
``(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 principal amount of such guaranteed
bonds or notes outstanding of the lender would exceed the
principal 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;
``(B) the bond or note issued by the lender is not
of reasonable and sufficient quality; or
``(C) the lender has not provided sufficient
evidence that the proceeds of the bond or note are used
for eligible projects described in subsection (a).
``(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) made by the lender for
electrification or telephone projects that are
eligible for assistance under this Act; and
``(ii) made concurrently with a loan
approved by the Secretary under this Act for
such a project, as provided in section 307.
``(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 an annual fee paid for the
guarantee of a bond or note under this section shall be equal
to 30 basis points of the amount of the unpaid principal of the
bond or note 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) Limitation.--To ensure that the Secretary has the
resources necessary to properly examine the proposed
guarantees, the Secretary may lim
2000
it the number of guarantees
issued under this section if the number of such guarantees
exceeds 5 per year.
``(3) Department opinion.--On the timely 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.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this section.
``(2) Fees.--To the extent that the amount of funds
appropriated for a fiscal year under paragraph (1) are not
sufficient to carry out this section, the Secretary may use up
to \1/3\ of the fees collected under subsection (c) for the
cost of providing guarantees of bonds and notes under this
section before depositing the remainder of the fees into the
rural economic development subaccount maintained under section
313(b)(2)(A).
``(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. 663. 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.''.
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, Extension, 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--
``(A) the Commonwealth of Puerto Rico;
``(B) Guam;
``(C) American Samoa;
``(D) the Commonwealth of the Northern Mariana
Islands;
``(E) the Federated States of Micronesia;
``(F) the Republic of the Marshall Islands;
``(G) the Republic of Palau; and
``(H) 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--
``(A) a State;
``(B) the District of Columbia; and
``(C) 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--
(1) the Federated States of Micronesia;
(2) the Republic of the Marshall Islands; or
(3) 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. COMPETITIVE RESEARCH FACILITIES GRANT PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1417 (7 U.S.C. 3152)
the following:
``SEC. 1417A. COMPETITIVE RESEARCH FACILITIES GRANT PROGRAM.
``(a) Authority.--The Secretary may award grants to eligible
institutions on a competitive basis for the construction, acquisition,
modernization, renovation, alteration, and remodeling of food and
agricultural research facilities such as buildings, laboratories, and
other capital facilities (including acquisition of fixtures and
equipment) in accordance with this section.
``(b) Eligible Institutions.--The following institutions are
eligible to compete for grants under subsection (a):
``(1) A State cooperative institution.
``(2) A Hispanic-serving institution.
``(c) Criteria for Award.--The Secretary shall award grants to
support the national research purposes specified in section 1402 in a
manner determined by the Secretary.
``(d) Matching.--
``(1) In general.--The Secretary may establish such
matching requirements for grants under subsection (a) as the
Secretary considers appropriate.
``(2) Form of match.--Matching requirements established by
the Secretary may be met with unreimbursed indirect costs and
in-kind contributions.
``(3) Evaluation preference.--The Secretary may include an
evaluation preference
2000
for projects for which the applicant
proposes funds for the direct costs of a project to meet the
required match.
``(e) Targeted Institutions.--The Secretary may determine that a
portion of funds made available to carry out this section shall be
targeted to particular eligible institutions to enhance the capacity of
the eligible institutions to carry out research.
``(f) Administration.--
``(1) Regulations.--The Secretary shall promulgate such
regulations as are necessary to carry out this section.
``(2) States with more than 1 eligible institution.--In a
State having more than 1 eligible institution, the Secretary
shall establish procedures in accordance with the purposes
specified in section 1402 to ensure that the facility proposals
of the eligible institutions in the State provide for a
coordinated food and agricultural research program among
eligible institutions in the State.
``(g) Applicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of the
Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not
apply to a panel or board created solely for the purpose of reviewing
applications or proposals submitted under this section.
``(h) Advisory Board.--In carrying out this section, the Secretary
shall consult with the Advisory Board.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2002 through 2006.''.
SEC. 705. 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. 706. 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. 707. 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. 708. 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. 709. 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. 710. 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. 711. 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. 712. 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. 713. 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. 714. 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 all that follows and
inserting ``the 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.--Subsection (a) shall not apply to a grant awarded
competitively under section 9 of the Small Business Act (15 U.S.C.
638).''.
SEC. 715. 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 Amount.--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 $50,000,000 for each of fiscal
years 2002 through 2006.''.
SEC. 716. AGRICULTURAL RESEARCH PROGRAMS.
Section 1463 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.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. 717. 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 2002 through 2006.''.
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
2000
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''.
SEC. 723. BIOSECURITY PLANNING AND RESPONSE PROGRAMS.
(a) In General.--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--Biosecurity
``CHAPTER 1--AGRICULTURE INFRASTRUCTURE SECURITY
``SEC. 1484. DEFINITIONS.
``In this chapter:
``(1) Agricultural research facility.--The term
`agricultural research facility' means a facility--
``(A) at which agricultural research is regularly
carried out or proposed to be carried out; and
``(B) that is--
``(i)(I) an Agricultural Research Service
facility;
``(II) a Forest Service facility; or
``(III) an Animal and Plant Health
Inspection Service facility;
``(ii) a Federal agricultural facility in
the process of being planned or being
constructed; or
``(iii) any other facility under the full
control of the Secretary.
``(2) Commission.--The term `Commission' means the
Agriculture Infrastructure Security Commission established
under section 1486.
``(2) Fund.--The term `Fund' means the Agriculture
Infrastructure Security Fund Account established by section
1485.
``SEC. 1485. AGRICULTURE INFRASTRUCTURE SECURITY FUND.
``(a) Establishment.--There is established in the Treasury of the
United States an account, to be known as the `Agriculture
Infrastructure Security Fund Account', consisting of funds appropriated
to, or deposited into, the Fund under subsection (c).
``(b) Purposes.--The purposes of the Fund are to provide funding to
protect and strengthen the Federal food safety and agricultural
infrastructure that--
``(1) safeguards against animal and plant diseases and
pests;
``(2) ensures the safety of the food supply; and
``(3) ensures sound science in support of food and
agricultural policy.
``(c) Deposits Into Fund.--
``(1) In general.--There are authorized to be appropriated
to the Fund such sums as are necessary for each of fiscal years
2002 through 2006.
``(2) Contributions and other proceeds.--The Secretary
shall deposit into the Fund any funds received--
``(A) as proceeds from the sale of assets under
subsection (e); or
``(B) as gifts under subsection (f).
``(3) Availability of funds.--Amounts in the Fund shall
remain available until expended without further Act of
appropriation.
``(4) Additional funds.--Funds made available under
paragraph (1) shall be in addition to funds otherwise available
to the Secretary to receive gifts and bequests or dispose of
property (real, personal, or intangible).
``(d) Expenditures From Fund.--
``(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, and the Secretary shall accept
and use without further appropriation, such amounts as the
Secretary determines to be necessary to pay--
``(A) the costs of planning, design, development,
construction, acquisition, modernization, leasing, and
disposal of facilities, equipment, and technology used
by the Department in carrying out programs relating to
the purposes specified in subsection (b),
notwithstanding the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.) or any
other law that prescribes procedures for the
procurement, use, or disposal of property or services
by a Federal agency;
``(B) the costs of specialized services relating to
the purposes specified in subsection (b);
``(C) the costs of cooperative arrangements
authorized to be entered into (notwithstanding chapter
63 of title 31, United States Code) with State, local
and tribal governments, and other public and private
entitie
2000
s, to carry out programs relating to the
purposes specified in subsection (b); and
``(D) administrative costs incurred in carrying out
subparagraphs (A) through (C).
``(2) Limitations.--
``(A) Federal employees.--Amounts in the Fund shall
not be used to create any new full or part-time
permanent Federal employee position.
``(B) Administrative expenses.--Beginning in fiscal
year 2003, not more than 1 percent of the amounts in
the Fund on October 1 of a fiscal year may be used in
the fiscal year for administrative expenses of the
Secretary in carrying out the activities described in
paragraph (1).
``(e) Sale of Assets.--
``(1) Disposal authority.--Notwithstanding the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.), the Secretary by sale may dispose of all or any part
of any right or title in land (excluding National Forest System
land), facilities, or equipment in the full control of the
Department (including land and facilities at the Beltsville
Agricultural Research Center) used for the purposes specified
in subsection (b).
``(2) Disposition of proceeds.--Proceeds from any sale
conducted by the Secretary under paragraph (1) shall be
deposited into the Fund in accordance with subsection
(c)(2)(A).
``(f) Gifts.--
``(1) In general.--To carry out the purposes specified in
subsection (b), the Secretary may accept gifts and bequests of
funds, property (real, personal, and intangible), equipment,
services, and other in-kind contributions from State, local,
and tribal governments, colleges and universities, individuals,
and other public and private entities.
``(2) Prohibited source.--
``(A) In general.--For the purposes of this
subsection, the Secretary shall not consider a State or
local government, Indian tribe (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)), other public entity,
or college or university, to be a prohibited source
under any Department rule or policy that prohibits the
acceptance of gifts from individuals and entities that
do business with the Department.
``(B) Exception.--Notwithstanding any Department
rule or policy that prohibits the acceptance of gifts
by the Department from individuals or private entities
that do business with the Department or that, for any
other reason, are considered to be prohibited sources,
the Secretary may accept gifts under this subsection if
the Secretary determines that it is in the public
interest to accept the gift.
``(3) Disposition of gifts.--The Secretary shall deposit
any gift of funds under this subsection into the Fund in
accordance with subsection (c)(2)(B).
``SEC. 1486. AGRICULTURE INFRASTRUCTURE SECURITY COMMISSION.
``(a) Establishment.--The Secretary shall establish a commission to
be known as the `Agriculture Infrastructure Security Commission' to
carry out the duties described in subsection (f).
``(b) Membership.--
``(1) Appointment.--
``(A) Voting members.--
``(i) In general.--The Commission shall be
composed of 15 voting members, appointed by the
Secretary in accordance with clause (ii), based
on nominations solicited from the public.
``(ii) Qualifications.--The Secretary shall
appoint members that--
``(I) represent a balance of the
public and private sectors; and
``(II) have combined expertise in--
``(aa) facilities
development, modernization,
construction, security,
consolidation, and closure;
``(bb) plant diseases and
pests;
``(cc) animal diseases and
pests;
``(dd) food safety;
``(ee) biosecurity;
``(ff) the needs of farmers
and ranchers;
``(gg) public health;
``(hh) State, local, and
tribal government; and
``(ii) any other area
related to agriculture
infrastructure security, as
determined by the Secretary.
``(B) Nonvoting members.--The Commission shall be
composed of the following nonvoting members:
``(i) The Secretary.
``(ii) 4 representatives appointed by the
Secretary of Health and Human Services, 1 each
from--
``(I) the Public Health Service;
``(II) the National Institutes of
Health;
``(III) the Centers for Disease
Control and Prevention; and
``(IV) the Food and Drug
Administration.
``(iii) 1 representative appointed by the
Attorney General.
``(iv) 1 representative appointed by the
Director of Homeland Security.
``(v) Not more than 4 representatives of
the Department appointed by the Secretary.
``(2) Date of appointment.--The appointment of each member
of the Commission shall be made not later than 90 days after
the date of enactment of this subtitle.
``(c) Term; Vacancies.--
``(1) Term.--The term of office of a member of the
Commission shall be 4 years, except that the members initially
appointed shall be appointed to serve staggered terms (as
determined by the Secretary).
``(2) Vacancies.--A vacancy on the Commission shall be
filled in the same manner as the original appointment was made.
``(d) Meetings.--
``(1) In general.--The Commission shall meet at the call
of--
``(A) the Chairperson;
``(B) a majority of the voting members of the
Commission; or
``(C) the Secretary.
``(2) Federal advisory committee act.--
``(A) In general.--The Federal Advisory Committee
Act (5 U.S.C. App.) and title XVIII of the Food and
Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall
not apply to the Commission.
``(B) Open meetings; records.--Subject to
subparagraph (C)--
``(i) a meeting of the Commission shall
be--
``(I) publicly announced in
2000
advance; and
``(II) open to the public; and
``(ii) the Commission shall--
``(I) keep detailed minutes of each
meeting and other appropriate records
of the activities of the Commission;
and
``(II) make the minutes and records
available to the public on request.
``(C) Exception.--When required in the interest of
national security--
``(i) the Chairperson may choose not to
give public notice of a meeting;
``(ii) the Chairperson may close all or a
portion of any meeting to the public, and the
minutes of the meeting, or portion of a
meeting, shall not be made available to the
public; and
``(iii) by majority vote, the Commission
may redact the minutes of a meeting that was
open to the public.
``(e) Chairperson.--The Secretary shall select a Chairperson from
among the voting members of the Commission.
``(f) Duties.--
``(1) In general.--The Commission shall--
``(A) advise the Secretary on the uses of the Fund;
``(B) review all agricultural research facilities
for--
``(i) research importance; and
``(ii) importance to agriculture
infrastructure security;
``(C) identify any agricultural research facility
that should be closed, realigned, consolidated, or
modernized to carry out the research agenda of the
Secretary and protect agriculture infrastructure
security;
``(D) develop recommendations concerning
agricultural research facilities; and
``(E)(i) evaluate the agricultural research
facilities acquisition and modernization system
(including acquisitions by gift, grant, or any other
form of agreement) used by the Department; and
``(ii) based on the evaluation, recommend
improvements to the system.
``(2) Strategic plan.--To assist the Commission in carrying
out the duties described in paragraph (1), the Commission shall
use the 10-year strategic plan prepared by the Strategic
Planning Task Force established under section 4 of the Research
Facilities Act (7 U.S.C. 390b).
``(3) Report.--
``(A) In general.--Not later than 240 days after
the date of enactment of this subtitle, and each June 1
thereafter, the Commission shall prepare and submit to
the Secretary, the Committee on Agriculture and the
Committee on Appropriations of the House of
Representatives, and the Committee on Agriculture,
Nutrition, and Forestry and the Committee on
Appropriations of the Senate, a report on the findings
and recommendations under paragraph (1).
``(B) Written response.--Not later than 90 days
after the date of receipt of a report from the
Commission under subparagraph (A), the Secretary shall
provide to the Commission a written response concerning
the manner and extent to which the Secretary will
implement the recommendations in the report.
``(C) Public availability.--
``(i) In general.--Subject to clause (ii),
the report submitted by the Commission, and any
response made by the Secretary, under this
subsection shall be available to the public.
``(ii) Exception.--
``(I) National security.--The
Commission or the Secretary may
determine that any report or response,
or any portion of a report or response,
shall not be publicly released in the
interest of national security.
``(II) Freedom of information
act.--On such a determination, the
report or response, a portion of the
report or response, or any records
relating to the report or response,
shall not be released under section 552
of title 5, United States Code.
``(g) Commission Personnel Matters.--
``(1) Compensation of members.--
``(A) Non-federal employees.--A voting member of
the Commission who is not a regular full-time employee
of the Federal Government shall, while attending
meetings of the Commission or otherwise engaged in the
business of the Commission (including travel time), be
entitled to receive compensation at a rate fixed by the
Secretary, but not exceeding the daily equivalent of
the annual rate specified at the time of such service
under GS-15 of the General Schedule established under
section 5332 of title 5, United States Code.
``(B) Travel expenses.--A voting member of the
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of
chapter 57 of title 5, United States Code, while away
from the home or regular place of business of the
member in the performance of the duties of the
Commission.
``(2) Staff.--The Secretary shall provide the Commission
with any personnel and other resources as the Secretary
determines appropriate.
``(h) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section such
sums as are necessary for each of fiscal years 2002 through
2006.
``(2) Agriculture infrastructure security fund.--For the
purpose of establishing the Commission, the Secretary shall use
such sums from the Fund as the Secretary determines to be
appropriate.
``CHAPTER 2--OTHER BIOSECURITY PROGRAMS
``SEC. 1487. 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 each of fiscal years 2002 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 (including through competitive grants) necessary--
``(1) to reduce the vulnerability of the United States food
and agricultural system to chemical or biological attack;
``(2) to continue joint research initiatives between the
Agricultural Research Service, universities, and industry on
2000
counterbioterrorism efforts (including continued funding of a
consortium in existence on the date of enactment of this
subtitle of which the Agricultural Research Service and
universities are members);
``(3) to make competitive grants to universities and
qualified research institutions for research on
counterbioterrorism; and
``(4) to counter or otherwise respond to chemical or
biological attack.
``SEC. 1488. AGRICULTURE BIOTERRORISM RESEARCH FACILITIES.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction' includes--
``(A) the construction of new buildings; and
``(B) the expansion, renovation, remodeling, and
alteration of existing buildings.
``(2) Cost.--
``(A) In general.--The term `cost' means any
construction cost, including architects' fees.
``(B) Exclusions.--The term `cost' does not include
the cost of--
``(i) acquiring land or an interest in
land; or
``(ii) constructing any offsite
improvement.
``(3) Eligible entity.--The term `eligible entity' means a
college or university that--
``(A) is a land grant college or university (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)); and
``(B) as determined by the Secretary, has--
``(i) demonstrated expertise in the area of
animal and plant diseases;
``(ii) substantial animal and plant
diagnostic laboratories; and
``(iii) well-established working
relationships with--
``(I) the agricultural industry;
and
``(II) farm and commodity
organizations.
``(b) Modernization and Construction of Facilities.--
``(1) In general.--To enhance the security of agriculture
in the United States against threats posed by bioterrorism, the
Secretary shall make construction grants, on a competitive
basis, to eligible entities.
``(2) Limitation on grants.--An eligible entity shall not
receive grant funds under this section that, in any fiscal
year, exceed $10,000,000.
``(c) Requirements for Grants.--
``(1) In general.--The Secretary shall make a grant to an
eligible entity under this section only if, with respect to any
facility constructed using grant funds, the eligible entity--
``(A) submits to the Secretary, in such form, in
such manner, and containing such agreements,
assurances, and information as the Secretary may
require, an application for the grant;
``(B) is determined by the Secretary to be
competent to engage in the type of research for which
the facility is proposed to be constructed;
``(C) provides such assurances as the Secretary
determines to be satisfactory that--
``(i) for not less than 20 years after the
date of completion of the facility, the
facility shall be used for the purposes of the
research for which the facility was
constructed, as described in the grant
application;
``(ii) sufficient funds are available to
pay the non-Federal share of the cost of
constructing the facility;
``(iii) sufficient funds will be available,
as of the date of completion of the
construction, for the effective use of the
facility for the purposes of the research for
which the facility was constructed; and
``(iv) the proposed construction--
``(I) will increase the capability
of the eligible entity to conduct
research for which the facility was
constructed; or
``(II) is necessary to improve or
maintain the quality of the research of
the eligible entity;
``(D) meets such reasonable qualifications as may
be established by the Secretary with respect to--
``(i) the relative scientific and technical
merit of the applications, and the relative
effectiveness of facilities proposed to be
constructed, in expanding the quality of, and
the capacity of eligible entities to carry out,
biosecurity research;
``(ii) the quality of the research to be
carried out in each facility constructed;
``(iii) the need for the research
activities to be carried out within the
facility as those activities relate to research
needs of the United States in securing, and
ensuring the safety of, the food supply of the
United States;
``(iv) the age and condition of existing
research facilities of the eligible entity; and
``(v) biosafety and biosecurity
requirements necessary to protect facility
staff, members of the public, and the food
supply; and
``(E) has demonstrated a commitment to enhancing
and expanding the research productivity of the eligible
entity.
``(2) Priority.--In providing grants under this section,
the Secretary shall give priority to an eligible entity that,
as determined by the Secretary, has demonstrated expertise in--
``(A) animal and plant disease prevention;
``(B) pathogen and toxin mitigation;
``(C) cereal disease resistance;
``(D) grain milling and processing;
``(E) livestock production practices;
``(F) vaccine development;
``(G) meat processing;
``(H) pathogen detection and control; or
``(I) food safety.
``(d) Amount of Grant.--The amount of a grant awarded under this
section shall be determined by the Secretary.
``(e) Federal Share.--The Federal share of the cost of any
construction carried out using funds from a grant provided under this
section shall not exceed 50 percent.
``(f) Guidelines.--Not later than 180 days after the date of
enactment of this subtitle, the Secretary shall issue guidelines with
respect to the provision of grants under this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2003 through 2005.''.
(b) Sense of Congress on 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 agenc
2000
ies 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.
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 on the environmental effects of the release of
new genetically modified agricultural products;
``(2) conduct of studies relating to biosafety of
genetically modified agricultural products;
``(3) evaluation of the cost and benefit for development of
an identity preservation system for genetically modified
agricultural products;
``(4) establishment of international partnerships for
research and education on biosafety issues; or
``(5) formation of interdisciplinary teams to renew and
conduct research on the nutritional enhancement and
environmental benefits of genetically modified agricultural
products.''.
SEC. 733. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925) is amended
(1) in subsection (e), by adding at the end the following:
``(25) Animal infectious diseases research and extension.--
``(A) In general.--Research and extension grants
may be made under this section for the purpose of
developing--
``(i) prevention and control methodologies
for animal infectious diseases that impact
trade, including vesicular stomatitis, bovine
tuberculosis, transmissible spongiform
encephalopathy, brucellosis, and E. coli
0157:H7 infection;
``(ii) laboratory tests for quicker
detection of infected animals and presence of
diseases among herds;
``(iii) prevention strategies, including
vaccination programs; and
``(iv) rapid diagnostic techniques for, and
evaluation of, animal disease agents considered
to be risks for agricultural bioterrorism
attack.
``(B) Collaboration.--Research under subparagraph
(A) may be conducted in collaboration with scientists
from the Department, other Federal agencies,
universities, and industry.
``(C) Evaluation of diagnostic techniques and
vaccines.--Any research on or evaluation of diagnostic
techniques and vaccines under subparagraph (A) shall
include evaluation of diagnostic techniques and
vaccines under field conditions in countries in which
the animal disease occurs.
``(26) Program to combat childhood obesity.--Research and
extension grants may be made under this section to consortia of
institutions of higher education that specialize in obesity and
nutrition research to develop and implement effective
strategies to reduce the incidence of childhood obesity.
``(27) Integrated pest management.--Research and extension
grants may be made under this section to land grant colleges
and universities, other Federal agencies, and other interested
persons to coordinate and improve research, education, and
outreach on, and implementation on farms of, integrated pest
management.
``(28) Beef cattle genetics.--
``(A) In general.--Research and extension grants
for beef cattle genetics evaluation research may be
made under this section to institutions of higher
education, or consortia of institutions of higher
education, that--
``(i) have expertise in beef cattle genetic
evaluation research and technology; and
``(ii) have been actively involved, for at
least 20 years, in the estimation and
prediction of progeny differences for
publication and use by seed stock producer
breed associations.
``(B) Priority.--In making grants under
subparagraph (A), the Secretary shall give priority to
proposals to--
``(i) establish and coordinate priorities
for genetic evaluation of domestic beef cattle;
``(ii) consolidate research efforts to
reduce duplication of effort and maximize the
return to beef industry;
``(iii) streamline the process between the
development and adoption of new genetic
evaluation methodologies by the industry;
``(iv) identify new traits and technologies
for inclusion in genetic programs in order to--
``(I) reduce the costs of beef
production; and
``(II) provide consumers with a
high nutritional value, healthy, and
affordable protein source; or
``(v) create decisionmaking tools that
incorporate the increasing number of traits
being evaluated and the increasing amount of
information from DNA technology into genetic
improvement programs, with the goal of
optimizing the overall efficiency, product
quality and safety, and health of the domestic
beef cattle herd resource.''; and
(2) in subsection (h), 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) by inserting after ``Board,'' the following:
``and the National Organic Standards Board,'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(4) determining desirable traits for org
2000
anic commodities
using advanced genomics;
``(5) pursuing classical and marker-assisted breeding for
publicly held varieties of crops and animals optimized for
organic systems;
``(6) identifying marketing and policy constraints on the
expansion of organic agriculture; and
``(7) conducting advanced on-farm research and development
that emphasizes observation of, experimentation with, and
innovation for working organic farms, including research
relating to production and to socioeconomic conditions.''; 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 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7621) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Funding.--
``(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Account to carry out this section--
``(A) on October 1, 1998 and each October 1
thereafter through October 1, 2001, $120,000,000; and
``(B) on October 1, 2002, and each October 1
thereafter through October 1, 2005, $145,000,000.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.''; and
(2) in subsection (e), by adding at the end the following:
``(3) Minority-serving institutions.--The Secretary shall
consider reserving, to the maximum extent practicable, 10
percent of the funds made available to carry out this section
for a fiscal year for grants to minority-serving
institutions.''.
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(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7628(e)) is amended 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''.
SEC. 749. SENIOR SCIENTIFIC RESEARCH SERVICE.
Subtitle B of title VI of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7651 et seq.) is amended by
adding at the end the following:
``SEC. 620. SENIOR SCIENTIFIC RESEARCH SERVICE.
``(a) In General.--There is established in the Department of
Agriculture the Senior Scientific Research Service (referred to in this
section as the `Service').
``(b) Members.--
``(1) In general.--Subject to paragraphs (2) through (4),
the Secretary shall appoint the members of the Service.
``(2) Qualifications.--To be eligible for appointment to
the Service, an individual shall--
``(A) have conducted outstanding research in the
field of agriculture or forestry;
``(B) have earned a doctoral level degree at an
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); and
``(C) meet qualification standards prescribed by
the Director of the Office of Personnel Management for
appointment to a position at level GS-15 of the General
Schedule.
``(3) Number.--Not more than 100 individuals may serve as
members of the Service at any 1 time.
``(4) Other requirements.--
``(A) In general.--Subject to subparagraph (B) and
subsection (d)(2), the Secretary may appoint and employ
a member of the Service without regard to--
``(i) the provisions of title 5, United
States Code, governing appointments in the
competitive service;
``(ii) the provisions of subchapter I of
chapter 35 of title 5, United States Code,
relating to retention preference;
``(iii) the provisions of chapter 43 of
title 5, United States Code, relating to
performance appraisal and performance actions;
``(iv) the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United
States Code, relating to classification and
General Schedule pay rates; and
``(v) the provisions of chapter 75 of title
5, United States Code, relating to adverse
actions.
``(B) Exception.--A member of the Service appointed
and employed by the Secretary under subparagraph (A)
shall have the same right of appeal to the Merit
Systems Protection Board and the same right to file a
complaint with the Office of Special Counsel as an
employee appointed to a position at level GS-15 of the
General Schedule.
``(c) Performance Appraisal System.--The Secretary shall develop a
performance appraisal system for members of the Service that is
designed to--
``(1) provide for the systematic appraisal of the
employment performance of the members; and
``(2) encourage excellence in employ
2000
ment performance by the
members.
``(d) Compensation.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall determine the compensation of members of the Service.
``(2) Limitations.--The rate of pay for a member of the
Service shall--
``(A) not be less than the minimum rate payable for
a position at level GS-15 of the General Schedule; and
``(B) not be more than the rate payable for a
position at level I of the Executive Schedule, unless
the rate is approved by the President under section
5377(d)(2) of title 5, United States Code.
``(e) Retirement Contributions.--
``(1) In general.--On the request of a member of the
Service who was an employee of an institution of higher
education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) immediately prior to appointment
as a member of the Service and who retains the right to
continue to make contributions to the retirement system of the
institution, the Secretary may contribute an amount not to
exceed 10 percent of the basic pay of the member to the
retirement system of the institution on behalf of the member.
``(2) Federal retirement system.--
``(A) In general.--Subject to subparagraph (B), a
member for whom a contribution is made under paragraph
(1) shall not, as a result of serving as a member of
the Service, be covered by, or earn service credit
under, chapter 83 or 84 of title 5, United States Code.
``(B) Annual leave.--Service of a member of the
Service described in subparagraph (A) shall be
creditable for determining years of service under
section 6303(a) of title 5, United States Code.
``(f) Involuntary Separation.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding the provisions of title 5, United States Code,
governing appointment in the competitive service, in the case
of an individual who is separated from the Service
involuntarily and without cause--
``(A) the Secretary may appoint the individual to a
position in the competitive civil service at level GS-
15 of the General Schedule; and
``(B) the appointment shall be a career
appointment.
``(2) Excepted civil service.--In the case of an individual
described in paragraph (1) who immediately prior to appointment
as a member of the Service was not a career appointee in the
civil service or the Senior Executive Service, the appointment
of the individual under paragraph (1)--
``(A) shall be to the excepted civil service; and
``(B) may not exceed a period of 2 years.''.
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 Cooperative Extension Activities.--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 must
have expended on multistate activities, in the
preceding fiscal year, 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, unfeasibility, 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 Research and Extension Activities.--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 must have expended on activities that integrate
cooperative research and extension (referred to in this
section as `integrated activities'), in the preceding
fiscal year, 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, unfeasibili
2000
ty, 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 Requirement 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 ``(a) There'' and inserting the following:
``(a) Authorization of Appropriations.--
``(1) In general.--There'';
(2) by striking the second sentence; and
(3) in the third sentence, by striking ``Beginning''
through ``6 per centum'' 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 15 percent'';
(3) by striking ``Funds
2000
appropriated'' and inserting the
following:
``(3) Uses.--Funds appropriated''; and
(4) by striking ``No more'' and inserting the following:
``(4) Carryover.--No more''.
(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 Agricultural 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)(1) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7612(c)(1)) 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 producers of diverse agricultural
crops and diverse geographic and cultural communities.''.
SEC. 772. TERMINATION OF CERTAIN SCHEDULE A APPOINTMENTS.
(a) Termination.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Agriculture shall terminate
each appointment listed as an excepted position under schedule A of the
General Schedule made by the Secretary to the Federal civil service of
an individual who holds dual government appointments, and who carries
out agricultural extension work in a program at a college or university
eligible to receive funds, under--
(1) the Smith-Lever Act (7 U.S.C. 341 et seq.);
(2) section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221); or
(3) section 208(e) of the District of Columbia Public
Postsecondary Education Reorganization Act (88 Stat. 1428).
(b) Continuation of Certain Federal Benefits.--
(1) In general.--Notwithstanding title 5, United States
Code, and subject to paragraph (2), an individual described in
subsection (a), during the period the individual is employed in
an agricultural extension program described in subsection (a)
without a break in service, shall continue to--
(A) be eligible to participate, to the same extent
that the individual was eligible to participate (on the
day before the date of enactment of this Act), in--
(i) the Federal Employee Health Benefits
Program;
(ii) the Federal Employee Group Life
Insurance Program;
(iii) the Civil Service Retirement System;
(iv) the Federal Employee Retirement
System; and
(v) the Thrift Savings Plan; and
(B) receive Federal Civil Service employment credit
to the same extent that the individual was receiving
such credit on the day before the date of enactment of
this Act.
(2) Limitations.--An individual may continue to be eligible
for the benefits described in paragraph (1) if--
(A) in the case of an individual who remains
employed in the agricultural extension program
described in subsection (a) on the date of the
enactment of this Act, the employing college or
university continues to fulfill the administrative and
financial responsibilities (including making agency
contributions) associated with providing those
benefits, as determined by th
2000
e Secretary of
Agriculture; and
(B) in the case of an individual who changes
employment to a second college or university described
in subsection (a)--
(i) the individual continues to work in an
agricultural extension program described in
subsection (a), as determined by the Secretary
of Agriculture;
(ii) the second college or university--
(I) fulfills the administrative and
financial responsibilities (including
making agency contributions) associated
with providing those benefits, as
determined by the Secretary of
Agriculture; and
(II) within 120 days before the
date of the employment of the
individual, had employed a different
individual described in subsection (a)
who had performed the same duties of
employment; and
(iii) the individual was eligible for those
benefits on the day before the date of
enactment of this Act.
Subchapter B--Land-Grant Institutions in Insular Areas
SEC. 775. DISTANCE EDUCATION GRANTS PROGRAM FOR INSULAR AREA LAND-GRANT
INSTITUTIONS.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3101 et seq.) (as amended by section 723) is
amended by adding at the end the following:
``Subtitle 0--Land Grant Institutions in Insular Areas
``SEC. 1489. 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.''.
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 ``200
2000
2'' and inserting ``2006''.
SEC. 784. COMPETITIVE, SPECIAL, AND 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.
(a) In General.--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.''.
(b) Technical Correction.--Section 524(b) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)) is amended by redesignating the second
paragraph (2) and paragraph (3) as paragraphs (3) and (4),
respectively.
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 appropriation
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 role of the
Agricultural Research 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;
2000
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.--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 provide 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 concentration 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
foundation maintained by a college or university; 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--
(A) limited resource beginning farmers or ranchers
(as defined by the Secretary);
(B) socially disadvantaged beginning farmers or
ranchers (as defined in section 355(e) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e)); and
(C) farmworkers desiring to become 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.
(7) Administrative costs.--The Secretary shall use not more
than 4 percent of the funds made available to carry out this
section for administrative costs incurred by the Secretary in
carrying out this section.
(d) Education Teams.--
(1) In general.--In carrying out this section, the
Secretary shall establish beginning farmer and rancher
education teams to develop curricula and conduct educational
programs and workshops for beginning farmers or ranchers in
diverse geographical areas of the United States.
(2) Curriculum.--In promoting the development of curricula,
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.--
(A) In general.--In carrying out this subsection,
the Secretary shall cooperate, to the maximum extent
practicable, with--
(i) State cooperative extension services;
(ii) Federal and State agencies;
(iii) community-based and nongovernmental
organizations;
(iv) colleges and universities (including
an institution awarding an associate's degree)
or foundations maintained by a college or
university; and
(v) other appropriate partners, as
determined by the Secretary.
(B) Cooperative agreement.--Notwithstanding chapter
63 of title 31, United States Code, the Secretary may
enter into a cooperative agreement to reflect the terms
of any cooperation under subparagraph (A).
(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;
(2) national, State, and local organizations and other
persons with expertise in operating beginning farmer and
rancher programs; and
(3) the Advisory Committee on Beginning Farmers and
Ranchers established under section 5 of the Agricultural Credit
Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102-
554)
2000
.
(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) accept contributions from cooperating
entities under a cooperative agreement entered
into under subsection (d)(4)(B) 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--
(i) be deposited in the account that
incurred the costs to carry out this section;
(ii) be available to the Secretary to carry
out the purposes of the account, 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 fiscal years.
(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.
SEC. 797. SENSE OF CONGRESS REGARDING 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.
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 fiscal years.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
(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 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 fund
2000
s 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, an amendment made by this Act, or any
Act enacted after the date of enactment of this Act, the Secretary
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.
SEC. 798C. ORGANICALLY PRODUCED PRODUCT RESEARCH AND EDUCATION.
Not later than July 1, 2002, the Secretary, shall prepare, in
consultation with the Advisory Committee on Small Farms, and submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, a
report on--
(1) the implementation of the organic rule promulgated
under the Organic Foods Production Act of 1990 (7 U.S.C. 6501
et seq.); and
(2) the impact of the organic rule program on small farms
(as defined by the Advisory Committee on Small Farms).
SEC. 798D. INTERNATIONAL ORGANIC RESEARCH COLLABORATION.
The Secretary, acting through the Agricultural Research Service
(including the National Agriculture Library), shall facilitate access
by research and extension professionals in the United States to, and
the use by those professionals of, organic research conducted outside
the United States.
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 by striking the first sentence and inserting the
following: ``There is authorized to be appropriated to carry
out this Act $30,000,000 for each of fiscal years 2002 through
2006.''.
(2) Termination 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) Farmer or rancher.--The term `farmer or rancher'
means a person engaged in the production of an agricultural
commodity (including livestock).
``(2) 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 51 percent are
farmers or ranchers; and
``(ii) that use sustainable forestry
practices on nonindustrial private forest land
to create a long-term, sustainable income
stream.
``(3) 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 develop and support,
sustainable forestry 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) 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
contained in a management plan that--
``(i) meets the requirements of section
6A(g); and
``(ii) is 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, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.''.
SEC. 806. 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;
2000
(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 nonindustrial private forest land
face increased pressure to make that land available for
development and other uses, resulting in forest land
loss and fragmentation that reduces the ability of
private forest land to provide a full range of societal
benefits;
(H) complex investments in the management of long-
rotation forest stands, including sustainable hardwood
management, are often the most difficult commitments
for owners of nonindustrial private forest land;
(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) 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) Definitions.--In this section:
``(1) Committee.--The term `Committee' means a State Forest
Stewardship Coordinating Committee established under section
19(b).
``(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 sustainable
forest management program established under subsection (b)(1).
``(4) Nonindustrial private forest land.--The term
`nonindustrial private forest land' has the meaning given the
term `nonindustrial private forest lands' in section 5(c).
``(5) Owner.--The term `owner' means an owner of
nonindustrial private forest land.
``(6) State forester.--The term `State forester' means the
director or other head of a State forestry agency (or an
equivalent State official).
``(b) 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, through State foresters, 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, acting through State
foresters, shall implement the program--
``(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 broad range of private sector
interests.
``(c) State Priority Plan.--
``(1) In general.--Subject to paragraph (3), as a condition
of receipt of funding under the program, 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 purposes of the program.
``(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.
``(3) State priorities.--The Secretary shall ensure, to the
maximum extent practicable, that the need for expanded
technical assistance programs for owners is met in the annual
funding priorities of each State described in paragraph (1).
``(d) Purposes.--The Secretary shall allocate resources of the
Secretary among States in accordance with subsection (j) to encourage,
in accordance with the plan of each State described in subsection (c)--
``(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;
2000
``(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.
``(e) 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 program if
the owner--
``(i) develops a management plan in
accordance with subsection (f) 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 the 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
less than 5,000 acres of nonindustrial private forest
land if the Secretary, in consultation with the State
forester, determines that significant public benefits
will accrue as a result of the approval.
``(2) Payment for plan development.--The Secretary, acting
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;
``(B) the stewardship incentives program under
section 6; or
``(C) any conservation program administered by the
Secretary.
``(4) Rate; schedule.--Subject to paragraph (5), the
Secretary, in consultation with the State forester, 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.
``(f) Management Plan.--An owner that seeks to participate in the
program shall--
``(1) submit to the State forester a management plan that--
``(A) meets the requirements of this section; and
``(B)(i) is prepared by, or in consultation with, 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 program 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 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.
``(g) 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 that meets the purposes of
the program described in subsection (d).
``(2) Types of activities.--Approved activities and
practices under paragraph (1) may consist of activities and
practices for--
``(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 restoration of nonindustrial private
forest land affected by invasive species and pests;
``(G) 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 or any other catastrophic event, as determined by
the Secretary;
``(H) the development of management plans;
``(I) the acquisition by the State of permanent
easements to maintain forest cover and protect
important forest values; and
``(J) the conduct of other activities approved by
the Secretary, in consultation with the State forester
and the appropriate Committees.
``(h) Failure To Comply.--
``(1) In general.--The Secretary shall establish a
procedure to recover cost-share payments made under this
section in any case in which the recipient of the payment
fails--
2000
``(A) to implement a project or activity in
accordance with the management plan; or
``(B) comply with any requirement of this section.
``(2) Additional authority.--The authority under paragraph
(1) shall be in addition to, and not in lieu of, any other
authority available to the Secretary.
``(i) Reports.--
``(1) Interim report.--Not later than 2\1/2\ years after
the date on which funds are made available to implement a State
priority plan under subsection (c), 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
on which funds are made available to implement a State priority
plan under subsection (c), 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.
``(j) Distribution.--
``(1) In general.--The Secretary, acting through State
foresters, shall distribute funds available for cost sharing
under the program based on a nationwide funding formula
developed under paragraph (2).
``(2) Formula.--In developing the formula referred to in
paragraph (1), the Secretary shall--
``(A) assess public benefits that would result from
the distribution; and
``(B) consider--
``(i) the total acreage of nonindustrial
private forest land in each State;
``(ii) the potential productivity of that
land, as determined by the Secretary;
``(iii) the number of owners eligible for
cost sharing in each State;
``(iv) 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;
``(v) the anticipated demand for timber and
nontimber resources in each State;
``(vi) the need to improve forest health to
minimize the damaging effects of catastrophic
fire, insects, disease, or weather;
``(vii) the need and demand for
agroforestry practices in each State;
``(viii) the need to maintain and enhance
the forest landbase; and
``(ix) the need for afforestation,
reforestation, and timber stand improvement.
``(k) 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, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.''.
SEC. 807. FOREST FIRE RESEARCH CENTERS.
(a) Findings.--Congress finds that--
(1) there is an increasing threat of fire to millions of
acres of forest land and rangeland throughout the United
States;
(2) this threat is especially great in the interior States
of the western United States, where the Forest Service
estimates that 39,000,000 acres of National Forest System land
are at high risk of catastrophic wildfire;
(3)(A) the degraded condition of forest land and rangeland
is often the consequence of land management practices that
emphasize the control and prevention of fires; and
(B) the land management practices disrupted the occurrence
of frequent low-intensity fires that periodically remove
flammable undergrowth;
(4) as a result of the land management practices--
(A) some forest land and rangeland in the United
States no longer function naturally as ecosystems; and
(B) drought cycles and the invasion of insects and
disease have resulted in vast areas of dead or dying
trees, overstocked stands, and the invasion of
undesirable species;
(5)(A) population movement into wildland-urban interface
areas exacerbate the fire danger;
(B) the increasing number of larger, more intense fires
pose grave hazards to human health, safety, property, and
infrastructure in the areas; and
(C) smoke from wildfires, which contain fine particulate
matter and other hazardous pollutants, pose substantial health
risks to people living in the areas;
(6)(A) the budgets and resources of Federal, State, and
local entities supporting firefighting efforts have been
stretched to their limits;
(B) according to the Comptroller General, the average cost
of attempting to put out fires in the interior West grew by 150
percent, from $134,000,000 in fiscal year 1986 to $335,000,000
in fiscal year 1994; and
(C) the costs of preparedness, including the costs of
maintaining a readiness force to fight fires, rose about 70
percent, from $189,000,000 in fiscal year 1992 to $326,000,000
in fiscal year 1997;
(7) diminishing Federal resources (including the
availability of personnel) have limited the ability of Federal
fire researchers--
(A) to respond to management needs; and
(B) to use technological advancements for analyzing
fire management costs;
(8) the Federal fire research program is funded at
approximately \1/3\ of the amount that is required to address
emerging fire problems, resulting in the lack of a cohesive
strategy to address the threat of catastrophic wildfires; and
(9) there is a critical need for cost-effective investments
in improved fire management technologies.
(b) Forest Fire Research Centers.--The Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.) is
amended by adding at the end the following:
``SEC. 11. FOREST FIRE RESEARCH CENTERS.
``(a) In General.--Subject to the availability of appropriations,
the Secretary of Agriculture, acting through the Chief of the Forest
Service (referred to in this section as the `Secretary') shall
establish at least 2 forest fire research centers at institutions of
higher education (which may include research centers in existence on
the date of enactment of this section) that--
``(1) have expertise in natural resource development; and
``(2) are located in close proximity to other Federal
natural resource, forest management, and land management
ag
2000
encies.
``(b) Locations.--Of the forest fire research centers established
under subsection (a)--
``(1) at least 1 center shall be located in Arizona,
California, New Mexico, Oregon, or Washington; and
``(2) at least 1 center shall be located in Colorado,
Idaho, Montana, Nevada, or Wyoming.
``(c) Duties.--At each of the forest fire research centers
established under subsection (a), the Secretary shall provide for--
``(1) the conduct of integrative, interdisciplinary
research into the ecological, socioeconomic, and environmental
impact of fire control and the use of management of ecosystems
and landscapes to facilitate fire control; and
``(2) the development of mechanisms to rapidly transfer new
fire control and management technologies to fire and land
managers.
``(d) Advisory Committee.--
``(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall establish a committee composed
of fire and land managers and fire researchers to determine the
areas of emphasis and establish priorities for research
projects conducted at forest fire research centers established
under subsection (a).
``(2) Administration.--The Federal Advisory Committee Act
(5 U.S.C. App.) and section 102 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7612)
shall not apply to the committee established under paragraph
(1).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
SEC. 808. WILDFIRE PREVENTION AND HAZARDOUS FUEL PURCHASE PROGRAM.
(a) Findings.--Congress finds that--
(1) the damage caused by wildfire disasters has been
equivalent in magnitude to the damage resulting from the
Northridge earthquake, Hurricane Andrew, and the recent
flooding of the Mississippi River and the Red River;
(2) more than 20,000 communities in the United States are
at risk from wildfire and approximately 11,000 of those
communities are located near Federal land;
(3) the accumulation of heavy forest fuel loads continues
to increase as a result of disease, insect infestations, and
drought, further increasing the risk of fire each year;
(4) modification of forest fuel load conditions through the
removal of hazardous fuels would--
(A) minimize catastrophic damage from wildfires;
(B) reduce the need for emergency funding to
respond to wildfires; and
(C) protect lives, communities, watersheds, and
wildlife habitat;
(5) the hazardous fuels removed from forest land represent
an abundant renewable resource, as well as a significant supply
of biomass for biomass-to-energy facilities;
(6) the United States should invest in technologies that
promote economic and entrepreneurial opportunities in
processing forest products removed through hazardous fuel
reduction activities; and
(7) the United States should--
(A) develop and expand markets for traditionally
underused wood and other biomass as an outlet for
value-added excessive forest fuels; and
(B) commit resources to support planning,
assessments, and project reviews to ensure that
hazardous fuels management is accomplished
expeditiously and in an environmentally sound manner.
(b) Wildfire Prevention and Hazardous Fuel Purchase Program.--The
Cooperative Forestry Assistance Act of 1978 is amended by inserting
after section 6A (as added by section 806(b)) the following:
``SEC. 6B. WILDFIRE PREVENTION AND HAZARDOUS FUEL PURCHASE PROGRAM.
``(a) Definitions.--In this section:
``(1) Biomass-to-energy facility.--The term `biomass-to-
energy facility' means a facility that uses forest biomass or
other biomass as a raw material to produce electric energy,
useful heat, or a transportation fuel.
``(2) Eligible community.--The term `eligible community'
means--
``(A) any town, township, municipality, or other
similar unit of local government (as determined by the
Secretary), or any area represented by a nonprofit
corporation or institution organized under Federal or
State law to promote broad-based economic development,
that--
``(i) has a population of not more than
10,000 individuals;
``(ii) is located within a county in which
at least 15 percent of the total primary and
secondary labor and proprietor income is
derived from forestry, wood products, and
forest-related industries, such as recreation,
forage production, and tourism; and
``(iii) is located adjacent to public or
private forest land, the condition of which
land the Secretary determines poses a
substantial present or potential hazard to the
safety of--
``(I) a forest ecosystem;
``(II) wildlife; or
``(III) in the case of a wildfire,
human, community, or firefighter
safety, in a year in which drought
conditions are present; and
``(B) any county that is not contained within a
metropolitan statistical area that meets the conditions
described in clauses (ii) and (iii) of subparagraph
(A).
``(3) Forest biomass.--The term `forest biomass' means fuel
and biomass accumulation from precommercial thinnings, slash,
and brush on public or private forest land.
``(4) Hazardous fuel.--The term `hazardous fuel' means any
excessive accumulation of forest biomass on public or private
forest land (especially land in an urban-wildland interface
area or in an area that is located near an eligible community
and designated as condition class 2 or 3 under the report of
the Forest Service entitled `Protecting People and Sustainable
Resources in Fire-Adapted Ecosystems', dated October 13, 2000)
that the Secretary determines poses a substantial present or
potential hazard--
``(A) to the safety of a forest ecosystem;
``(B) to the safety of wildlife; or
``(C) in the case of wildfire in a year in which
drought conditions are present, to human, community, or
firefighter safety.
``(5) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(6) Secretary.--The term `Secretary' means--
``(A) the Secretary of Agriculture (or a designee),
with respect to National Forest System land and private
land in the United States; and
``(B) the Secretary of the Interior (or a designee)
with respect to Federal land under the jurisdiction of
the Secretary of the Interior or an Indian tribe.
``(b) Hazardous Fuel Grant Program.--
``(1) Grants.--
``(A) In general.--Subject to the availability of
2000
appropriations, the Secretary may make grants to
persons that operate biomass-to-energy facilities to
offset the costs incurred by those persons in
purchasing hazardous fuels derived from public and
private forest land adjacent to eligible communities.
``(B) Selection criteria.--The Secretary shall
select recipients for grants under subparagraph (A)
based on--
``(i) planned purchases by the recipients
of hazardous fuels, as demonstrated by the
recipient through the submission to the
Secretary of such assurances as the Secretary
may require; and
``(ii) the level of anticipated benefits of
those purchases in reducing the risk of
wildfires.
``(2) Grant amounts.--
``(A) In general.--A grant under this subsection
shall--
``(i) be based on--
``(I) the distance required to
transport hazardous fuels to a biomass-
to-energy facility; and
``(II) the cost of removal of
hazardous fuels; and
``(ii) be in an amount that is at least
equal to the product obtained by multiplying--
``(I) the number of tons of
hazardous fuels delivered to a grant
recipient; by
``(II) an amount that is at least
$5 but not more than $10 per ton of
hazardous fuels, as determined by the
Secretary taking into consideration the
factors described in clause (i).
``(B) Limitation on individual grants.--
``(i) In general.--Except as provided in
clause (ii), a grant under subparagraph (A)
shall not exceed $1,500,000 for any biomass-to-
energy facility for any fiscal year.
``(ii) Small biomass-to-energy
facilities.--A biomass-to-energy facility that
has an annual production of 5 megawatts or less
shall not be subject to the limitation under
clause (i).
``(3) Monitoring of grant recipient activities.--
``(A) In general.--As a condition of receipt of a
grant under this subsection, a grant recipient shall
keep such records as the Secretary may require,
including records that--
``(i) completely and accurately disclose
the use of grant funds; and
``(ii) describe all transactions involved
in the purchase of hazardous fuels.
``(B) Access.--On notice by the Secretary, the
operator of a biomass-to-energy facility that purchases
and uses hazardous fuels with funds from a grant under
this subsection shall provide the Secretary with--
``(i) reasonable access to the biomass-to-
energy facility; and
``(ii) an opportunity to examine the
inventory and records of the biomass-to-energy
facility.
``(4) Monitoring of effect of treatments.--The Secretary
shall monitor Federal land from which hazardous fuels are
removed and sold to a biomass-to-energy facility under this
subsection to determine and document the reduction in fire
hazards on that land.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $50,000,000 for
each of fiscal years 2002 through 2006.
``(c) Long-Term Forest Stewardship Contracts for Hazardous Fuels
Removal.--
``(1) Annual assessment of treatment acreage.--
``(A) In general.--Subject to the availability of
appropriations, not later than March 1 of each of
fiscal years 2002 through 2006, the Secretary of
Agriculture and the Secretary of Energy shall jointly
submit to Congress an assessment of the number of acres
of Federal forest land recommended to be treated during
the subsequent fiscal year using stewardship end result
contracts authorized by paragraph (3).
``(B) Components.--The assessment shall--
``(i) be based on the treatment schedules
contained in the report entitled `Protecting
People and Sustaining Resources in Fire-Adapted
Ecosystems', dated October 13, 2000, and
incorporated into the National Fire Plan (as
identified by the Secretary);
``(ii) identify the acreage by condition
class, type of treatment, and treatment year to
achieve the restoration goals outlined in the
report within 10-, 15-, and 20-year time
periods;
``(iii) give priority to condition class 3
areas (as described in subsection (a)(4)(A)),
including modifications in the restoration
goals based on the effects of--
``(I) fire;
``(II) hazardous fuel treatments
under the National Fire Plan (as
identified by the Secretary); or
``(III) updates in data;
``(iv) provide information relating to the
type of material and estimated quantities and
range of sizes of material that shall be
included in the treatments;
``(v) describe the management area
prescriptions in the applicable land and
resource management plan for the land on which
the treatment is recommended; and
``(vi) give priority to areas described in
subsection (a)(4)(A).
``(2) Funding recommendation.--The Secretary shall include
in the annual assessment under paragraph (1) a request for
funds sufficient to implement the recommendations contained in
the assessment using stewardship end result contracts described
in paragraph (3) in any case in which the Secretary determines
that the objectives of the National Fire Plan (as identified by
the Secretary) would best be accomplished through forest
stewardship end result contracting.
``(3) Stewardship end result contracting.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary may enter into
stewardship end result contracts to implement the
National Fire Plan (as identified by the Secretary) on
National Forest System land based on the treatment
schedules provided in the annual assessments conducted
under paragraph (1)(B)(i).
``(B) Per
2000
iod of contracts.--The contracting goals
and authorities described in subsections (b) through
(g) of section 347 of the Department of the Interior
and Related Agencies Appropriations Act, 1999 (commonly
known as the `Stewardship End Result Contracting
Demonstration Project') (16 U.S.C. 2104 note; Public
Law 105-277), shall apply to contracts entered into
under this paragraph, except that the period of each
such contract shall not exceed 10 years.
``(C) Status report.--Beginning with the assessment
required under paragraph (1) for fiscal year 2003, the
Secretary shall include in the annual assessment under
paragraph (1) a status report of the stewardship end
result contracts entered into under this paragraph.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.
``(d) Termination of Authority.--The authority provided under this
section shall terminate on September 30, 2006.''.
SEC. 809. 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 Community Fire 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 section 7 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2206), 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, with respect to non-
Federal land described in paragraph (3), carried out through
the State forester or equivalent State official.
``(3) Components.--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;
``(D) community and landowner education
enterprises, including the program known as `FIREWISE';
``(E) market development and expansion;
``(F) improved use of wood products; and
``(G) restoration projects.
``(4) Priority.--In entering into contracts to carry out
projects under the Program, the Secretary shall give priority
to contracts with local persons or entities.
``(c) Authority.--The authority provided under this section shall
be in addition to any authority provided under section 10.
``(d) 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. 810. 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 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 the report of the Forest Service numbered
FS-660 and enti
2000
tled ``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;
(9) 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;
(10) 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;
(11) 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;
(12) 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
(13) 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.--Subject to the availability of
appropriations, 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 community,
nonprofit group, or landowner may receive a grant or other
assistance under this subsection to carry out a State forestry
best management practices program or a watershed forestry
project if the program or project, as determined by the
Secretary--
``(A) is consistent with--
``(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
2000
;
``(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
grants and 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
State forester an application, in such form and
containing such information as the State forester 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.--A State may use a portion of the funds
made available to the State under subsection (e) 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. 811. 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. 812. 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 provides--
``(i) the list of members on the Committee
described in paragraph (1)(B); and
``(ii) for those members that may be
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
th
2000
e 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
have a significant effect 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 the major cash crops of the United States, improving the
livelihoods of hundreds of thousands of family farmers,
ranchers, 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, ranchers, 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 647) is amended by adding at the end the following:
``Subtitle L--Clean Energy
``SEC. 388A. DEFINITIONS.
``In this subtitle:
``(1) Biomass.--
``(A) In general.--The term `biomass' means any
organic material that is available on a renewable or
recurring basis.
``(B) Inclusions.--The term `biomass' includes--
``(i) dedicated energy crops;
``(ii) trees grown for energy production;
``(iii) wood waste and wood residues;
``(iv) plants (including aquatic plants,
grasses, and agricultural crops);
``(v) residues;
``(vi) fibers;
``(vii) animal wastes and other waste
materials; and
``(viii) fats and oils.
``(C) Exclusions.--The term `biomass' does not
include--
``(i) old-growth timber (as determined by
the Secretary);
``(ii) paper that is commonly recycled; or
``(iii) unsegregated garbage.
``(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, as determined by the
Secretary (other than food or feed), that uses biological
products or renewable domestic agricultural materials
(including plant, animal, and marine materials) or forestry
materials.
``(3) Environmentally preferable.--The term
`environmentally preferable', with respect to a biobased
product, refers to a biobased product that has a lesser or
reduced effect on human health and the environment when
compared with competing nonbiobased products that serve the
same purpose.
``(b) Biobased Product Purchasing.--
``(1) Mandatory purchasing requirement for listed biobased
products.--
``(A) In general.--Except as provided in
subparagraph (B), not later than 180 days after the
date of enactment of this subtitle, the head of each
Federal agency shall ensure that, 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 F
2000
ederal agency shall not be required to purchase a
biobased product under subparagraph (A) if the
purchasing employee submits to the Secretary and the
Administrator of 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
with which Federal agencies shall comply in cases of a
conflict between the biobased product purchasing
requirement under subparagraph (A) and a purchasing
requirement under any other provision of law.
``(2) Purchasing of nonlisted biobased products.--The head
of each Federal agency is encouraged to purchase, to the
maximum extent practicable, available biobased products that
are not listed on the list of biobased products published under
subsection (c)(1) when the Federal agency is not required to
purchase a biobased product that is 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 Director of the National
Institute of Standards and Technology, shall publish a
list of biobased products.
``(B) Environmentally preferable biobased
products.--The Secretary shall not include on the list
under paragraph (1) biobased products that are not
environmentally preferable, as determined by the
Secretary.
``(C) Grants.--The Secretary may award grants to,
or enter into contracts or cooperative agreements with,
eligible persons, businesses, or institutions (as
determined by the Secretary) 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 this paragraph.
``(2) Guidance.--Not later than 240 days after the date of
enactment of this subtitle, the Office of Federal Procurement
Policy and Federal Acquisition Regulation Council shall make
the Federal Acquisition Regulation consistent with 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 biobased products and the requirements
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.--The
Secretary shall monitor and take appropriate action regarding
the use of labels under paragraph (1) to ensure that the
biobased products using the labels do not include biobased
products that are not environmentally preferable, as determined
by the Secretary.
``(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 for each
fiscal 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 fiscal year.
``(g) Reports.--As soon as practicable after the end of each fiscal
year, the Secretary and the Office of Federal Procurement Policy shall
jointly submit to Congress an annual report that, for the fiscal 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 established under 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, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
``SEC. 388C. BIOREFINERY DEVELOPMENT GRANTS.
``(a) Purpose.--The purpose of this section is to assist in the
development of new and emerging technologies for the conversion of
biomass into petroleum substitutes, so as to--
``(1) develop transportation and other 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 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).
``(4) 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).
``(c) Grants.--The Secretary shall award 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 biomass to fuels or
chemicals.
``(d) Eligible Entities.--A corporation, farm cooperative,
association of farmers, national laboratory, university, State energy
agency or office, Indian tribe, 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 award grants under
subsection (c) 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) based
2000
on--
``(i) the likelihood that the projects will
demonstrate the commercial viability of a
process for converting biomass to fuels or
chemicals; and
``(ii) the likelihood that the projects
will produce electricity.
``(B) Factors.--The factors to be considered under
subparagraph (A) shall include--
``(i) the potential market for the product
or products;
``(ii) the quantity of petroleum the
product will displace;
``(iii) the level of financial
participation by the applicants;
``(iv) the availability of adequate funding
from other sources;
``(v) the beneficial impact on resource
conservation and the environment;
``(vi) the participation of producer
associations and cooperatives;
``(vii) the timeframe in which the project
will be operational;
``(viii) the potential for rural economic
development; and
``(ix) the participation of multiple
eligible entities.
``(f) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
amount of a grant for a project awarded under subsection (c)
shall not exceed 30 percent of the cost of the project.
``(2) Increased grant amount.--The Secretary may increase
the amount of a grant for a project under subsection (c) to not
more than 50 percent in the case of a project that the
Secretary finds particularly meritorious.
``(3) Form of grantee share.--
``(A) In general.--The grantee 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.
``(B) Limitation.--The amount of the grantee share
of the cost of a project that is made in the form of
the provision of services, material, or other in-kind
contributions shall not exceed 25 percent of the amount
of the grantee share determined under paragraph (1).
``(g) 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, shall accept, and shall use to carry out
this section 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 Federal, State, regional, and local
government entities and private entities that operate vehicle fleets,
other interested entities (as determined by the Secretary), and the
public 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 $5,000,000 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 LOAN AND 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 make loans and loan guarantees and
competitively award grants to assist farmers and ranchers in projects
to establish new, or expand existing, farmer or rancher cooperatives,
or other rural business ventures (as determined by the Secretary), 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;
``(3) increase the quantity 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 51 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 Loans and Grants.--
``(1) Loans.--The amount of a loan made or guaranteed for a
project under subsection (a) shall not exceed $10,000,000.
``(2) Grants.--The amount of a grant made for a project
under subsection (a) shall not exceed $200,000 for a fiscal
year.
``(d) Cost Sharing.--
``(1) In general.--The total amount of loans made or
guaranteed or grants awarded under subsection (a) for a project
shall not exceed 50 percent of the cost of the activity funded
by the loan or grant.
``(2) Form of grantee share.--
``(A) In general.--The grantee share of the cost of
the activity may be made in the form of cash or the
provision of services, material, or other in-kind
contributions.
``(B) Limitation.--The amount of the grantee share
of the cost of an activity that is made in the form of
the provision of services, material, or other in-kind
contributions shall not exceed 25 percent of the amount
of the grantee share, as determined under paragraph
(1).
``(e) Interest Rate.--A loan made or guaranteed under subsection
(a) shall bear an interest rate that does not exceed 4 percent.
``(f) Use of Funds.--
``(1) Permitted uses.--
``(A) Grants.--A recipient of a grant awarded under
subsection (a) may use the grant funds to develop a
business plan or perform a feasibility study to
establish a viable marketing opportunity for renewable
electric energy generation and sale.
``(B) Loans.--A recipient of a loan or loan
guarantee under
2000
subsection (a) may use the loan funds
to 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 loan, loan
guarantee, or grant under subsection (a) shall not use the loan
or grant funds for planning, repair, rehabilitation,
acquisition, or construction of a building.
``(g) 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 $16,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
``(3) Loan and interest subsidies.--In the case of a loan
or loan guarantee under subsection (a), the Secretary shall use
funds under paragraph (1) to pay the cost of loan and interest
subsidies necessary to carry out this section.
``SEC. 388F. ENERGY AUDIT AND RENEWABLE ENERGY DEVELOPMENT PROGRAM.
``(a) In General.--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, and ranchers, and rural small businesses (as determined by the
Secretary) 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) a State energy or agricultural office;
``(2) a regional or State-based energy organization or
energy organization of an Indian tribe (as defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b));
``(3) a land-grant college or university (as defined in
section 1404 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103)) or other
college or university;
``(4) a farm bureau or organization;
``(5) a rural electric cooperative or utility;
``(6) a nonprofit organization; and
``(7) any other entity, as determined by the Secretary.
``(c) Merit Review.--
``(1) Merit review panel.--The Secretary shall establish a
merit review panel to review applications for grants under
subsection (a) that uses 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; 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
that, as a condition to the conduct of the energy audit, the
farmer, rancher, or rural small business 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) Reports.--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 on
the implementation of this section.
``(g) 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, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
``SEC. 388G. LOANS, LOAN GUARANTEES, AND GRANTS TO FARMERS, RANCHERS,
AND RURAL SMALL BUSINESSES FOR RENEWABLE ENERGY SYSTEMS
AND ENERGY EFFICIENCY IMPROVEMENTS.
``(a) In General.--In addition to exercising authority to make
loans and loan guarantees under other law, the Secretary shall make
loans, loan guarantees, and 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, as determined
by the Secretary.
``(c) Cost Sharing.--
``(1) Renewable energy systems.--
``(A) In general.--
``(i) Grants.--The amount of a grant made
under subsection (a) for a renewable energy
system shall not exceed 15 percent of the cost
of the renewable energy system.
``(ii) Loans.--The amount of a loan
2000
made or
guaranteed under subsection (a) for a renewable
energy system shall not exceed 35 percent of
the cost of the renewable energy system.
``(B) Factors.--In determining the amount of a
grant or loan under subparagraph (A), the Secretary
shall take into consideration--
``(i) the type of renewable energy system
to be purchased;
``(ii) the estimated quantity 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.--
``(i) Grants.--The amount of a grant made
under subsection (a) for an energy efficiency
improvement shall not exceed 15 percent of the
cost of the energy efficiency improvement.
``(ii) Loans.--The amount of a loan made or
guaranteed under subsection (a) for an energy
efficiency project shall not exceed 35 percent
of the cost of the energy efficiency
improvement.
``(B) Factors.--In determining the amount of a
grant or loan under subparagraph (A), the Secretary
shall take into consideration--
``(i) the estimated length of time it would
take for the energy savings generated by the
improvement to equal the cost of the
improvement;
``(ii) the amount of energy savings
expected to be derived from the improvement;
and
``(iii) other factors as appropriate.
``(d) Interest Rate.--A loan made or guaranteed under subsection
(a) shall bear interest at a rate not exceeding 4 percent.
``(e) Energy Audit and Renewable Energy Development Program.--
``(1) Preference.--In making loans, loan guarantees, and
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 funds made available to carry out
this section for each of fiscal years 2002 through 2006 to
participants in the energy audit and renewable energy
development program under section 388F.
``(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 $33,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
``(3) Loan and interest subsidies.--In the case of a loan
or loan guarantee under subsection (a), the Secretary shall use
funds under paragraph (1) to pay the cost of loan and interest
subsidies necessary to carry out this section.
``SEC. 388H. HYDROGEN AND FUEL CELL TECHNOLOGIES PROGRAM.
``(a) In General.--The Secretary of Agriculture, in consultation
with the Secretary of Energy, shall establish a program under which the
Secretary of Agriculture shall competitively award grants to, or enter
into contracts or cooperative agreements with, eligible entities for--
``(1) projects to demonstrate the use of hydrogen
technologies and fuel cell technologies in farm, ranch, and
rural applications; and
``(2) as appropriate, studies of the technical,
environmental, and economic viability, in farm, ranch, and
rural applications, of innovative hydrogen and fuel cell
technologies not ready for demonstration.
``(b) Eligible Entities.--Under subsection (a), the Secretary may
make a grant to or enter into a contract or cooperative agreement
with--
``(1) a Federal research agency;
``(2) a national laboratory;
``(3) a college or university or a research foundation
maintained by a college or university;
``(4) a private research organization with an established
and demonstrated capacity to perform research or technology
transfer;
``(5) a State agricultural experiment station; or
``(6) an individual.
``(c) 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- or ranch-sized systems.
``(d) Cost Sharing.--The amount of financial assistance provided
for a project under a grant, contract, or cooperative agreement under
subsection (a) shall not exceed 50 percent of the cost of the project.
``(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, 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, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
``SEC. 388I. TECHNICAL ASSISTANCE FOR FARMERS AND RANCHERS TO DEVELOP
RENEWABLE ENERGY RESOURCES.
``(a) In General.--The Secretary, acting through the Cooperative
State Research, Education, and Extension Service in consultation with
the Natural Resources Conservation Service, regional biomass programs
under the Department of Energy, and other entities as appropriate, may
provide for education and technical assistance to farmers and ranchers
for the development and marketing of renewable energy resources.
``(b) Administrative Expenses.--The Secretary may retain up to 4
percent of the amounts made available for each fiscal year to carry out
this section to pay administrative expenses incurred in carrying out
this section.
``CHAPTER 3--CARBON SEQUESTRATION RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM
``SEC. 388J. RESEARCH.
``(a) Basic Research.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall carry out research to
promote understanding of--
``(A) the net sequestration of organic carbon in
soils and plants (including trees); and
``(B) net emissi
2000
ons of other greenhouse gases from
agriculture.
``(2) Agricultural research service.--The Secretary, acting
through the Agricultural Research Service, shall collaborate
with other Federal agencies in developing data and carrying out
research addressing carbon losses and gains in soils and plants
(including trees) and net emissions of methane and nitrous
oxide from cultivation and animal management activities.
``(3) Cooperative state research, education, and extension
service.--
``(A) In general.--The Secretary, acting through
the Cooperative State Research, Education, and
Extension Service, shall establish a competitive grant
program to carry out research on the matters described
in paragraph (1) by eligible entities.
``(B) Eligible entities.--Under subparagraph (A),
the Secretary may make a grant to--
``(i) a Federal research agency;
``(ii) a national laboratory;
``(iii) a college or university or a
research foundation maintained by a college or
university;
``(iv) a private research organization with
an established and demonstrated capacity to
perform research or technology transfer;
``(v) a State agricultural experiment
station; or
``(vi) an individual.
``(C) Consultation on research topics.--Before
issuing a request for proposals for basic research
under paragraph (1), the Cooperative State Research,
Education, and Extension Service shall consult with the
Agricultural Research Service and the Forest Service to
ensure that proposed research areas are complementary
with and do not duplicate other research projects
funded by the Department or other Federal agencies.
``(D) Administrative expenses.--The Secretary may
retain up to 4 percent of the amounts made available
for each fiscal year to carry out this subsection to
pay administrative expenses incurred in carrying out
this subsection.
``(b) Applied Research.--
``(1) In general.--The Secretary shall carry out applied
research in the areas of soil science, agronomy, agricultural
economics, forestry, and other agricultural sciences to--
``(A) promote understanding of--
``(i) how agricultural and forestry
practices affect the sequestration of organic
and inorganic carbon in soils and plants
(including trees) and net emissions of other
greenhouse gases;
``(ii) how changes in soil carbon pools in
soils and plants (including trees) are cost-
effectively measured, monitored, and verified;
and
``(iii) how public programs and private
market approaches can be devised to incorporate
carbon sequestration in a broader societal
greenhouse gas emission reduction effort;
``(B) develop methods for establishing baselines
for measuring the quantities of carbon and other
greenhouse gases sequestered; and
``(C) evaluate leakage and performance issues.
``(2) Requirements.--To the maximum extent practicable,
applied research under paragraph (1) shall--
``(A) use existing technologies and methods; and
``(B) provide methodologies that are accessible to
a nontechnical audience.
``(3) Minimization of adverse environmental impacts.--All
applied research under paragraph (1) shall be conducted with an
emphasis on minimizing adverse environmental impacts.
``(4) Natural resources and the environment.--The
Secretary, acting through the Natural Resources Conservation
Service and the Forest Service, shall collaborate with other
Federal agencies in developing new measuring techniques and
equipment or adapting existing techniques and equipment to
enable cost-effective and accurate monitoring and verification,
for a wide range of agricultural and forestry practices, of--
``(A) changes in carbon content in soils and plants
(including trees); and
``(B) net emissions of other greenhouse gases.
``(5) Cooperative state research, education, and extension
service.--
``(A) In general.--The Secretary, acting through
the Cooperative State Research, Education, and
Extension Service and the Forest Service, shall
establish a competitive grant program to encourage
research on the matters described in paragraph (1) by
eligible entities.
``(B) Eligible entities.--Under subparagraph (A),
the Secretary may make a grant to--
``(i) a Federal research agency;
``(ii) a national laboratory;
``(iii) a college or university or a
research foundation maintained by a college or
university;
``(iv) a private research organization with
an established and demonstrated capacity to
perform research or technology transfer;
``(v) a State agricultural experiment
station; or
``(vi) an individual.
``(C) Consultation on research topics.--Before
issuing a request for proposals for applied research
under paragraph (1), the Cooperative State Research,
Education, and Extension Service and the Forest Service
shall consult with the Natural Resources Conservation
Service and the Agricultural Research Service to ensure
that proposed research areas are complementary with and
do not duplicate research projects funded by the
Department of Agriculture or other Federal agencies.
``(D) Administrative expenses.--The Secretary,
acting through the Cooperative State Research,
Education, and Extension Service, may retain up to 4
percent of the amounts made available for each fiscal
year to carry out this subsection to pay administrative
expenses incurred in carrying out this subsection.
``(c) Research Consortia.--
``(1) In general.--The Secretary may designate not more
than 2 research consortia to carry out research projects under
this section, with the requirement that the consortia propose
to conduct basic research under subsection (a) and applied
research under subsection (b) .
``(2) Selection.--The consortia shall be selected on a
competitive basis by the Cooperative State Research, Education,
and Extension Service.
``(3) Eligible consortium participants.--Entities eligible
to participate in a consortium include--
``(A) a land-grant college or university (as
defined in section 1404 of the National Agricultural
Rese
2000
arch, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103));
``(B) a private research institution;
``(C) a State agency;
``(D) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b));
``(E) an agency of the Department of Agriculture;
``(F) a research center of the National Aeronautics
and Space Administration, the Department of Energy, or
any other Federal agency;
``(G) an agricultural business or organization with
demonstrated expertise in areas covered by this
section; and
``(H) a representative of the private sector with
demonstrated expertise in the areas.
``(4) Reservation of funding.--If the Secretary designates
1 or 2 consortia, the Secretary shall reserve for research
projects carried out by the consortium or consortia not more
than 25 percent of the amounts made available to carry out this
section for a fiscal year.
``(d) Standards for Measuring Carbon and Other Greenhouse Gas
Content.--
``(1) Conference.--Not later than 3 years after the date of
enactment of this subtitle, the Secretary shall convene a
conference of key scientific experts on carbon sequestration
from various sectors (including the government, academic, and
private sectors) to--
``(A) discuss and establish benchmark standards for
measuring the carbon content of soils and plants
(including trees) and net emissions of other greenhouse
gases;
``(B) propose techniques and modeling approaches
for measuring carbon content with a level of precision
that is agreed on by the participants in the
conference; and
``(C) evaluate results of analyses on baseline,
permanence, and leakage issues.
``(2) Report.--Not later than 180 days after the conclusion
of the conference under paragraph (1), the Secretary shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the results of the
conference.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $25,000,000 for each of fiscal years
2002 through 2006.
``(2) Allocation.--
``(A) In general.--Of the amounts made available to
carry out this section for a fiscal year, at least 50
percent shall be allocated for competitive grants by
the Cooperative State Research, Education, and
Extension Service.
``(B) Administrative expenses.--The Secretary may
retain up to 4 percent of the amounts made available
for each fiscal year to carry out this section to pay
administrative expenses incurred in carrying out this
section.
``SEC. 388K. DEMONSTRATION PROJECTS AND OUTREACH.
``(a) Demonstration Projects.--
``(1) Development of monitoring programs.--
``(A) In general.--The Secretary, in cooperation
with local extension agents, experts from land grant
universities, and other local agricultural or
conservation organizations, shall develop user-friendly
programs that combine measurement tools and modeling
techniques into integrated packages to monitor the
carbon sequestering benefits of conservation practices
and net changes in greenhouse gas emissions.
``(B) Benchmark levels of precision.--The Secretary
shall administer programs developed under subparagraph
(A) in a manner that achieves, to the maximum extent
practicable, benchmark levels of precision in the
measurement, in a cost-effective manner, of benefits
and changes described in subparagraph (A).
``(2) Projects.--
``(A) In general.--The Secretary shall establish a
program under which the monitoring programs developed
under paragraph (1) are used in projects to demonstrate
the feasibility of methods of measuring, verifying, and
monitoring--
``(i) changes in organic carbon content and
other carbon pools in soils and plants
(including trees); and
``(ii) net changes in emissions of other
greenhouse gases.
``(B) Evaluation of implications.--The projects
under subparagraph (A) shall include evaluation of the
implications for reassessed baselines, carbon or other
greenhouse gas leakage, and the permanence of
sequestration.
``(C) Submission of proposals.--Proposals for
projects under subparagraph (A) shall be submitted by
the appropriate agency of each State, in consultation
with interested local jurisdictions and State
agricultural and conservation organizations.
``(D) Limitation.--Not more than 10 projects under
subparagraph (A) may be approved in conjunction with
applied research projects under section 388J(b) until
benchmark measurement and assessment standards are
established under section 388J(d).
``(b) Outreach.--
``(1) In general.--The Secretary, acting through the
Cooperative State Research, Education, and Extension Service,
shall widely disseminate information about the economic and
environmental benefits that can be generated by adoption of
conservation practices that increase sequestration of carbon
and reduce emission of other greenhouse gases.
``(2) Project results.--The Secretary, acting through the
Cooperative State Research, Education, and Extension Service,
shall provide for the dissemination to farmers, ranchers,
private forest landowners, and appropriate State agencies in
each State of information concerning--
``(A) the results of demonstration projects under
subsection (a)(2); and
``(B) the manner in which the methods demonstrated
in the projects might be applicable to the operations
of the farmers and ranchers.
``(3) Policy outreach.--The Secretary, acting through the
Cooperative State Research, Education, and Extension Service,
shall disseminate information on the connection between global
climate change mitigation strategies and agriculture and
forestry, so that farmers and ranchers may better understand
the global implications of the activities of farmers and
ranchers.
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal years
2002 through 2006.
``(2) Allocation.--Of the amounts made available to carry
out this section for a fiscal year, at least 50 percent shall
be allocated for demonstration projects under subsection
(a)(2).''.
SEC. 903. BIOMASS RESEARCH AND DEVELOPMENT ACT OF 2000.
(a) Funding.--The Biomass Research and Development
2000
Act of 2000 (7
U.S.C. 7624 note; Public Law 106-224) is amended--
(1) in section 307, by striking subsection (f);
(2) by redesignating section 310 as section 311; and
(3) by inserting after section 309 the following:
``SEC. 310. FUNDING.
``(a) In General.--Not later than 30 days after the date of
enactment of this subsection, and on October 1, 2002, and each October
1 thereafter through October 1, 2005, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this title $15,000,000, to
remain available until expended.
``(b) Receipt and Acceptance.--The Secretary shall be entitled to
receive, shall accept, and shall use to carry out this title the funds
transferred under subsection (a), without further appropriation.''.
(b) Termination of Authority.--Section 311 of the Biomass Research
and Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224)
(as redesignated by subsection (a)) is amended by striking ``December
31, 2005'' and inserting ``September 30, 2006''.
SEC. 904. RURAL ELECTRIFICATION ACT OF 1936.
Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.) (as amended by section 661) is amended by adding at the end the
following:
``SEC. 21. FINANCIAL AND TECHNICAL ASSISTANCE FOR RENEWABLE ENERGY
PROJECTS.
``(a) Definition of Renewable Energy.--In this section, the term
`renewable energy' means energy derived from a wind, solar, biomass,
geothermal, or hydrogen source.
``(b) Loans, Loan Guarantees, and Grants.--The Secretary shall make
loans, loan guarantees, and grants to rural electric cooperatives and
other rural electric utilities to promote the development of
economically and environmentally sustainable renewable energy projects
to serve the needs of rural communities or for rural economic
development.
``(c) Interest Rate.--A loan made or guaranteed under subsection
(b) shall bear interest at a rate not exceeding 4 percent.
``(d) Use of Funds.--
``(1) Grants.--A recipient of a grant under subsection (a)
may use the grant funds to pay up to 75 percent of the cost of
an economic feasibility study or technical assistance for a
renewable energy project.
``(2) Loans.--If a renewable energy project is determined
to be economically feasible, a recipient of a loan or loan
guarantee under subsection (a) may use the loan funds to pay a
percentage of the cost of the project determined by the
Secretary.
``(e) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this section, and on October 1, 2002, and each
October 1 thereafter through October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $9,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
``(3) Loan and interest subsidies.--In the case of a loan
or loan guarantee under subsection (a), the Secretary shall use
funds under paragraph (1) to pay the cost of loan and interest
subsidies necessary to carry out this section.''.
SEC. 905. CARBON SEQUESTRATION DEMONSTRATION PROGRAM.
(a) Findings.--Congress finds that--
(1) greenhouse gas emissions resulting from human activity
present potential risks and potential opportunities for
agricultural and forestry production;
(2) there is a need to identify cost-effective methods that
can be used in the agricultural and forestry sectors to reduce
the threat of climate change;
(3) deforestation and other land use changes account for
approximately 1,600,000,000 of the 7,900,000,000 metric tons of
the average annual worldwide quantity of carbon emitted during
the 1990s;
(4) ocean and terrestrial systems each sequestered
approximately 2,300,000,000 metric tons of carbon annually,
resulting in a sequestration of 60 percent of the annual human-
induced emissions of carbon during the 1990s;
(5) there are opportunities for increasing the quantity of
carbon that can be stored in terrestrial systems through
improved, human-induced agricultural and forestry practices;
(6) increasing the carbon content of soil helps to reduce
erosion, reduce flooding, minimize the effects of drought,
prevent nutrients and pesticides from washing into water
bodies, and contribute to water infiltration, air and water
holding capacity, and good seed germination and plant growth;
(7) tree planting and wetland restoration could play a
major role in sequestering carbon and reducing greenhouse gas
concentrations in the atmosphere;
(8) nitrogen management is a cost-effective method of
addressing nutrient overenrichment in the estuaries of the
United States and of reducing emissions of nitrous oxide;
(9) animal feed and waste management can be cost-effective
methods to address water quality issues and reduce emissions of
methane; and
(10) there is a need to--
(A) demonstrate that carbon sequestration in soils,
plants, and forests and reductions in greenhouse gas
emissions through nitrogen and animal feed and waste
management can be measured and verified; and
(B) develop and refine quantification,
verification, and auditing methodologies for carbon
sequestration and greenhouse gas emission reductions on
a project by project basis.
(b) Program.--Title IV of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by
adding at the end the following:
``SEC. 409. CARBON SEQUESTRATION DEMONSTRATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible project.--The term `eligible project' means
a project that is likely to result in--
``(A) demonstrable reductions in net emissions of
greenhouse gases; or
``(B) demonstrable net increases in the quantity of
carbon sequestered in soils and forests.
``(2) Environmental trade.--The term `environmental trade'
means a transaction between an emitter of a greenhouse gas and
an agricultural producer under which the emitter pays to the
agricultural producer a fee to sequester carbon or otherwise
reduce emissions of greenhouse gases.
``(3) Panel.--The term `panel' means the panel of experts
established under subsection (b)(4)(A).
``(4) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting in consultation with--
``(A) the Under Secretary of Agriculture for
Natural Resources and Environment;
``(B) the Under Secretary of Agriculture for
Research, Education, and Economics;
``(C) the Chief Economist of the Department; and
``(D) the panel.
``(b) Demonstration Program.--
``(1) Establishment.--Subject to the availability of
appropriations, the Secretary shall establish a program to
provide grants, on a competitive, cost-shared basis, to
agricultural producers to assist in paying the costs incurred
in measuring, estimating, monitoring, verifying, auditing, and
testing methodologies involved in environmental t
2000
rades
(including costs incurred in employing certified independent
third persons to carry out those activities).
``(2) Conditions for receipt of grant.--As a condition of
the acceptance of a grant under paragraph (1), an agricultural
producer shall--
``(A) establish a carbon and greenhouse gas
monitoring, verification, and reporting system that
meets such requirements as the Secretary shall
prescribe; and
``(B) under the system and through the use of an
independent third party for any necessary monitoring,
verifying, reporting, and auditing, measure and report
to the Secretary the quantity of carbon sequestered, or
the quantity of greenhouse gas emissions reduced, as a
result of the conduct of an eligible project.
``(3) Criteria for award of grant.--
``(A) In general.--In awarding a grant for an
eligible project under paragraph (1), the Secretary
shall take into consideration--
``(i) the likelihood of the eligible
project in succeeding in achieving greenhouse
gas emissions reductions and net carbon
sequestration increases; and
``(ii) the usefulness of the information to
be obtained from the eligible project in
determining how best to quantify, monitor, and
verify sequestered carbon or reductions in
greenhouse gas emissions.
``(B) Priority criteria.--The Secretary shall give
priority in awarding a grant under paragraph (1) to an
eligible project that--
``(i) involves multiple parties, a whole
farm approach, or any other approach, such as
the aggregation of land areas, that would--
``(I) increase the environmental
benefits or reduce the transaction
costs of the eligible project; and
``(II) reduce the costs of
measuring, monitoring, and verifying
any net sequestration of carbon or net
reduction in greenhouse gas emissions;
``(ii) is designed to achieve long-term
sequestration of carbon or long-term reductions
in greenhouse gas emissions;
``(iii) is designed to address concerns
concerning leakage;
``(iv) provides certain other benefits,
such as improvements in--
``(I) soil fertility;
``(II) wildlife habitat;
``(III) water quality;
``(IV) soil erosion management;
``(V) the use of renewable
resources to produce energy;
``(VI) the avoidance of ecosystem
fragmentation; and
``(VII) the promotion of ecosystem
restoration with native species; or
``(v) does not involve--
``(I) the reforestation of land
that has been deforested since 1990; or
``(II) the conversion of native
grassland.
``(4) Panel.--
``(A) In general.--The Secretary shall establish a
panel to provide advice and recommendations to the
Secretary with respect to criteria for awarding grants
under this subsection.
``(B) Composition.--The panel shall be composed of
the following representatives, to be appointed by the
Secretary:
``(i) Experts from each of--
``(I) the Department;
``(II) the Environmental Protection
Agency; and
``(III) the Department of Energy.
``(ii) Experts from nongovernmental and
academic entities.
``(5) Payment of grant funds.--The Secretary shall provide
a grant awarded under this section in such number of
installments as is necessary to ensure proper implementation of
an eligible project.
``(c) Methodology Grant Program.--
``(1) Establishment.--The Secretary shall establish a
program to provide grants to determine the best methodologies
for estimating and measuring increases or decreases in--
``(A) agricultural greenhouse gas emissions; and
``(B) the quantity of carbon sequestered in soils,
forests, and trees.
``(2) Eligible recipients.--The Secretary shall award a
grant under paragraph (1), on a competitive basis, to a college
or university, or other research institution, that seeks to
demonstrate the viability of a methodology described in
paragraph (1).
``(d) Dissemination of Information.--As soon as practicable after
the date of enactment of this section, the Secretary shall establish an
Internet site through which agricultural producers may obtain
information concerning--
``(1) potential environmental trades; and
``(2) activities of the Secretary under this section.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2002 through 2006.''.
SEC. 906. SENSE OF CONGRESS CONCERNING NATIONAL RENEWABLE FUELS
STANDARD.
It is the sense of Congress that--
(1) Congress 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 of Agriculture should ensure that the
policies and programs of the Department of Agriculture promote
the production of fuels from renewable fuel sources.
SEC. 907. SENSE OF CONGRESS CONCERNING THE BIOENERGY PROGRAM OF THE
DEPARTMENT OF AGRICULTURE.
It is the sense of Congress that--
(1) ethanol and biofuel production capacity will be needed
to phase out the use of methyl tertiary butyl ether in gasoline
and the dependence of the United States on foreign oil; and
(2) the bioenergy program of the Department of Agriculture
under part 1424 of title 7, Code of Federal Regulations, should
be continued and expanded.
TITLE X--MISCELLANEOUS
Subtitle A--Country of Origin and Quality Grade Labeling
SEC. 1001. 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.--
``(A) In general.--The term `covered commodity'
means--
2000
``(i) muscle cuts of beef, lamb, and pork;
``(ii) ground beef, ground lamb, and ground
pork;
``(iii) farm-raised fish;
``(iv) a perishable agricultural commodity;
and
``(v) peanuts.
``(B) Exclusions.--The term `covered commodity'
does not include--
``(i) processed beef, lamb, and pork food
items; and
``(ii) frozen entrees containing beef,
lamb, and pork.
``(3) Farm-raised fish.--The term `farm-raised fish'
includes--
``(A) farm-raised shellfish; and
``(B) fillets, steaks, nuggets, and any other flesh
from a farm-raised fish or shellfish.
``(4) Food service establishment.--The term `food service
establishment' means a restaurant, cafeteria, lunch room, food
stand, saloon, tavern, bar, lounge, or other similar facility
operated as an enterprise engaged in the business of selling
food to the public.
``(5) Lamb.--The term `lamb' means meat, other than mutton,
produced from sheep.
``(6) Perishable agricultural commodity; retailer.--The
terms `perishable agricultural commodity' and `retailer' have
the meanings given the terms in section 1(b) of the Perishable
Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)).
``(7) Pork.--The term `pork' means meat produced from hogs.
``(8) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Agricultural Marketing
Service.
``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 farm-raised fish, is hatched,
raised, harvested, and processed in the United States;
and
``(C) in the case of a perishable agricultural
commodities or peanut, 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.
``(f) Certification of Origin.--
``(1) Mandatory identification.--The Secretary shall not
use a mandatory identification system to verify the country of
origin of a covered commodity.
``(2) Existing certification programs.--To certify the
country of origin of a covered commodity, the Secretary may use
as a model certification programs in existence on the date of
enactment of this Act, including--
``(A) the carcass grading and certification system
carried out under this Act;
``(B) the voluntary country of origin beef labeling
system carried out under this Act;
``(C) voluntary programs established to certify
certain premium beef cuts;
``(D) the origin verification system established to
carry out the child and adult care food program
established under section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766); or
``(E) the origin verification system established to
carry out the market access program under section 203
of the Agricultural Trade Act of 1978 (7 U.S.C. 5623).
``SEC. 273. ENFORCEMENT.
``(a) In General.--Except as provided in subsection (b), section
253 shall apply to a violation of this subtitle.
``(b) Warnings.--If the Secretary determines that a retailer is in
violation of section 272, the Secretary shall--
``(1) notify the retailer of the determination of the
Secretary; and
``(2) provide the retailer a 30-day period, beginning on
the date on which the retailer receives the notice under
paragraph (1) from the Secretary, during which the retailer may
take necessary steps to comply with section 272.
``(c) Fines.--If, on completion of the 30-day period described in
subsection (c)(2), the Secretary determines that the retailer has
willfully violated section 272, after providing notice and an
opportunity for a hearing before the Secretary with respect to the
violation, the Secretary may fine the retailer in an amount determined
by the Secretary.
``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.''.
SEC. 1002. QUALITY GRADE LABELING OF IMPORTED MEAT AND MEAT FOOD
PRODUCTS.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) (as
amended by section 1001) is amended by adding at the end the following:
``Subtitle D--Commodity-Specific Grading Standards
``SEC. 281. DEFINITION OF SECRETARY.
``In this subtitle, the term `Secretary' means the Secretary of
Agriculture.
``SEC. 282. QUALITY GRADE LABELING OF IMPORTED MEAT AND MEAT FOOD
PRODUCTS.
``An imported carcass, part thereof, meat, or meat food product (as
defined by the Secretary) shall not bear a label that indicates a
quality grade issued by the Secretary.
``SEC. 283. REGULATIONS.
``The Secretary shall promulgate such reg
2000
ulations as are necessary
to ensure compliance with, and otherwise carry out, this subtitle.''.
Subtitle B--Crop Insurance
SEC. 1011. CONTINUOUS COVERAGE.
Section 508(e)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(4)) is amended--
(1) in the paragraph heading, by striking ``Temporary
prohibition'' and inserting ``Prohibition''; and
(2) by striking ``through 2005'' and inserting ``and
subsequent''.
SEC. 1012. QUALITY LOSS ADJUSTMENT PROCEDURES.
Section 508(m)(3) of the Federal Crop Insurance Act (7 U.S.C.
1508(m)(3)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) Review.--The Corporation''; and
(2) by striking ``Based on'' and inserting the following:
``(B) Procedures.--Effective beginning not later
than the 2003 reinsurance year, based on''.
SEC. 1013. CONSERVATION REQUIREMENTS.
(a) Highly Erodible Land Conservation.--Section 1211(1) of the Food
Security Act of 1985 (16 U.S.C. 3811(1)) is amended--
(1) in subparagraph (A), by striking ``production
flexibility'';
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(3) by inserting after subparagraph (B) the following:
``(C) an indemnity payment under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.);''.
(b) Wetland Conservation.--Section 1221(b) of the Food Security Act
of 1985 (16 U.S.C. 3821(b)) is amended--
(1) in paragraph (1), by striking ``production
flexibility'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) A farm storage facility loan made under section 4(h)
of the Commodity Credit Corporation Charter Act (15 U.S.C.
714b(h)).
``(3) A disaster payment.
``(4) An indemnity payment under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).''.
(c) Controlled Substances Production Control.--Section 519(b) of
the Controlled Substances Act (21 U.S.C. 889(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) contract payments under a contract, marketing
assistance loans, and any type of price support or
payment made available under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.), the Commodity
Credit Corporation Charter Act (15 U.S.C. 714 et seq.),
or any other Act;'';
(B) by striking subparagraphs (C) and (D) and
inserting the following:
``(C) an indemnity payment under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.);
``(D) a disaster payment; or'';
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) during the crop year--
``(A) a payment made pursuant to a contract entered
into under the environmental quality incentives program
under chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.);
``(B) a payment under any other provision of
subtitle D of title XII of that Act (16 U.S.C. 3830 et
seq.);
``(C) a payment under section 401 or 402 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201, 2202);
or
``(D) a payment, loan, or other assistance under
section 3 or 8 of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1003 and 1006a).''.
Subtitle C--General Provisions
SEC. 1021. UNLAWFUL STOCKYARD PRACTICES INVOLVING NONAMBULATORY
LIVESTOCK.
(a) In General.--Title III of the Packers and Stockyards Act, 1921,
is amended by inserting after section 317 (7 U.S.C. 217a) the
following:
``SEC. 318. UNLAWFUL STOCKYARD PRACTICES INVOLVING NONAMBULATORY
LIVESTOCK.
``(a) Definitions.--In this section:
``(1) Humanely euthanized.--The term `humanely euthanized'
means to kill an animal by mechanical, chemical, or other means
that immediately render the animal unconscious, with this state
remaining until the animal's death.
``(2) Nonambulatory livestock.--The term `nonambulatory
livestock' means any livestock that is unable to stand and walk
unassisted.
``(b) Unlawful Practices.--
``(1) In general.--It shall be unlawful under section 312
for any stockyard owner, market agency, or dealer to buy, sell,
give, receive, transfer, market, hold, or drag any
nonambulatory livestock unless the nonambulatory livestock has
been humanely euthanized.
``(2) Exceptions.--
``(A) Non-gipsa farms.--Paragraph (1) shall not
apply to any farm the animal care practices of which
are not subject to the authority of the Grain
Inspection, Packers, and Stockyards Administration.
``(B) Veterinary care.--Paragraph (1) shall not
apply in a case in which nonambulatory livestock
receive veterinary care intended to render the
livestock ambulatory.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) takes
effect 1 year after the date of the enactment of this Act.
(2) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture shall
promulgate regulations consistent with the amendment, relating
to the handling, treatment, and disposition of nonambulatory
livestock at livestock marketing facilities or by dealers.
SEC. 1022. 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. 1023. PROTECTION FOR PURCHASERS OF FARM PRODUCTS.
Section 1324 of the Food Security Act of 1985 (7 U.S.C. 1631) is
amended--
(1) in subsection (c)(4)--
(A) in subparagraph (B), by striking ``signed,''
and inserting ``signed, authorized, or otherwise
authenticated by the debtor,'';
(B) by striking subparagraph (C);
(C) in subparagraph (D)--
(i) in clause (iii), by adding ``and''
after the semicolon at the end; and
(ii) in clause (iv), by striking
``applicable;'' and all that follows and
inserting ``applicable, and the name of each
county or parish in which the farm products are
growing or located;''; and
(D) by redesignating subparagraphs (D) through (I)
as subparagraphs (C) through (H), respectively;
(2) in subsection (e)--
(A) in paragraph (1)(A)--
(i) in clause (ii)--
(I) in subclause (III), by adding
``and'' after the semicolon at the end;
and
(II) in subclause (IV), by striking
``crop year,'' and all that follows and
2000
inserting ``crop year, and the name of
each county or parish in which the farm
products are growing or located;''; and
(iii) in clause (v), by inserting
``contains'' before ``any payment''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``subparagraph'' and inserting ``subsection'';
and
(ii) in subparagraph (B), by striking ``;
and'' and inserting a period; and
(3) subsection (g)(2)(A)--
(A) in clause (ii)--
(i) in subclause (III), by adding ``and''
after the semicolon at the end; and
(ii) in subclause (IV), by striking ``crop
year,'' and all that follows and inserting
``crop year, and the name of each county or
parish in which the farm products are growing
or located;''; and
(B) in clause (v), by inserting ``contains'' before
``any payment''.
SEC. 1024. PENALTIES AND FOREIGN COMMERCE PROVISIONS OF THE ANIMAL
WELFARE ACT.
(a) Penalties and Foreign Commerce Provisions of the Animal Welfare
Act.--Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended--
(1) in subsection (e)--
(A) by inserting ``Penalties.--'' after ``(e)'';
(B) by striking ``$5,000'' and inserting
``$15,000''; and
(C) by striking ``1 year'' and inserting ``2
years''; and
(2) in subsection (g)(2)(B), by inserting at the end before
the semicolon the following: ``or from any State into any
foreign country''.
(b) Effective Date.--The amendments made by this section take
effect 30 days after the date of the enactment of this Act.
SEC. 1025. PROHIBITION ON INTERSTATE MOVEMENT OF ANIMALS FOR ANIMAL
FIGHTING.
(a) Prohibition on Interstate Movement of Animals for Animal
Fighting.--Section 26(d) of the Animal Welfare Act (7 U.S.C. 2156(d))
is amended to read as follows:
``(d) Activities Not Subject to Prohibition.--This section does not
apply to the selling, buying, transporting, or delivery of an animal in
interstate or foreign commerce for any purpose, so long as the purpose
does not include participation of the animal in an animal fighting
venture.''.
(b) Effective Date.--The amendment made by this section take effect
30 days after the date of the enactment of this Act.
SEC. 1026. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS.
Section 2501 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279) is amended by striking subsection (a) and
inserting the following:
``(a) Outreach and Assistance.--
``(1) Definitions.--In this subsection:
``(A) Department.--The term `Department' means the
Department of Agriculture.
``(B) Eligible entity.--The term `eligible entity'
means--
``(i) any community-based organization,
network, or coalition of community-based
organizations that--
``(I) has demonstrated experience
in providing agricultural education or
other agriculturally related services
to socially disadvantaged farmers and
ranchers;
``(II) has provided to the
Secretary documentary evidence of work
with socially disadvantaged farmers and
ranchers during the 2-year period
preceding the submission of an
application for assistance under this
subsection; and
``(III) has not engaged in
activities prohibited under section
501(c)(3) of the Internal Revenue Code
of 1986;
``(ii)(I) an 1890 institution (as defined
in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7
U.S.C. 7601)), including West Virginia State
College;
``(II) a 1994 institution (as defined in
section 2 of that Act);
``(III) an Indian tribal community college;
``(IV) an Alaska Native cooperative
college;
``(V) a Hispanic-serving institution (as
defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)); and
``(VI) any other institution of higher
education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001))
that has demonstrated experience in providing
agriculture education or other agriculturally
related services to socially disadvantaged
farmers and ranchers in a region; and
``(iii) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b)) or a national tribal organization
that has demonstrated experience in providing
agriculture education or other agriculturally related
services to socially disadvantaged farmers and ranchers
in a region.
``(C) Secretary.--The term `Secretary' means the
Secretary of Agriculture.
``(2) Program.--The Secretary shall carry out an outreach
and technical assistance program to encourage and assist
socially disadvantaged farmers and ranchers--
``(A) in owning and operating farms and ranches;
and
``(B) in participating equitably in the full range
of agricultural programs offered by the Department.
``(3) Requirements.--The outreach and technical assistance
program under paragraph (2) shall--
``(A) enhance coordination of the outreach,
technical assistance, and education efforts authorized
under various agriculture programs; and
``(B) include information on, and assistance with--
``(i) commodity, conservation, credit,
rural, and business development programs;
``(ii) application and bidding procedures;
``(iii) farm and risk management;
``(iv) marketing; and
``(v) other activities essential to
participation in agricultural and other
programs of the Department.
``(4) Grants and contracts.--
``(A) In general.--The Secretary may make grants
to, and enter into contracts and other agreements with,
an eligible entity to provide information and technical
assistance under this subsection.
``(B) Relationship to other law.--The authority to
2000
carry out this section shall be in addition to any
other authority provided in this or any other Act.
``(5) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $25,000,000 for each of fiscal years 2002
through 2006.
``(B) Interagency funding.--In addition to funds
authorized to be appropriated under subparagraph (A),
any agency of the Department may participate in any
grant, contract, or agreement entered into under this
section by contributing funds, if the agency determined
that the objectives of the grant, contract, or
agreement will further the authorized programs of the
contributing agency.''.
SEC. 1027. PUBLIC DISCLOSURE REQUIREMENTS FOR COUNTY COMMITTEE
ELECTIONS.
Section 8(b)(5) of the Soil Conservation and Domestic Allotment Act
(16 U.S.C. 590h(b)(5)) is amended by striking subparagraph (B) and
inserting the following:
``(B) Establishment and elections for county, area,
or local committees.--
``(i) Establishment.--
``(I) In general.--In each county
or area in which activities are carried
out under this section, the Secretary
shall establish a county or area
committee.
``(II) Local administrative
areas.--The Secretary may designate
local administrative areas within a
county or a larger area under the
jurisdiction of a committee established
under subclause (I).
``(ii) Composition of county, area, or
local committees.--A committee established
under clause (i) shall consist of not fewer
than 3 nor more than 5 members that--
``(I) are fairly representative of
the agricultural producers within the
area covered by the county, area, or
local committee; and
``(II) are elected by the
agricultural producers that participate
or cooperate in programs administered
within the area under the jurisdiction
of the county, area, or local
committee.
``(iii) Elections.--
``(I) In general.--Subject to
subclauses (II) through (V), the
Secretary shall establish procedures
for nominations and elections to
county, area, or local committees.
``(II) Nondiscrimination
statement.--Each solicitation of
nominations for, and notice of
elections of, a county, area, or local
committee shall include the
nondiscrimination statement used by the
Secretary.
``(III) Nominations.--
``(aa) Eligibility.--To be
eligible for nomination and
election to the applicable
county, area, or local
committee, as determined by the
Secretary, an agricultural
producer shall be located
within the area under the
jurisdiction of a county, area,
or local committee, and
participate or cooperate in
programs administered within
that area.
``(bb) Outreach.--In
addition to such nominating
procedures as the Secretary may
prescribe, the Secretary shall
solicit and accept nominations
from organizations representing
the interests of socially
disadvantaged groups (as
defined in section 355(e)(1) of
the Consolidated Farm and Rural
Development Act (7 U.S.C.
2003(e)(1)).
``(IV) Opening of ballots.--
``(aa) Public notice.--At
least 10 days before the date
on which ballots are to be
opened and counted, a county,
area, or local committee shall
announce the date, time, and
place at which election ballots
will be opened and counted.
``(bb) Opening of
ballots.--Election ballots
shall not be opened until the
date and time announced under
item (aa).
``(cc) Observation.--Any
person may observe the opening
and counting of the election
ballots.
``(V) Report of election.--Not
later than 20 days after the date on
which an election is held, a county,
area, or local committee shall file an
election report with the Secretary and
the State office of the Farm Service
Agency that includes--
``(aa) the number of
eligible voters in the area
covered by the county, area, or
local committee;
``(bb) the number of
ballots cast in the election by
eligible voters (including the
percentage of eligible voters
that cast ballots);
``(cc) the number of
ballots disqualified in the
election;
``(dd) the percentage that
the number of ballots
2000
disqualified is of the number
of ballots received;
``(ee) the number of
nominees for each seat up for
election;
``(ff) the race, ethnicity,
and gender of each nominee, as
provided through the voluntary
self-identification of each
nominee; and
``(gg) the final election
results (including the number
of ballots received by each
nominee).
``(VI) National report.--Not later
than 90 days after the date on which
the first election of a county, area,
or local committee that occurs after
the date of enactment of the
Agriculture, Conservation, and Rural
Enhancement Act of 2001 is held, the
Secretary shall complete a report that
consolidates all the election data
reported to the Secretary under
subclause (V).
``(VII) Election reform.--
``(aa) Analysis.--If
determined necessary by the
Secretary after analyzing the
data contained in the report
under subclause (VI), the
Secretary shall promulgate and
publish in the Federal Register
proposed uniform guidelines for
conducting elections for
members and alternate members
of county, area, and local
committees not later than 1
year after the date of
completion of the report.
``(bb) Inclusion.--The
procedures promulgated by the
Secretary under item (aa) shall
ensure fair representation of
socially disadvantaged groups
described in subclause
(III)(bb) in an area covered by
the county, area, or local
committee, in cases in which
those groups are
underrepresented on the county,
area, or local committee for
that area.
``(cc) Methods of
inclusion.--Notwithstanding
clause (ii), the Secretary may
ensure inclusion of socially
disadvantaged farmers and
ranchers through provisions
allowing for appointment of
additional voting members to a
county, area, or local
committee or through other
methods.
``(iv) Term of office.--The term of office
for a member of a county, area, or local
committee shall not exceed 3 years.''.
SEC. 1028. 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. 1029. TREE ASSISTANCE PROGRAM.
(a) In General.--Section 194 of the Federal Agriculture Improvement
and Reform Act of 1996 (Public Law 104-127; 110 Stat. 945) is amended
to read as follows:
``SEC. 194. TREE ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible orchardist.--The term `eligible orchardist'
means a person that produces annual crops from trees for
commercial purposes,
``(2) Natural disaster.--The term `natural disaster' means
plant disease, insect infestation, drought, fire, freeze,
flood, earthquake, and other natural occurrences, as determined
by the Secretary.
``(3) Tree.--The term `tree' includes trees, bushes, and
vines.
``(4) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Eligibility.--
``(1) Loss.--Subject to paragraph (2), the Secretary shall
provide assistance in accordance with subsection (c) to
eligible orchardists that, as determined by the Secretary--
``(A) planted trees for commercial purposes; and
``(B) lost those trees as a result of a natural
disaster.
``(2) Limitation.--An eligible orchardist shall qualify for
assistance under subsection (c) only if the tree mortality rate
of the orchardist, as a result of the natural disaster, exceeds
15 percent (adjusted for normal mortality), as determined by
the Secretary.
``(c) Assistance.--
``(1) In general.--Assistance provided by the Secretary to
eligible orchardists for losses described in subsection (b)
shall consist of--
``(A) reimbursement of 75 percent of the cost of
replanting trees lost due to a natural disaster, as
determined by the Secretary, in excess of 15 percent
mortality (adjusted for normal mortality); or
``(B) at the discretion of the Secretary,
sufficient tree seedlings to reestablish the stand.
``(2) Limitation on Assistance.--
``(A) Limitation.--The total amount of payments
that a person may receive under this section shall not
exceed--
``(i) $100,000; or
``(ii) an equivalent value in tree
seedlings.
``(B) Regulations.--The Secretary shall promulgate
regulations that--
``(i) define the term `person' for the
purposes of this section (which definition
shall conform, to the extent practicable, to
the regulations defining the term `person'
promulgated under section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308); and
``(ii) prescribe such rules as the
Secretary determines are necessary to ensure a
fair and reasonable application of the
limitation established under this section.
``(d) Authorization of appropriations.--Notwithstanding section
161, there is authorized to be appropriated such sums as are necessary
to carry out this section for each
2000
of fiscal years 2002 through
2006.''.
(b) Application Date.--The amendment made by subsection (a) shall
apply to tree losses that are incurred as a result of a natural
disaster after January 1, 2000.
SEC. 1030. 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.
SEC. 1031. FOOD SAFETY COMMISSION.
(a) Establishment.--
(1) In general.--There is established a commission to be
known as the ``Food Safety Commission'' (referred to in this
section as the ``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed
of 15 members, of whom--
(i) 4 shall be appointed by the Majority
Leader of the Senate;
(ii) 3 shall be appointed by the Minority
Leader of the Senate;
(iii) 4 shall be appointed by the Speaker
of the House of Representatives;
(iv) 3 shall be appointed by the Minority
Leader of the House of Representatives; and
(v) 1 shall--
(I) be appointed jointly by the
Speaker of the House of Representatives
and the Majority Leader of the Senate;
and
(II) serve as chairperson.
(B) Eligibility.--Members of the Commission--
(i) shall be knowledgeable or have
expertise or training in matters under the
jurisdiction of the Commission;
(ii) shall represent, at a minimum--
(I) consumer groups;
(II) food processors, producers,
and retailers;
(III) public health professionals;
(IV) food inspectors;
(V) former or current food safety
regulators;
(VI) members of academia; or
(VII) any other interested
individuals; and
(iii) shall not be Federal employees.
(C) Date of appointments.--The appointment of a
member of the Commission shall be made not later than
60 days after the date of enactment of this Act.
(D) Consultation.--The Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, and
the Minority Leader of the Senate shall consult among
themselves prior to appointing the members of the
Commission under subparagraph (A) to achieve, to the
maximum extent practicable--
(i) consensus on the appointments; and
(ii) fair and equitable representation of
various points of view with respect to matters
reviewed by the Commission.
(E) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled--
(I) not later than 60 days after
the date on which the vacancy occurs;
and
(II) in the same manner as the
original appointment was made.
(3) Meetings.--
(A) Initial meeting.--The initial meeting of the
Commission shall be conducted not later than 30 days
after the later of--
(i) the date of appointment of the final
member of the Commission; or
(ii) the date on which funds authorized to
be appropriated under subsection (f)(1) are
made available.
(B) Other meetings.--The Commission shall meet at
the call of the Chairperson.
(4) Quorum; standing rules.--
(A) Quorum.--A majority of the members of the
Commission shall constitute a quorum to conduct
business.
(B) Standing rules.--At the first meeting of the
Commission, the Commission shall adopt standing rules
of the Commission to guide the conduct of business and
decisionmaking of the Commission.
(C) Consensus.--
(i) In general.--To the maximum extent
practicable, the Commission shall carry out the
duties of the Commission by reaching consensus.
(ii) Voting.--
(I) In general.--If the Commission
is unable to achieve consensus with
respect to a particular decision, the
Commission shall vote on the decision.
(II) Authority.--Each member of the
Commission shall have 1 vote, which
vote shall be accorded the same weight
as a vote of each other voting member.
(b) Duties.--
(1) Recommendations.--
(A) In general.--The Commission shall make specific
recommendations that build on and implement, to the
maximum extent practicable, the recommendations
contained in the report of the National Academy of
Sciences entitled ``Ensuring Safe Food from Production
to Consumption'' and that shall serve as the basis for
draft legislative language to--
(i) improve the food safety system;
(ii) improve public health;
(iii) create a harmonized, central
framework for managing Federal food safety
programs (including outbreak management,
standard-setting, inspection, monitoring,
surveillance, risk assessment, enforcement,
research, and education);
(iv) enhance the effectiveness of Federal
food safety resources; and
(v) eliminate, to the maximum extent
practicable, gaps, conflicts, duplication, and
failures in t
2000
he food safety system.
(B) Components.--Recommendations made by the
Commission under subparagraph (A) shall, at a minimum,
address--
(i) all food available commercially in the
United States, including meat, poultry, eggs,
seafood, and produce;
(ii) the application of all resources based
on risk, including resources for inspection,
research, enforcement, and education;
(iii) shortfalls, redundancy, and
inconsistency in laws (including regulations);
and
(iv) the use of science-based methods,
performance standards, and preventative control
systems to ensure the safety of the food supply
of the United States.
(2) Report.--Not later than 1 year after the date on which
the Commission first meets, the Commission shall submit to the
President and Congress a comprehensive report that includes--
(A) the findings, conclusions, and recommendations
of the Commission;
(B) a summary of any reports submitted to the
Commission under subsection (e) by--
(i) the Advisory Commission on
Intergovernmental Relations; and
(ii) the National Academy of Sciences;
(C) a summary of any other material used by the
Commission in the preparation of the report under this
paragraph; and
(D) if requested by 1 or more members of the
Commission, a statement of the minority views of the
Commission.
(c) Powers of the Commission.--
(1) Hearings.--The Commission or, at the direction of the
Commission, any subcommittee or member of the Commission, may,
for the purpose of carrying out this section hold such
hearings, meet and act at such times and places, take such
testimony, receive such evidence, and administer such oaths, as
the Commission or such subcommittee or member considers
advisable.
(2) Witness allowances and fees.--
(A) In general.--Section 1821 of title 28, United
States Code, shall apply to a witness requested to
appear at a hearing of the Commission.
(B) Expenses.--The per diem and mileage allowances
for a witness shall be paid from funds available to pay
the expenses of the Commission.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure
directly, from any Federal Department or agency, such
information as the Commission considers necessary to
carry out the duties of the Commission under subsection
(b).
(B) Provision of information.--
(i) In general.--Subject to subparagraph
(C), on the request of the Commission, the head
of a department or agency described in
subparagraph (A) shall furnish information
requested by the Commission to the Commission.
(ii) Administration.--The furnishing of
information by a department or agency to the
Commission shall not be considered a waiver of
any exemption available to the department or
agency under section 552 of title 5, United
States Code.
(C) Information to be kept confidential.--
(i) In general.--For purposes of section
1905 of title 18, United States Code--
(I) the Commission shall be
considered an agency of the Federal
Government; and
(II) any individual employed by an
individual, entity, or organization
that is a party to a contract with the
Commission under subsection (e) shall
be considered an employee of the
Commission.
(ii) Prohibition on disclosure.--
Information obtained by the Commission, other
than information that is available to the
public, shall not be disclosed to any person in
any manner except--
(I) to an employee of the
Commission described in clause (i), for
the purpose of receiving, reviewing, or
processing the information;
(II) in compliance with a court
order; or
(III) in any case in which the
information is publicly released by the
Commission in an aggregate or summary
form that does not directly or
indirectly disclose--
(aa) the identity of any
person or business entity; or
(bb) any information the
release of which is prohibited
under section 1905 of title 18,
United States Code.
(d) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Commission to perform
the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(C) Compensation.--
(i) In general.--Except as provided in
clause (ii), the Chairperson of the Commission
may fix the compensation of the executive
director and other personnel without regard to
the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, United States Code,
2000
relating to classification of positions and
General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of
title 5, United States Code.
(4) Detail of federal government employees.--
(A) In general.--Notwithstanding any other
provision of law (including an Act of appropriation),
an employee of the Federal Government may be detailed
to the Commission, without reimbursement, for such
period of time as the Commission may require.
(B) Civil service status.--The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission 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
prescribed for level V of the Executive Schedule under section
5316 of that title.
(e) Contracts for Research.--
(1) Advisory commission on intergovernmental relations.--
(A) In general.--In carrying out the duties of the
Commission under subsection (b), the Commission may
enter into contracts with the Advisory Commission on
Intergovernmental Relations under which the Advisory
Commission on Intergovernmental Relations shall conduct
a thorough review of, and shall catalogue, all
applicable Federal, State, local, and tribal laws,
regulations, and ordinances that pertain to food safety
in the United States.
(B) Report.--A contract under subparagraph (A)
shall require that, not later than 240 days after the
date on which the Commission first meets, the Advisory
Commission on Intergovernmental Relations shall submit
to the Commission a report that describes the results
of the services rendered by the Advisory Commission on
Intergovernmental Relations under the contract.
(2) National academy of sciences.--
(A) In general.--In carrying out the duties of the
Commission under subsection (b), the Commission may
enter in contracts with the National Academy of
Sciences to obtain research or other assistance.
(B) Report.--A contract under subparagraph (A)
shall require that, not later than 240 days after the
date on which the Commission first meets, the National
Academy of Sciences shall submit to the Commission a
report that describes the results of the services to be
rendered by the National Academy of Sciences under the
contract.
(3) Other organizations.--Nothing in this subsection limits
or otherwise affects the ability of the Commission to enter
into a contract with an entity or organization that is not
described in paragraph (1) or (2) to obtain assistance in
conducting research necessary to carry out the duties of the
Commission under subsection (b).
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $3,000,000.
(2) Limitation.--No payment may be made under subsection
(d) or (e) except to the extent provided for in advance in an
appropriations Act.
(g) Termination.--The Commission shall terminate on the date that
is 60 days after the date on which the Commission submits the
recommendations and report under subsection (b).
SEC. 1032. HUMANE METHODS OF ANIMAL SLAUGHTER.
It is the sense of Congress that--
(1) the Secretary of Agriculture should--
(A) resume tracking the number of violations of
Public Law 85-765 (7 U.S.C. 1901 et seq.) and report
the results and relevant trends annually to Congress;
and
(B) fully enforce Public Law 85-765 by ensuring
that humane methods in the slaughter of livestock--
(i) prevent needless suffering;
(ii) result in safer and better working
conditions for persons engaged in the
slaughtering of livestock;
(iii) bring about improvement of products
and economies in slaughtering operations; and
(iv) produce other benefits for producers,
processors, and consumers that tend to expedite
an orderly flow of livestock and livestock
products in interstate and foreign commerce;
and
(2) it should be the policy of the United States that the
slaughtering of livestock and the handling of livestock in
connection with slaughter shall be carried out only by humane
methods.
Subtitle D--Administration
SEC. 1041. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this Act and the amendments
made by this Act.
(b) Procedure.--The promulgation of the regulations and
administration of title I and sections 456 and 508 and the amendments
made by title I and sections 456 and 508 shall be made without regard
to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
subsection (b), the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 1042. EFFECT OF AMENDMENTS.
(a) In General.--Except as otherwise specifically provided in this
Act and notwithstanding any other provision of law, this Act and the
amendments made by this Act shall not affect the authority of the
Secretary of Agriculture to carry out an agricultural market
transition, price support, or production adjustment program for any of
the 1996 through 2001 crop, fiscal, or calendar years under a provision
of law in effect immediately before the date of enactment of this Act.
(b) Liability.--A provision of this Act or an amendment made by
this Act 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.
Calendar No. 237
107th CONGRESS
1st Session
S. 1731
_______________________________________________________________________
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.
_________________________________________________
7d
______________________
November 27, 2001
Read twice and placed on the calendar
0